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90 F. App'x 835 · Court of Appeals for the Sixth Circuit · Jan 27, 2004
Because we conclude as a matter of law that Officer Keith did not violate any clearly-established constitutional rights, we reverse the district court’s judgment denying her qualified immunity. … defendant did acts that violated clearly established rights.”
Cited 3 timesPublished285 F. Supp. 2d 593 · District Court, M.D. Pennsylvania · Sep 30, 2003
Defendants also claim entitlement to qualified immunity on the ground that the violation was not so “clearly established” that prison officials should be expected to avoid it. … Long, 72 F.3d 70, 73-74 (8th Cir.1995) (finding that Muslim inmates had a clearly established right to refrain from handling pork for purposes of a qualified immunity analysis); Kenner v.
Cited 9 timesPublishedKubany v. School Board of Pinellas County
839 F. Supp. 1544 · District Court, M.D. Florida · Nov 20, 1993
QUALIFIED IMMUNITY. … Unless the state of the law was so well established that a reasonable official should have been on notice that his or her chai-' lenged conduct was unlawful, that official is entitled to qualified immunity. -.Id.
Cited 6 timesPublished549 F.3d 1269 · Court of Appeals for the Tenth Circuit · Dec 9, 2008
entitlement to qualified immunity. … Third, he urges that, even if the officers did not have probable cause to arrest, he is protected by qualified immunity’s second prong, because the right of the Arrested Plaintiffs was not clearly established.
Cited 141 timesPublished192 F. Supp. 3d 1310 · District Court, S.D. Florida · Jun 14, 2016
A public official performing a discretionary function enjoys qualified immunity in a civil action for damages if his or her conduct “does not violate clearly established federal statutory or constitutional rights of which … Qualified immunity may be raised in a motion to dismiss. Skrtich v.
Cited 4 timesPublishedNavajo Housing Authority v. Johns
11 Am. Tribal Law 31 · Navajo Nation Supreme Court · Sep 10, 2012
, as Dana clearly intended. … However, the provision was, without doubt, part of the larger statutory scheme that established NHA as a public body.
Cited 5 timesPublishedDistrict Court, E.D. California · Feb 7, 2024
Qualified immunity is a 25 question of law to be decided by the court. … Clearly Established Right 5 Still, qualified immunity applies if the violated 6 constitutional right was not clearly established.
Cited 0 timesUnknown954 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Feb 19, 1992
Good faith qualified immunity is a doctrine that protects government employees from suit for actions that “ ‘legitimately require action in which clearly established rights are not implicated’ ” and the public interest would … Once qualified immunity is asserted by the defendants, the plaintiff must show that the law was clearly established that the defendants’ acts rose to the level of “deliberate indifference.” Edwards, 867 F.2d at 1275 .
Cited 43 timesPublished175 F. Supp. 2d 215 · District Court, D. Connecticut · Apr 19, 2001
Clearly Established Duty Phoenix argues in opposition to Carr’s claim of qualified immunity that he had a duty to intervene to prevent the police officers from violating her fourth amendment rights and that he violated that … Because Carr did not have a clearly established constitutional duty to intervene, he is entitled to qualified immunity.
Cited 11 timesPublishedMichael Thomas Wilson v. Barry A. Kittoe, and Anthony S. Tokach
337 F.3d 392 · Court of Appeals for the Fourth Circuit · Jul 22, 2003
Under the second prong of our qualified immunity analysis, we must determine whether the right alleged to have been violated was a “clearly established ... right[ ] of which a reasonable person would have known.” … For the foregoing reasons, Wilson has alleged the violation of a clearly established Fourth Amendment right. Accordingly, the district court’s denial of qualified immunity is affirmed. AFFIRMED 1 .
