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  • Rosalina Calonge v. City of San Jose

    104 F.4th 39 · Court of Appeals for the Ninth Circuit · Jun 7, 2024

    We also conclude that the relevant law was clearly established at the time, so Officer Carboni is not entitled to qualified immunity. … CITY OF SAN JOSE immunity at the summary judgment stage because there were genuine disputes of material fact. She also argued that qualified immunity was inappropriate because the relevant law was clearly established.

    Cited 14 timesPublished
  • McGrath v. Gillis

    44 F.3d 567 · Court of Appeals for the Seventh Circuit · Jan 6, 1995

    “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … . *570 In order to defeat a claim of qualified immunity, a plaintiff must allege a cognizable violation of a constitutional right clearly established at the time of the alleged misconduct.

    Cited 51 timesPublished
  • Jones v. Fountain

    121 F. Supp. 2d 571 · District Court, E.D. Texas · Jul 7, 2000

    The court will now proceed to the qualified immunity discussion. IV. QUALIFIED IMMUNITY In his third motion for summary judgment, defendant argues Jones’ claims are barred by qualified immunity. … In assessing a qualified immunity claim the district court must determine “whether (1) the plaintiffs have asserted a constitutional or statutory violation; (2) the law regarding the alleged violation was clearly established

    Cited 7 timesPublished
  • Elizabeth Roque-Rodriguez v. Hon. Jose Lema Moya

    926 F.2d 103 · Court of Appeals for the First Circuit · Feb 27, 1991

    This is clearly an error of law, since for purposes of the doctrine of qualified immunity, th[e] court had to determine whether on [sic] 1985, plaintiff had a clearly established right under the First Amendment to be promoted … and that the failure to promote her violated this clearly established right.

    Cited 48 timesPublished
  • Desiree Martinez v. City of Clovis

    943 F.3d 1260 · Court of Appeals for the Ninth Circuit · Dec 4, 2019

    QUALIFIED IMMUNITY DOCTRINE “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Qualified immunity applies either where there was no constitutional violation or where the constitutional violation was not clearly established. See id.

    Cited 121 timesPublished
  • Garvey v. Vermilion

    2012 Ohio 1258 · Ohio Court of Appeals · Mar 26, 2012

    ‘If no constitutional right would have been violated were the 5 allegations established, there is no necessity for further inquiries concerning qualified immunity.’” … be determined before trial whether the defendant did acts that violate clearly established rights.”

    Cited 6 timesPublished
  • Hare v. City of Corinth, Miss.

    949 F. Supp. 456 · District Court, N.D. Mississippi · Nov 22, 1996

    The first step in the inquiry of the defendants’ claim of qualified immunity is whether the plaintiff has alleged the violation of a clearly established right. Siegert v. … Dec. 16, 1994). 1) Was the law clearly established?

    Cited 3 timesPublished
  • Kopec v. Tate

    230 F. Supp. 2d 619 · District Court, E.D. Pennsylvania · Oct 21, 2002

    Defendant asserts a defense of qualified immunity. … must be “clearly established.”

    Cited 2 timesPublished
  • Melissa Knibbs v. Anthony Momphard, Jr.

    30 F.4th 200 · Court of Appeals for the Fourth Circuit · Mar 30, 2022

    “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry, 652 F.3d at 531. … Deputy Momphard would still be entitled to qualified immunity if he could show that the constitutional right he violated was not “‘clearly established’ at the time of [his] alleged misconduct.”

    Cited 123 timesPublished
  • Stone v. Peacock

    968 F.2d 1163 · Court of Appeals for the Eleventh Circuit · Aug 17, 1992

    Qualified immunity is an affirmative defense which protects public officials acting within the scope of their discretionary authority and under clearly established law from insubstantial lawsuits. Butz v. … The jury was instructed to determine if defendants violated clearly established law.

    Cited 13 timesPublished
  • McKinnon v. Gardner

    Connecticut Appellate Court · Apr 28, 2026

    That qualified immunity “protects government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … “[A] claim for qualified immunity from liability Albert, 50 Conn.

