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843 F. Supp. 1186 · District Court, W.D. Michigan · Feb 10, 1994
They are shielded by qualified immunity. … Because the asserted right was found not to have been clearly established, the Gawloski court held the defendants were protected by qualified immunity.
Cited 10 timesPublished607 F.3d 655 · Court of Appeals for the Tenth Circuit · Jun 4, 2010
Far from showing that Agent Durastanti violated clearly established law, Ryder suggests that Agent Durastanti’s actions comported with clearly established law. … Moreover, we have explained that even if the video does not conclusively establish the speed of the Lincoln, qualified immunity is warranted. Given Mr.
Cited 205 timesPublishedCharles McManemy v. Bruce Tierney
970 F.3d 1034 · Court of Appeals for the Eighth Circuit · Aug 17, 2020
In an appeal from a summary-judgment ruling on qualified immunity, we typically credit the plaintiff’s version of the facts. See id. at 378. … See Blazek, 761 F.3d at 925 (holding that jerking a non-resisting suspect from the floor to his bed after he was handcuffed and posed no threat violated clearly established law); Krout, 583 F.3d at 566 (“It was clearly established
Cited 72 timesPublished139 F. Supp. 2d 575 · District Court, D. Vermont · Mar 14, 2001
Qualified immunity as to federal claims Movants’ second argument, that they are entitled to qualified immunity because Hutchins’ rights were not clearly established, is similarly without merit. 11 “The doctrine of qualified … “Without a doubt, the right not to be arrested without probable cause is clearly established” for purposes of the doctrine of qualified immunity.
Cited 2 timesPublished66 F.3d 470 · Court of Appeals for the Second Circuit · Sep 15, 1995
Moreover, defendants' actions at that time must have been objectively unreasonable in light of clearly established federal law; otherwise, those actors are entitled to qualified immunity. … Summary judgment is particularly appropriate when the qualified immunity defense is based on a showing that an asserted right was not clearly established since the inquiry as to whether a right was or was not clearly established
Questioned by Arce v. Walker, 139 F.3d 329 (1998)Cited 98 timesPublishedIn Re City of Philadelphia Litigation
158 F.3d 711 · Court of Appeals for the Third Circuit · Sep 9, 1998
We disagree with both contentions. 33 It is axiomatic that the qualified immunity inquiry focuses on whether an official's conduct violated clearly established constitutional rights of which a reasonable person would have … were clearly established at the time of the official's conduct.
Cited 162 timesPublished244 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 timesPublishedHunter v. Illinois Department of Corrections
District Court, S.D. Illinois · Sep 28, 2023
Meeks is not entitled to qualified immunity. See Pearson v. … clearly established at the time of the defendant’s misconduct).
Cited 0 timesUnknown57 F. Supp. 3d 599 · District Court, E.D. Virginia · Nov 5, 2014
DISCUSSION “Qualified immunity protects government officials who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v. … Greene, 593 F.3d 348, 358 (4th Cir.2010). *607 “The Supreme Court has cautioned against interpreting clearly established law too generally for féar of allowing plaintiffs ‘to convert the rule of qualified immunity ... into
Cited 4 timesPublished983 F.2d 1024 · Court of Appeals for the Eleventh Circuit · Feb 18, 1993
clearly established law.” … It is well established that the doctrine of qualified immunity protects government officials from civil damages liability as long as the officials could reasonably believe that their conduct did not violate clearly established
Cited 87 timesPublishedTexas Court of Appeals, 13th District · Nov 6, 2025
Applicable Law BPUB is an entity created by the City of Brownsville, and as a political subdivision of the State, is generally immune from suit unless immunity has been clearly and unambiguously waived by the legislature … The “TCHRA ‘clearly and unambiguously waives immunity’ for claims against governmental entities like [BPUB].” United Indep. Sch. Dist. v. Mayers, 665 S.W.3d 775, 781 (Tex. App.—San Antonio 2023, no pet.)
Cited 0 timesPublished50 F. Supp. 2d 353 · District Court, D. New Jersey · May 26, 1999
Once a defendant raises the defense of qualified immunity, it is the plaintiffs burden to delineate the constitutional right that was violated and show that it was clearly established at the time of the conduct at issue. … Parenthetically, in a qualified immunity analysis, defining the constitutional right at issue is critical in assessing whether or not that right was clearly established.
Cited 8 timesPublishedPeople Ex Rel. Feuer v. Progressive Horizon, Inc.
248 Cal. App. 4th 533 · California Court of Appeal · May 31, 2016
Proposition D bans medical marijuana businesses, but grants certain qualifying businesses a limited immunity from enforcement of the ordinance. … As set forth in the Declarations attached to these moving papers, Progressive has resolved the LiveScan issue and now fully qualifies for limited immunity.
Cited 8 timesPublished299 F. Supp. 3d 686 · District Court, E.D. Pennsylvania · Mar 6, 2018
established. 107 The failure of either prong will result in the official being entitled to qualified immunity. 108 Here, Plaintiff has not shown that he had a clearly established right to be removed from the SHU within the … was clearly established.
Cited 5 timesPublishedDistrict Court, N.D. California · Jul 3, 2024
No. 32 at 26-27. 12 The defense of qualified immunity protects “government officials . . . from liability 13 for civil damages insofar as their conduct does not violate clearly established statutory or 14 … U.S. at 194); Henry A., 678 F.3d at 1000 (qualified immunity analysis 11 requiring (1) determining the contours of the clearly established right at the time of the 12 challenged conduct and (2) examining whether a
Cited 0 timesUnknownDiStiso ex rel. DiStiso v. Cook
691 F.3d 226 · Court of Appeals for the Second Circuit · Aug 21, 2012
The Qualified Immunity Defense Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … immunity because no such rule of law was clearly established at times relevant to plaintiffs claim.
Cited 340 timesPublishedSean Smith v. Peter Gilchrist, III
749 F.3d 302 · Court of Appeals for the Fourth Circuit · May 14, 2014
(explaining that to survive a qualified-immunity claim, a plaintiff must demonstrate the “violation . . . of a clearly established right of which a reasonable person would have known” (internal … Kennedy, 349 F.3d 731, 742 n.6 (4th Cir. 2003) (holding that when officers violated rights that were clearly established, officers were not entitled to public officers’ immunity from North
Cited 75 timesPublished97 F.3d 1536 · Court of Appeals for the Sixth Circuit · Oct 21, 1996
We also conclude that this proposition is clearly established. … We recognize that our citation to unpublished cases, especially in the qualified immunity context, where the key inquiry is whether a principle of law is clearly established, may be perceived as problematic.
Cited 119 timesPublished763 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 timesPublished109 F.3d 614 · Court of Appeals for the Ninth Circuit · Mar 25, 1997
To determine whether an official is entitled to qualified immunity, we conduct a two-part analysis: (1) We consider whether the law governing the official’s conduct was clearly established. … Therefore, an official is denied qualified immunity only if the law was clearly established and a reasonable official could not have believed the conduct was lawful.
Abrogated on other grounds by Byrd v. Maricopa County Sheriff's Department, 629 F.3d 1135 (2011)Cited 148 timesPublished
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