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  • Thomas L. Feathers Kathleen Feathers v. William Aey J.P. Donohue, City of Akron

    319 F.3d 843 · Court of Appeals for the Sixth Circuit · Feb 13, 2003

    The district court refused to grant the officers qualified immunity, ruling that the officers violated Thomas Feathers’s (“Feathers”) clearly established rights to *846 be free from an unreasonable seizure and to be free … Federal appellate courts have jurisdiction to hear interlocutory appeals concerning “the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Mattox v.

    Cited 311 timesPublished
  • Rodriguez v. Phillips

    66 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 timesPublished
  • Rosenfeld v. Clark

    586 F. Supp. 1332 · District Court, D. Vermont · May 11, 1984

    We are aware of no clearly established due process rights which required the Board to act more quickly than it did, no decision which clearly states that a sixty day or even a ninety day appeal process in a situation such … Where there has been no violation of a clearly established right, defendants are entitled to qualified immunity and plaintiffs claim for damages must be dismissed.

    Cited 4 timesPublished
  • United States v. Allebach

    526 F.3d 385 · Court of Appeals for the Eighth Circuit · May 21, 2008

    Motion to Suppress Allebach moved to suppress the fruits of the search of his residence, arguing that the trash contents were insufficient to establish probable cause. … We find the district court did not clearly err in determining Allebach’s possession of crack cocaine was part of the same course of conduct as his possession with intent to manufacture crack cocaine.

    Declined to follow by United States v. Jimmy Abernathy, 843 F.3d 243 (2016)Cited 32 timesPublished
  • Browne v. County of Tehama

    213 Cal. App. 4th 704 · California Court of Appeal · Feb 6, 2013

    such intention is made clearly to appear either by express declaration or by necessary implication.’ … The Ordinance is clearly not a ban. 11 Simply put, the Ordinance does not prohibit the cultivation of medical marijuana by qualified patients.

    Cited 59 timesPublished
  • Air Wisconsin Airlines Corp. v. Hoeper

    320 P.3d 830 · Supreme Court of Colorado · Mar 19, 2012

    Qualified immunity is based upon a conception that "where [a public] official's duties legitimately require action in which clearly established rights are not implicated, the public interest may be better served by action … Federal qualified immunity is therefore immunity from suit, rather than merely a defense to liability. Id.

    Reversed on other grounds by Air Wisconsin Airlines Corp. v. Hoeper, 134 S. Ct. 852 (2014)Cited 13 timesPublished
  • Brandon v. Lotter

    976 F. Supp. 872 · District Court, D. Nebraska · Sep 2, 1997

    did not violate clearly established law. … This being the case, Laux did not violate clearly established law when he failed to immediately arrest Lotter and Nissen or take some other related action, and he is entitled to qualified immunity as a result.

    Cited 3 timesPublished
  • Zaher Zahrey v. Martin E. Coffey

    221 F.3d 342 · Court of Appeals for the Second Circuit · Jul 20, 2000

    not clearly established in 1996. … Anderson instructs, however, that for a right to be clearly established for purposes of a qualified immunity defense, the precise conduct at issue need not previously have been ruled unlawful.

    Cited 280 timesPublished
  • DiLoreto v. Borough of Oaklyn

    744 F. Supp. 610 · District Court, D. New Jersey · Aug 21, 1990

    clearly established right). … As was noted in the discussion of qualified immunity, it was clearly established that a search will be considered a violation of the fourth amendment if it is unreasonable. Bell v.

    Cited 17 timesPublished
  • Flores v. City of Palacios

    270 F. Supp. 2d 865 · District Court, S.D. Texas · May 30, 2003

    The Court first determines whether the plaintiff has alleged a violation of a clearly established constitutional right. If not, the defendant is entitled to qualified immunity. … Because Flores has alleged violations of clearly established law, the Court moves to the next step in the qualified immunity analysis: judging the reasonableness of the alleged behavior. See Hayter, 154 F.3d at 274 .

    Cited 1 timesPublished
  • Goodman v. Town of Golden Beach

    988 F. Supp. 1450 · District Court, S.D. Florida · Oct 8, 1997

    of that clearly-established law. … Goodman was unnecessary and excessive, the officers are entitled to qualified immunity unless it was clearly established that the amount of force used was unlawful.

    Cited 4 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
  • Hunter 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 timesUnknown
  • Atwater v. Tucker

    343 Ga. App. 301 · Court of Appeals of Georgia · Oct 24, 2017

    The test for determining whether a defendant is protected from suit by the doctrine of qualified immunity is the objective reasonableness of the defendant's conduct as measured by reference to clearly established law[; in … App. 165 , 167 (1), 480 S.E.2d 217 (1996) (citation and punctuation omitted). *306 For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such

    Cited 3 timesPublished
  • Bingham v. City of Manhattan Beach

    329 F.3d 723 · Court of Appeals for the Ninth Circuit · May 19, 2003

    He posits a novel twist to the “clearly established” inquiry, contending that because it is not clearly established that damages may be obtained under § 1983 for an unlawful traffic stop, qualified immunity should apply. … Rather, in determining whether qualified immunity is available, those cases merely inquire whether the right at issue was clearly established in law.

    Cited 14 timesPublished
  • Jensen v. Jessamy

    242 N.C. App. 384 · Court of Appeals of North Carolina · Jul 21, 2015

    "The defense of qualified immunity shields government officials from personal liability under § 1983 insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … "In ruling on the defense of qualified immunity we must: (1) identify the specific right allegedly violated; (2) determine whether the right allegedly violated was clearly established at the time of the violation; and (3)

    Cited 1 timesPublished
  • Gregory Samples v. Harris County

    900 F.3d 655 · Court of Appeals for the Fifth Circuit · Aug 17, 2018

    Our legal inquiry into the availability of qualified immunity fits into a two-step framework. … marshal caselaw asserting to resolve the question of clearly established law.

    Cited 27 timesPublished
  • Opinion No.

    Arkansas Attorney General Reports · Jan 7, 1993

    The court framed the qualified immunity issue as being "whether minor school children suspected of being victims of child abuse had, [at the relevant time] a clearly established right to be free from questioning and visual … The court found no such clearly established right, and found, therefore that the defendants were entitled to qualified immunity and were therefore not liable.

    Cited 0 timesPublished
  • Raspardo v. Carlone

    770 F.3d 97 · Court of Appeals for the Second Circuit · Oct 6, 2014

    [and] [t]he second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” … established rights,” precluding a grant of qualified immunity. 85 F.3d at 67 .

    Questioned by Kisembo v. NYS Office of Children & Family Servs., 285 F. Supp. 3d 509 (2018)Cited 434 timesPublished
  • Alonzo Johnson v. Claude Finn

    665 F.3d 1063 · Court of Appeals for the Ninth Circuit · Dec 8, 2011

    FINN 20857 sonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). … [2] The only remaining question is whether the federal law that the Court of Appeal failed to apply reasonably was clearly established by the Supreme Court at the time of the Court of Appeal’s decision, as AEDPA requires

    Cited 43 timesPublished

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