Case law
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677 F.3d 656 · Court of Appeals for the Fourth Circuit · Apr 26, 2012
established law and therefore has no immunity"). … Accordingly, the second step in our qualified immunity analysis — whether the Fourth Amendment right was clearly established — must also be resolved in favor of Merchant.
Cited 57 timesPublished644 F.3d 297 · Court of Appeals for the Fifth Circuit · Jun 17, 2011
B The doctrine of qualified immunity protects public officials from liability for civil, damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … ; and (2) whether the right at issue was “clearly established” at the time of the defendant’s alleged misconduct. 3 Id. at 815-16 (citing Saucier v.
Cited 47 timesPublishedCourt of Appeals for the Tenth Circuit · Oct 27, 2015
The district court dismissed on the ground that the State Defendants were entitled to qualified immunity. See Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (“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
Cited 0 timesUnpublishedHalley ex rel. J.H. v. Oklahoma ex rel. Oklahoma State Department of Human Services
176 F. Supp. 3d 1268 · District Court, E.D. Oklahoma · Mar 31, 2016
“The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights … This law was clearly established by 2014. See, e.g., Estate of B.I.C. v.
Cited 2 timesPublishedSelwyn Vanderpool v. West Virginia DHHR
West Virginia Supreme Court · May 26, 2020
In Crouch, the Court examined whether internal DHHR policy violations rose to the level of being violations of a clearly established right. … Stanley is entitled to qualified immunity based on W. Va.
Cited 0 timesPublished403 F.3d 598 · Court of Appeals for the Eighth Circuit · Apr 12, 2005
Pomeroy, 387 F.3d 949 , 954 (8th Cir.2004). 5 Qualified immunity shields government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … in qualified immunity cases is limited.
Overruled in part, on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009)Cited 36 timesPublished123 F.3d 75 · Court of Appeals for the Second Circuit · Aug 18, 1997
It held that, for purposes of qualified immunity, it was clearly established at the time that strip searches of prison visitors could be made only when based upon reasonable suspicion. Varrone v. … The law was "clearly established" if the circuit's decisions "clearly foreshadow" a particular ruling on the issue. Id. Decisions of other circuits also may indicate whether the law was clearly established. See Weber v.
Cited 55 timesPublishedDistrict Court, E.D. Michigan · Oct 19, 2020
Fitzgerald, 457 U.S. 800, 818 (1982) (finding that government officials sued in their individual capacity are entitled to seek qualified immunity unless their actions violated "clearly established statutory or … clearly established law.
Cited 0 timesUnknown70 F.3d 1095 · Court of Appeals for the Ninth Circuit · Nov 30, 1995
were not in dispute. 10 Once a law enforcement officer asserts qualified immunity, "the district court must determine whether, in light of clearly established principles governing the conduct in question, the officer objectively … that the law was clearly established, Doody was nonetheless entitled to qualified immunity because "a reasonable dam safety engineering official, similarly situated, could have believed breaching the dam was lawful."
Cited 3 timesPublishedArthur Mitchell v. City of Naples
895 F.3d 365 · Court of Appeals for the Fifth Circuit · Jul 10, 2018
“Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law.” … Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or 4 Case: 17-40737 Document: 00514548130
Cited 37 timesPublished520 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Mar 18, 2008
However, the “clearly established” prong of the qualified immunity analysis asks the question “in light of the specific context of the case, not as a broad general proposition.” … Because pre-existing law did not provide fair warning to Appellees that demoting Rioux under these circumstances would violate clearly established federal law, Ap-pellees are entitled to qualified immunity. III.
Overruled in part, on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009)Cited 376 timesPublishedCynthia Bloch and Thomas Bloch v. Sheriff L. John Ribar
156 F.3d 673 · Court of Appeals for the Sixth Circuit · Sep 21, 1998
On appeal, the Blochs claim that the district court erred by granting qualified immunity to Ribar. They argue that the right to criticize a public official is a clearly established right under the First Amendment. … defense of qualified immunity.”
Cited 573 timesPublished405 F.3d 652 · Court of Appeals for the Eighth Circuit · May 2, 2005
The trial court also denied the Appellants qualified immunity. 3 On appeal, the Appellants argue they are entitled to qualified immunity because the decision to demote Powell was reasonable in light of clearly established … Rainey is therefore entitled to qualified immunity, because doing nothing wrong is not a violation of clearly established law.
Cited 4 timesPublished267 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Oct 2, 2001
Qualified immunity protects government officials acting within their discretionary functions from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) ("'clearly established’ ” for purposes of qualified immunity does not mean that " 'an official action is protected by qualified immunity unless the very action
Cited 7 timesPublished913 F. Supp. 2d 313 · District Court, E.D. Kentucky · Dec 18, 2012
Defendant is also entitled to qualified immunity because her actions were ob *324 jectively reasonable in light of clearly established law. … However, the Court also recognized that this rule was not clearly established after Hartman and, therefore, the officer-petitioner was entitled to qualified immunity.
Cited 2 timesPublishedRodriguez Vazquez v. Lopez-Martinez
253 F. Supp. 2d 164 · District Court, D. Puerto Rico · Feb 21, 2003
The Defendants raised the issue of their qualified immunity in the Answer to the Complaint (affirmative defense). 2. The Defendants had the burden to prove their affirmative defense of qualified immunity. 3. … The law on politically motivated terminations is clearly established. 6.
Cited 2 timesPublishedGarrett Brock Trapnell v. George Ralston J.A. O'Brien Joseph Petrowkey and A.W. Bayles
819 F.2d 182 · Court of Appeals for the Eighth Circuit · May 18, 1987
On the other hand, if a defendant’s conduct 1 violated clearly established constitutional or statutory rights of which a reasonable person would have known, the defendant is not shielded by qualified immunity. … Accordingly, appellants are shielded by qualified immunity from the burden of defending appellee’s procedural due process claim.
Cited 13 timesPublishedNational Rifle Association of America v. Maria T. Vullo
49 F.4th 700 · Court of Appeals for the Second Circuit · Sep 22, 2022
Qualified Immunity Qualified immunity shields government officials performing discretionary functions from suits for money damages unless their conduct violates clearly established law of which a reasonable … Was the Law Clearly Established?
Cited 24 timesPublished850 F.3d 335 · Court of Appeals for the Seventh Circuit · Mar 7, 2017
“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.’ … ” the Supreme Court has rejected in the qualified immunity context.
Cited 512 timesPublished519 F. App'x 39 · Court of Appeals for the Second Circuit · Jun 4, 2013
Arguing that they were entitled to qualified immunity on the ground that the law was not clearly established at the time of their challenged conduct, defendants moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). … The district court denied the motions, ruling that plaintiffs’ rights became clearly established when this Court decided Earley v.
Cited 12 timesPublished
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