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  • Venegas v. County of Los Angeles

    11 Cal. Rptr. 3d 692 · California Supreme Court · Apr 5, 2004

    A rule of qualified immunity shields a public officer from an action for damages under section 1983 unless the officer has violated a “clearly established” constitutional right. (Saucier, supra, 533 U.S. at p. 201.) … The high court explained that “[i]f the law did not put the officer on notice that his- conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” (Ibid.)

    Cited 164 timesPublished
  • Pauly Ex Rel. Estate of Pauly v. White

    814 F.3d 1060 · Court of Appeals for the Tenth Circuit · Feb 9, 2016

    They all argued they were entitled to qualified immunity because plaintiff estate could not show Samuel’s claimed Fourth Amendment rights were clearly established or violated, and in any event their actions were objectively … “When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established

    Vacated by White v. Pauly, 196 L. Ed. 2d 463 (2017)Cited 23 timesPublished
  • Halcomb v. Washington Metropolitan Area Transit Authority

    526 F. Supp. 2d 20 · District Court, District of Columbia · Nov 14, 2007

    If so, the Court then must inquire whether the right allegedly violated was “clearly established” — that is, whether “ ‘the contours of the right [were] sufficiently clear that [an objectively] reasonable officer would understand … violated established law.

    Cited 21 timesPublished
  • Bailey v. Iles

    87 F.4th 275 · Court of Appeals for the Fifth Circuit · Nov 21, 2023

    However, “[a] qualified immunity defense alters the usual summary judgment burden of proof” because the plaintiff, to overcome qualified immunity, “must rebut the defense by establishing a genuine [dispute of material … An officer is entitled to qualified immunity “if there is no violation, or if the conduct did not violate law clearly established at the time.” Id.

    Cited 14 timesPublished
  • Duffey v. Bryant

    950 F. Supp. 1168 · District Court, M.D. Georgia · Jan 6, 1997

    Previous cases clearly established that the failure of Duke and Hop-son to do so was deliberate indifference. Accordingly, they are not entitled to qualified immunity. 15 3. … For two examples of cases that found the "clearly established” requirement satisfied and denied qualified immunity without citing a previous case with similar facts, see Powell v. M.C.

    Cited 7 timesPublished
  • Wesby v. District of Columbia

    841 F. Supp. 2d 20 · District Court, District of Columbia · Jan 18, 2012

    When determining whether a given constitutional right was “clearly established” for the purposes of establishing qualified immunity, “we look to cases from the Supreme Court and [the United States Court of Appeals … However, “[i]f the law was clearly established, the [qualified] immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.”

    Cited 19 timesPublished
  • T.R. v. Lamar County Board of Education, The

    25 F.4th 877 · Court of Appeals for the Eleventh Circuit · Feb 4, 2022

    “A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistin- guishable facts clearly establishing the constitutional right; (2) a broad statement of principle within … Since the Defendants’ actions violated a clearly established constitutional right, we conclude that the Defendants are not enti- tled to qualified immunity.

    Cited 19 timesPublished
  • Gene Flinn v. Elaine Gordon, Dexter Lehtinen

    775 F.2d 1551 · Court of Appeals for the Eleventh Circuit · Nov 15, 1985

    Once this is established, the official is immune from liability unless the plaintiff can “prove that the defendant’s actions violated clearly established constitutional law.” Id. … Since Flinn cannot show the loss of any federal right, much less the loss of a “clearly established” right, he has failed to overcome Gordon’s qualified immunity.

    Cited 44 timesPublished
  • Giebel v. Sylvester

    244 F.3d 1182 · Court of Appeals for the Ninth Circuit · Apr 12, 2001

    was not clearly established at the time of Sylvester’s actions. … not entitled to qualified immunity.

    Cited 35 timesPublished
  • Watkins v. Mitchem

    50 So. 3d 485 · Court of Civil Appeals of Alabama · May 7, 2010

    “An official is entitled to qualified immunity if he is performing discretionary functions and his actions do ‘ “not violate clearly established statutory or constitutional rights of which a reasonable person would have known … ’] complaint fails to allege a violation of a clearly established constitutional right.