Abrogated on other grounds by Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)Cited 147 timesPublished238 F. Supp. 3d 1054 · District Court, N.D. Illinois · Mar 3, 2017
Defeating qualified immunity requires (1) conduct violating the plaintiffs constitutional or statutory rights that is (2) clearly established at the time of the violation such that a “reasonable official would understand … Here, the Individual Defendants claim that, even if there was a violation, it was not clearly established.
Cited 5 timesPublished587 F.3d 983 · Court of Appeals for the Ninth Circuit · Nov 20, 2009
The reasoning behind this departure from the general rule is that qualified immunity is “an immunity from suit rather than a mere defense to liability; ... it is effectively lost if a case is erroneously permitted to go to … at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.”
Cited 3,114 timesPublished666 F. Supp. 634 · District Court, S.D. New York · Aug 20, 1987
The defendants claim that they are entitled to qualified immunity from suit for the conduct alleged in the complaint on the ground that the alleged conduct did not, at the time it occurred, violate clearly established law … Qualified immunity from liability is available to executive officials in their personal capacity only if the conduct at issue was not a clearly established violation of law at the time the conduct occurred, and only with
Cited 2 timesPublishedLatetia Nunley v. Blayne Newton
117 F.4th 1059 · Court of Appeals for the Eighth Circuit · Sep 25, 2024
at issue was clearly established at the time of defendant’s alleged misconduct.” … “[T]o determine whether [Newton] violated clearly established law, we need to know what happened.
Abrogated on other grounds by S.A.A. v. Samantha Geisler, 127 F.4th 1133 (2025)Cited 3 timesPublished720 F. Supp. 687 · District Court, N.D. Illinois · Aug 31, 1989
Qualified Immunity Qualified immunity is a doctrine that protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Furthermore, in summary judgment situations where qualified immunity is at issue, the burden is on the plaintiff to establish the existence of the allegedly “clearly established constitutional right.”
Cited 5 timesPublished838 F.3d 1153 · Court of Appeals for the Eleventh Circuit · Oct 3, 2016
government official; so, qualified immunity applies. … Sauls, 206 F.3d 1156, 1165 (11th Cir. 2000) (“[A] police officer is entitled to qualified immunity if a reasonable police officer could have believed his or her actions were lawful in light of clearly established law and
Cited 29 timesPublished183 F. Supp. 2d 633 · District Court, S.D. New York · Jan 28, 2002
Creighton, to say that the contours of a right must be clearly established “is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful.” 31 … Flaherty still would be entitled to qualified immunity, despite the fact that the alleged conduct violated clearly established law, if it was objectively reasonable for her to believe that her actions did not violate DePace
Cited 18 timesPublishedOlufemi Anthony Lukan v. North Forest Isd, Gloria S. Scott, L v. Brisco
183 F.3d 342 · Court of Appeals for the Fifth Circuit · Sep 27, 1999
First, if the official’s conduct did not violate a clearly established constitutional right, the official is entitled to qualified immunity. See Jones v. Collins, 132 F.3d 1048, 1052 (5th Cir.1998). … Second, even if the official’s conduct violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable. See id.
Cited 38 timesPublished343 F. Supp. 2d 1196 · District Court, S.D. Georgia · May 10, 2004
Joseph therefore can pierce Kimple’s qualified immunity defense by showing that the law was clearly established yet Kimple violated it. … As of 10/8/99 (the day Kimple swore the warrant out), it was clearly established law that a police officer would not be protected by qualified immunity if he applied for an arrest warrant where “a reasonably well-trained
Cited 4 timesPublishedEstate of Rudy Escob v. Brian Marti
702 F.3d 388 · Court of Appeals for the Seventh Circuit · Dec 13, 2012
When analyzing a qualified immunity defense, courts consider whether the facts alleged demonstrate a constitu- tional violation, and whether the constitutional right was clearly established. Pearson v. … The district court granted judgment as a matter of law on qualified immunity grounds to the defendant com- manders on the second prong, finding that Escobedo did not have a clearly established constitutional right to be free
Cited 62 timesPublished
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