Case law
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87 F.3d 116 · Court of Appeals for the Fourth Circuit · Jun 26, 1996
The immunity level consists of two sub-issues — whether the law governing the violation was clearly established at the time of the incident, Siegert v. … But it invokes immunity prematurely if the facts indicate no constitutional violation, clearly established or otherwise. . Like Pittman, Graham grounded his claim on multiple provisions of the Constitution.
Cited 30 timesPublished310 F.3d 889 · Court of Appeals for the Sixth Circuit · Nov 8, 2002
Qualified Immunity for the Arrest Mr. … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”
Cited 909 timesPublished419 F.3d 1097 · Court of Appeals for the Tenth Circuit · Aug 16, 2005
The district court found that no clearly established Fourth Amendment right had been violated by ADA Dobbs in the search of Douglas’s prescription records and that qualified immunity applied. … Under the doctrine of qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory
Cited 36 timesPublishedCourt of Appeals for the Tenth Circuit · Aug 4, 2025
To overcome qualified immunity, a right must be clearly established such that “a reasonable official would understand that what he is doing violates that right.” Truman, 1 F.4th at 1235 (citation omitted). … In my view, Deputy DeHerrera’s alleged violation of the Constitution wouldn’t have been clearly established; and the absence of a clearly established violation would trigger qualified immunity.
Cited 0 timesPublished270 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 timesPublishedScott Lee Rudlaff v. Brandon Gillispie
791 F.3d 638 · Court of Appeals for the Sixth Circuit · Jul 1, 2015
Remember that qualified immunity (as we’ve been reminded again and again) is an “exacting standard” that gives officers lots of leeway, requiring their conduct to violate clearly established law to defeat the defense. … Because the officers acted constitutionally — and because even if they didn’t, by all accounts they didn’t clearly act unconstitutionally — they are protected by qualified immunity. We reverse.
Cited 213 timesPublished996 F. Supp. 2d 272 · District Court, D. Vermont · Jan 24, 2014
As long as the conduct was “objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken,” qualified immunity applies. Id. … As explained above, Officer Graham is entitled to qualified immunity because the point at which an officer’s conduct reaches state action in these circumstances has not been clearly established.
Cited 1 timesPublished848 F. Supp. 519 · District Court, D. Delaware · Mar 31, 1994
QUALIFIED IMMUNITY Government officials performing discretionary functions generally are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a … A court must begin its qualified immunity analysis with the determination of whether the plaintiff has alleged a violation of a clearly established constitutional right. Siegert v.
Cited 2 timesPublished150 F. Supp. 3d 178 · District Court, D. Connecticut · Dec 21, 2015
That is because a police officer is entitled to qualified immunity if “(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was objectively … Ozga had no clearly established right not to be temporarily detained as he was in the police car, and it follows that none of the defendants acted objectively unreasonably.
Cited 13 timesPublished258 F. Supp. 3d 842 · District Court, N.D. Ohio · Jun 28, 2017
Qualified Immunity Analysis The defendant officers maintain that qualified immunity protects them from liability for all federal claims asserted against them in their individual capacities. … The qualified immunity doctrine shields government officials performing discretionary actions from civil damages liability if their actions did not violate clearly established statutory or constitutional rights of which a
Cited 10 timesPublishedWilliams v. Franklin County Board of Commissioners
145 Ohio App. 3d 530 · Ohio Court of Appeals · Aug 28, 2001
Under the doctrine of qualified immunity, public officials who perform discretionary functions are generally entitled to immunity from suit in a Section 1983 action as long as their conduct does not violate clearly established … of clearly established law and the information that he possessed.
Cited 7 timesPublishedNorman Knight v. Mark J. Mills, Etc.
836 F.2d 659 · Court of Appeals for the First Circuit · Dec 29, 1987
Before the district court, Mills argued that he was immune from damages due to qualified immunity. … it may be that the particular action is a violation) violates a clearly established right.
Cited 136 timesPublishedBaillargeon v. Drug Enforcement Administration
707 F. Supp. 2d 305 · District Court, D. Rhode Island · Apr 12, 2010
Ashcraft’s Objection In her objection, Ashcraft disputes Judge Almond’s conclusion as to the ‘clearly-established right’ prong of the qualified immunity test. … The Court explained: ‘Clearly established’ for purposes of qualified immunity means that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that
Cited 0 timesPublishedConnelly v. Texas Department of Criminal Justice
484 F.3d 343 · Court of Appeals for the Fifth Circuit · Apr 10, 2007
in light of the clearly established law at the time of the incident. … Conversely, Connelly, in her response to Fant’s motion, pointed to law and facts tending to establish her claim that Fant’s decision to terminate her was objectively unreasonable in light of clearly established law, carrying
Cited 13 timesPublished840 F.2d 876 · Court of Appeals for the Eleventh Circuit · Mar 25, 1988
Since the law on this point was not clearly established at the time Sharp was shot, defendants Coleman and New-some can properly claim a defense of qualified immunity as against the disabling force theory of liability. … Since there is no clearly-established law regarding whether an insane person can be shot during an escape attempt, defendants can appropriately raise a qualified immunity defense. *883 As for the theory that Sharp’s aetion
Cited 62 timesPublished809 F. Supp. 1229 · District Court, S.D. Mississippi · Nov 20, 1992
Consequently, in assessing defendant’s right to qualified immunity, the court must determine “whether any of these claims rests upon such clearly established law that the defendant^ ha[s] forfeited [his] qualified immunity … Raju cannot establish, in order to overcome Dr. Rhodes’ qualified immunity, the violation of a clearly established constitutional right in regard to his substantive due process claim. C.
Cited 8 timesPublished140 F.3d 1378 · Court of Appeals for the Eleventh Circuit · May 13, 1998
A public official is entitled to qualified immunity from a section 1983 damages action if his actions did not violate clearly established law. See Thornton 3 No appeal is taken from this holding. v. … It is clearly established that an arrest made without probable cause violates the Fourth Amendment. See Von Stein v. Brescher, 904 F.2d 572, 579 (11th Cir.1990).
Cited 135 timesPublishedBarbara Bays v. Montmorency Cty., Mich.
874 F.3d 264 · Court of Appeals for the Sixth Circuit · Oct 20, 2017
Because a triable issue of fact remains over whether Sigler violated Shane’s clearly established Fourteenth Amendment right to sufficient treatment for a serious medical problem, we affirm the district court’s qualified- … In a qualified-immunity case, we ask two questions: Did the officer violate the injured party’s constitutional rights? If so, was the right clearly established at the time? Pearson v. Callahan, 555 U.S. 223, 232 (2009).
Cited 28 timesPublishedArlene Martin v. Dana Marriner, Arlene Martin v. Dana Marriner
904 F.2d 120 · Court of Appeals for the First Circuit · Jun 8, 1990
Nonetheless, it held that the FmHA officials were entitled to qualified immunity. 825 F.2d at 1553-54 . … Culbreath, 799 F.2d at 1250 (right to notice of an alternative proceeding to an FmHA liquidation not clearly established).
Cited 5 timesPublishedZaher 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
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