    Cited 6 timesPublished
  • CYBER ZONE E-CAFE, INC. v. King

    782 F. Supp. 2d 1331 · District Court, M.D. Florida · Mar 22, 2011

    “Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Because the law was not clearly established in April 2010 that the Plaintiffs’ arrest and seizure was unlawful, Defendant King is entitled to qualified immunity, and all claims against him in his individual capacity shall

    Cited 1 timesPublished
  • Mathis v. Bess

    763 F. Supp. 58 · District Court, S.D. New York · May 14, 1991

    The doctrine of qualified immunity protects government officials sued in their personal capacities from liability for discretionary acts provided their conduct did not violate any “clearly established” federal statutory or … Benjamin, a single unpublished decision of a lower court, “clearly established” the law of this circuit for purposes of qualified immunity. See Hawkins v. Steingut, 829 F.2d 317, 321 (2d Cir.1987).

    Modified on other grounds by Mathis v. Bess, 767 F. Supp. 558 (1991)Cited 3 timesPublished
  • Lucas v. Parish of Jefferson

    999 F. Supp. 839 · District Court, E.D. Louisiana · Mar 31, 1998

    Qualified immunity protects an official from liability unless the official violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Reynolds violated the Lucases clearly established rights in moving to revoke their probation.

    Cited 5 timesPublished
  • López-Ramos v. Municipality of Cataño

    556 F. Supp. 2d 59 · District Court, D. Puerto Rico · Feb 21, 2008

    The sec ond inquiry is whether the law was clearly established at the time of the violation. See Savard, 338 F.3d at 27 . … Rather, it makes the blanket and general assertion that its officers are entitled to immunity because their conduct did not violate any clearly established constitutional rights. 1.

    Cited 1 timesPublished
  • Johnson v. Boreani

    946 F.2d 67 · Court of Appeals for the Eighth Circuit · Sep 26, 1991

    Government officials who are sued for damages under § 1983 for their performance of discretionary functions are entitled to a qualified immunity defense if they prove that their conduct “does not violate clearly established … Because in most cases it is easier for a § 1983 defendant to establish qualified immunity than to defend against the alleged constitutional violation, and because our remand had expressly left the qualified immunity issue

    Cited 29 timesPublished
  • Brown & Gay Engineering, Inc. v. Zuleima Olivares, Individually and as the Representative of the Estate of Pedro Olivares, Jr., & Pedro Olivares

    58 Tex. Sup. Ct. J. 678 · Texas Supreme Court · Apr 24, 2015

    Brown & Gay’s reliance on Filar-sky's qualified-immunity analysis is misplaced. … The federal doctrine of qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

    Cited 143 timesPublished
  • Wertenbroch v. Hardeman

    Court of Appeals for the Fifth Circuit · Jun 3, 2026

    Typically, qualified immunity hinges on “whether the federal right allegedly infringed was ‘clearly established.’” Behrens v. Pelletier, 516 U.S. 299, 313 (1996) (citation omitted). … But the magistrate judge never analyzed whether Plaintiffs rights were clearly established. Nor did he affirmatively conclude that he was denying qualified immunity to Hardeman.

    Cited 0 timesPublished
  • Baggerly v. CSX Transportation, Inc.

    370 S.C. 362 · Supreme Court of South Carolina · Aug 28, 2006

    Causation-in-fact is proved by establishing the injury would not have occurred “but for” the defendant’s negligence, and legal cause is proved by establishing foreseeability. Id. … or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify.”

    Cited 51 timesPublished
  • Reed v. Taylor

    923 F.3d 411 · Court of Appeals for the Fifth Circuit · May 2, 2019

    The district court granted summary judgment to the officials based on qualified immunity, holding that the threat of criminal prosecution wasn't "other legal process" under clearly established law. Reed appealed. … "The doctrine of qualified immunity shields officials from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'

    Cited 38 timesPublished
  • Alex LL. v. Department of Social Services

    60 A.D.3d 199 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2009

    Qualified immunity protects government officials from liability for damages when performing discretionary duties “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … “The qualified immunity standard gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law.

    Cited 11 timesPublished

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