Case law
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65 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 timesPublished131 F.4th 677 · Court of Appeals for the Ninth Circuit · Mar 10, 2025
The Administrators were not entitled to qualified immunity because it was clearly established at the time that a professor has a right to * This summary constitutes no part of the opinion of the court. … Because “it is not possible to determine at this stage as a matter of law that [Jensen] has not alleged a violation of clearly established law,” the Administrators are not entitled to qualified immunity at the pleading stage
Cited 31 timesPublished665 So. 2d 254 · District Court of Appeal of Florida · Nov 3, 1995
The next inquiry is whether the law allegedly violated was clearly established at the time of *259 the incident. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. Harlow v.
Cited 5 timesPublishedJoseph D. Leeks v. Lowell K. Cunningham, Mr. Carson P. Bass Joseph A. Kemper M. Press
997 F.2d 1330 · Court of Appeals for the Eleventh Circuit · May 18, 1993
The Tenth Circuit affirmed the-denial of qualified immunity, finding that as of 1980 it was “unequivocal” that the law as to the forced medication of a pretrial detainee was clearly established. Id. at 688 . … Thus, in assessing appellant’s qualified immunity claim, our concern is whether statutory or case law existed in July 1989 to clearly establish that a county jail pretrial detainee had a right under the Due Process Clause
Cited 28 timesPublished916 S.W.2d 618 · Court of Appeals of Texas · Mar 14, 1996
Fairfield filed an original answer asserting his affirmative defense of qualified or official immunity. … The City argues that the establishment of Fairfield’s qualified immunity protects the City from liability that may exist under section 101.021(2) of the Texas Tort Claims Act, which provides governmental liability for “personal
Cited 10 timesPublishedHarvey v. Republic Services of Ohio II, 2007 Ca 00278 (3-23-2009)
2009 Ohio 1343 · Ohio Court of Appeals · Mar 23, 2009
QUALIFIED IMMUNITY. {¶ 21} "VI. … immunity if their conduct does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known."
Cited 5 timesPublished52 F.4th 265 · Court of Appeals for the Fifth Circuit · Oct 31, 2022
III Cornelius and Sweetin argue that we should reverse the district court and grant them qualified immunity. … Clearly Established Right Next, we address, taking the facts in the light most favorable to Byrd, whether the officers violated clearly established law when they allegedly used excessive force to arrest a
Cited 18 timesPublished786 F.3d 332 · Court of Appeals for the Fourth Circuit · May 19, 2015
As the parties agree, the law clearly established at the time of the extraction governs the entitlement to qualified immunity here. Further, they agree that Norman v. … summary judgment on the basis of qualified immunity would be entirely unreviewable if the defendant officers conceded that Ussery’s version of the facts would establish that the officers violated clearly established law.
Cited 26 timesPublishedChristina Romero v. Amanda Brown
937 F.3d 514 · Court of Appeals for the Fifth Circuit · Aug 29, 2019
The court held that a violation of the right to family integrity was not clearly established in the context of a social worker investigation, entitling both Brown and Mouton to qualified immunity. … Those allegations do not establish that the officers violated clearly established law.
Cited 26 timesPublished925 F.2d 844 · Court of Appeals for the Fifth Circuit · Mar 8, 1991
defendant violated clearly established law. … to qualified immunity.
Cited 129 timesPublished103 F.4th 363 · Court of Appeals for the Fifth Circuit · May 30, 2024
The doctrine of qualified immunity “shields public officials sued in their individual capacities ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … As noted above, once an official asserts the defense of qualified immunity, the plaintiff must show that “(1) the official violated a statutory or constitutional right, and (2) the right was ‘clearly established’ at the time
Cited 5 timesPublishedUnited States v. Albert Tantalo
680 F.2d 903 · Court of Appeals for the Second Circuit · Jun 3, 1982
Defense counsel urged that since the appellant had provided immunized testimony before the grand jury, the Government was called upon to present evidence to the court to establish not only an independent basis for the indictment … The district court’s ruling which upheld the indictments, without calling upon the government to establish that the evidence it proposed to present at the trial was untainted by the appellant’s immunized testimony, was in
Disagreed with in part by United States v. Adrian Pielago, Maria Varona, 135 F.3d 703 (1998)Cited 52 timesPublishedEast Coast Novelty Co., Inc. v. City of New York
809 F. Supp. 285 · District Court, S.D. New York · Dec 17, 1992
clearly established’ at the time it was taken.” … But, [e]ven where the law is “clearly established” and the scope of an official’s permissible conduct is “clearly defined,” the qualified immunity defense also protects an official if it was “objectively reasonable” for him
Cited 8 timesPublishedTonkovich v. Kansas Board of Regents
159 F.3d 504 · Court of Appeals for the Tenth Circuit · Oct 26, 1998
II, doc. 7 at 679 (Dean Jerry entitled to qualified immunity because his actions did not violate clearly established constitutional rights); see also id. vol. … Pages and pages of facts are no substitute for citations to clearly established law. Nor can they meet Professor Tonkovich’s burden on qualified immunity.
Cited 22 timesPublished17 F. Supp. 2d 840 · District Court, W.D. Arkansas · Jun 10, 1998
A court must measure the objective reasonableness of a Defendant’s conduct by reference to clearly established law. “No other ‘circumstances’ are relevant to the issue of qualified immunity.” Davis v. … that were ‘clearly established’ at the time it was taken.”
Cited 3 timesPublishedDemster v. City of Lenexa, Kan.
359 F. Supp. 2d 1182 · District Court, D. Kansas · Mar 16, 2005
The court dismissed this claim after finding that defendants were shielded by qualified immunity. … Once a defendant asserts a qualified immunity defense, the court employs a two-part test.
Cited 5 timesPublishedSkatemore, Inc. v. Gretchen Whitmer
40 F.4th 727 · Court of Appeals for the Sixth Circuit · Jul 19, 2022
The doctrine of qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Assuming Plaintiffs alleged an unconstitutional taking, they have failed to show that the alleged constitutional violation was clearly established.5 The Supreme Court has cautioned courts “not to define clearly established
Cited 69 timesPublished577 F.3d 60 · Court of Appeals for the Second Circuit · Aug 11, 2009
We hold that all requested relief, other than damages, is moot and that appellee is entitled to qualified immunity from damages because there was no clearly established right under the First Amendment to receive campaign … We also hold that appellee Richard Blumenthal is entitled to qualified immunity from Dean’s claim for damages because there was no clearly established right under the First Amendment to receive campaign contributions during
Cited 63 timesPublishedPatrick Stockdale v. Kim Helper
979 F.3d 498 · Court of Appeals for the Sixth Circuit · Oct 30, 2020
But because her conduct did not violate any clearly established law, qualified immunity protects her. We affirm in part and reverse in part. I. … Qualified Immunity. That leaves Helper’s qualified immunity defense against Stockdale and Dunning’s § 1983 claim.
Cited 23 timesPublished793 F.2d 166 · Court of Appeals for the Eighth Circuit · Jun 4, 1986
The decisions to inspect without a warrant clearly were functions for which Blair and Massa are not entitled to absolute immunity nor, as we conclude below, were the decisions reasonable under clearly established law. … Our task then will be to determine whether the law in the areas implicated in those claims was clearly established at the time of the actions here at issue and thus whether the state officials’ qualified immunity defenses
Vacated on other grounds by Madewell v. Roberts, 909 F.2d 1203 (1990)Cited 24 timesPublished
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