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District Court, D. New Jersey · Aug 4, 2025
Div. 2024). 20 Defendants argue that qualified immunity also bars Plaintiffs’ malicious prosecution claim. … Evanson, 615 F.3d 197, 223 (3d Cir. 2010) (stating that the defendant bears “[t]he burden of establishing entitlement to qualified immunity”). 28 future event . . .
Cited 0 timesUnknown878 F. Supp. 114 · District Court, N.D. Illinois · Feb 23, 1995
As the Seventh Circuit recently reaffirmed, “[p]olice officers who use force are entitled to qualified immunity from suits for damages under 42 U.S.C. § 1983 ‘insofar as their conduct does not violate clearly established … Accordingly, Miller maintains that his conduct did not violate clearly established rights.
Cited 10 timesPublishedCourt of Appeals for the Sixth Circuit · Aug 21, 2018
App’x 479, 484 (6th Cir. 2015) (reviewing a denial of qualified immunity to determine whether a prisoner’s constitutional right was clearly established). … Indisputably, the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes. Kostrzewa v. City of Troy, 247 F.3d 633, 641 (6th Cir. 2001); see also O’Malley v.
Cited 0 timesUnpublished65 F.3d 155 · Court of Appeals for the Eleventh Circuit · Sep 27, 1995
An official sued as an individual is entitled to qualified immunity, and therefore summary judgment, if his conduct "does not violate clearly established statutory or constitutional … Qualified immunity shields Mills against a claim of arrest without probable cause if a "reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting
Cited 114 timesPublishedOklahoma Attorney General Reports · May 10, 1991
A COUNTY MAY NEVERTHELESS ESTABLISH IMMUNITY FROM TORT LIABILITY, IF IT CAN ESTABLISH FACT THAT WOULD ENTITLE IT TO ONE OF SEVERAL EXEMPTION PROVISIONS FOUND WITHIN THE ACT. … FURTHER, IMMUNITY FOR INCORPORATED CASA ORGANIZATIONS COULD ALSO BE MORE CLEARLY CONFERRED BY AMENDING THE RELEVANT PROVISION TO SPECIFICALLY ADDRESS IMMUNITY FROM VICARIOUS LIABILITY FOR THE INCORPORATED ORGANIZATION ITSELF
Cited 0 timesPublished625 F. Supp. 704 · District Court, D. Connecticut · Jan 2, 1986
The term "qualified immunity" has often been used interchangeably with the term “good faith immunity." … The defendants must therefore be immune if their exercise of this discretion did not violate plaintiff’s clearly established constitutional rights. 10 .
Cited 8 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 timesPublished76 F. Supp. 3d 381 · District Court, D. Puerto Rico · Jan 7, 2015
Qualified Immunity Individual-capacity Defendants now request permission from the Court to don the protective armor of qualified immunity. … : that individual-capacity Defendants’ alleged conduct violated a “clearly established” constitutional right.
Cited 3 timesPublished584 F.3d 956 · Court of Appeals for the Tenth Circuit · Oct 26, 2009
clearly established law.” … “Summary judgment based on qualified immunity is appropriate if the law did not put the officer on notice that his conduct would be clearly unlawful.” Id.
Cited 58 timesPublishedDistrict Court, D. Colorado · Aug 3, 2023
Wang’s conclusion that an inmate’s First Amendment right to a diet conforming to his sincerely held religious beliefs was clearly established since at least 2002; in other words, it is clearly established Tenth Circuit … City of Las Cruces, 584 F.3d 888, 895–902 (10th Cir. 2009) (qualified immunity unavailable at summary judgment where the plaintiff’s version of the facts, if believed, would constitute a violation of a clearly established
Cited 0 timesUnknownBloem v. Unknown Department of the Interior Employees
920 F. Supp. 2d 154 · District Court, District of Columbia · Feb 4, 2013
“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 rights of which a reasonable … Herman, 983 F.2d 107, 110 (8th Cir. 1993) (finding a “clearly established liberty interest” for qualified-immunity purposes where trial court had issued order suspending defendant’s prison sentence, and finding it “not
Cited 11 timesPublishedNAACP of San Jose/ Silicon Valley v. City Of San Jose
District Court, N.D. California · Aug 3, 2023
Emmons, 139 S.Ct. 500, 27 503 (2019). 1 district framed the relevant qualified immunity question as “whether it was clearly 2 established that an officer … immunity on the ground that the law is not clearly 16 established every time a novel method is used to inflict injury.”
Cited 0 timesUnknown236 F. Supp. 2d 211 · District Court, N.D. New York · Sep 30, 2002
Qualified Immunity — General Qualified immunity is available only to defendants in their individual capacities and only on that much of the claims seeking monetary damages. Lewis v. … The Court concludes that he is entitled to qualified immunity on this claim.
Cited 28 timesPublishedCourt of Appeals of Mississippi · Feb 22, 2021
“Waiver is a matter of law where the material facts and circumstances are undisputed or clearly established.” Univ. of Miss. Med. Ctr. v. Hampton, 227 So. 3d 1138, 1141 (¶10) (Miss. Ct. App. 2016) (quoting Bott v. … 9 judgment based upon a qualified immunity affirmative defense.
Cited 0 timesPublishedZia Trust Co. Ex Rel. Causey v. Montoya
597 F.3d 1150 · Court of Appeals for the Tenth Circuit · Mar 9, 2010
However, we review -5- summary judgment motions raising qualified immunity differently because “qualified immunity shields government officials . . . from liability for damages … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to
Cited 68 timesPublishedSunn v. City & County of Honolulu
852 F. Supp. 903 · District Court, D. Hawaii · May 19, 1994
have believed that their conduct did not violate clearly established law. … Qualified immunity requires that in light of clearly established principles governing the conduct in question, the officer objectively could have believed his conduct was lawful. Anderson v.
Cited 7 timesPublishedJack McLaurin v. Keith Morton and Roger Marriott
48 F.3d 944 · Court of Appeals for the Sixth Circuit · Mar 3, 1995
qualified immunity question ... … [defendant] actually did commit acts that would violate -a clearly established right, then summary judgment on qualified immunity is improper.” Black, 4 F.3d at 445 .
Cited 26 timesPublishedTasha Williamson v. City of National City
23 F.4th 1146 · Court of Appeals for the Ninth Circuit · Jan 24, 2022
Qualified immunity shields a police officer from liability for civil damages under Section 1983 “unless the officer[] violated a clearly established constitutional right.” Monzon v. … Thus, the qualified-immunity analysis involves two prongs: (1) whether the officer’s conduct violated a constitutional right, and (2) whether that right “was clearly established at the time of the events at issue.” Id.
Cited 60 timesPublished17 F.3d 162 · Court of Appeals for the Sixth Circuit · Feb 22, 1994
To withstand a motion for summary judgment on the ground of qualified immunity, the plaintiff must establish: (1) an alleged violation which implicates clearly established law, and (2) facts sufficient to create a genuine … require action in situations not implicating clearly established rights.
Cited 69 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 timesPublished
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