    Cited 0 timesPublished
  • Spooner v. Phoenix

    246 Ariz. 119 · Court of Appeals of Arizona · Nov 27, 2018

    To the extent these actions violate clearly established law or reflect a reckless disregard of Spooner’s rights, they are afforded no protection. … But to the extent Brown’s actions reflect the legitimate exercise of professional judgment, they are discretionary and protected by qualified immunity.

    Cited 24 timesPublished
  • Finch v. Rapp

    38 F.4th 1234 · Court of Appeals for the Tenth Circuit · Jul 5, 2022

    Clearly Established Having found a constitutional violation, the district court correctly denied qualified immunity because Rapp’s action violated clearly established law. … The court affirmed the denial of qualified immunity. In Walker v.

    Cited 37 timesPublished
  • Mario Garcia v. County of Riverside

    817 F.3d 635 · Court of Appeals for the Ninth Circuit · Feb 3, 2016

    Amendment were clearly established. … asserts was “clearly established” at the time of the alleged misconduct.

    Cited 24 timesPublished
  • Todd E. Prater v. John Dahm Harold W. Clarke Aaron Hall Bobby C. Kilgore

    89 F.3d 538 · Court of Appeals for the Eighth Circuit · Jul 17, 1996

    They argue that their actions did not violate Prater’s clearly established constitutional right to protection from inmate attacks, and thus that they are entitled to qualified immunity. II. … As our cases further establish, however, the question of qualified immunity requires more than a determination that a particular right is “clearly established” in the abstract. See Anderson v.

    Cited 125 timesPublished
  • WV Division of Corrections, Scott Patterson and Jason Walton v. P.R.

    West Virginia Supreme Court · Nov 22, 2019

    The parties disagree about whether Policy Directive 332.02 constitutes a “clearly established law” for purposes of defeating qualified immunity. … whether or not a right is clearly established, has resulted in the “conver[sion of] qualified immunity to near absolute immunity,” Rebalancing Harlow: A New Approach to Qualified Immunity in the Fourth Amendment, 68 Chase

    Cited 0 timesPublished
  • James F. Robinson v. Solano County Brian Cauwells, Solano County Sheriff's Deputy Officer Gary Faulkner, Solano County Sheriff's Deputy Officer

    278 F.3d 1007 · Court of Appeals for the Ninth Circuit · Feb 4, 2002

    established in this circuit in 1995 to override the officers’ claim of qualified immunity. … Conclusion We hold that Officers Cauwells and Faulkner were entitled to qualified immunity on the federal excessive force claim because the Fourth Amendment law gov *1017 erning their conduct was not clearly established at

    Cited 257 timesPublished
  • Romero v. Kitsap County

    931 F.2d 624 · Court of Appeals for the Ninth Circuit · May 1, 1991

    However, when qualified immunity is at stake, a court must first determine whether the law has been clearly established. Tribble, 860 F.2d at 324 . … By extension, the qualified immunity defense extends to conduct that does not violate clearly established statutory, constitutional, or treaty-based rights 6 The Fourth Circuit observes: Often trial can yet be avoided if

    Cited 81 timesPublished
  • Peavy v. Dallas Independent School District

    57 F. Supp. 2d 382 · District Court, N.D. Texas · Aug 31, 1999

    Qualified Immunity Defendant Kress contends that he is entitled to qualified immunity for the al~ leged violation of the Act and the alleged constitutional violation. … Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue.

    Cited 7 timesPublished
  • Billy Tyler v. Tom Barton and Frank O. Gunter

    901 F.2d 689 · Court of Appeals for the Eighth Circuit · Apr 26, 1990

    An exception exists, however, where a court denies summary judgment on the issue of qualified immunity because qualified immunity provides “immunity from suit rather than a mere defense to liability.” … Thus, we conclude that Barton and Gunter did not violate any clearly established constitutional right. Accordingly, the doctrine of qualified immunity applies to Barton and Gunter. III.

    Cited 8 timesPublished

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