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  • Hudson v. Hall

    231 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Nov 9, 2000

    violated clearly established law." … clearly established law.

    Cited 3 timesPublished
  • Woodlock v. Orange Ulster B.O.C.E.S.

    281 F. App'x 66 · Court of Appeals for the Second Circuit · Jun 17, 2008

    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 … “If the right at issue was not clearly established ... then qualified immunity shields the defendant.” Walczyk v. Rio, 496 F.3d 139, 154 (2d Cir.2007).

    Cited 15 timesPublished
  • Alexander v. Newman

    345 F. Supp. 2d 876 · District Court, W.D. Tennessee · Nov 22, 2004

    Qualified Immunity Defendants argue that they are entitled to qualified immunity as to Plaintiffs Fourth Amendment § 1983 claim. … “Government officials are entitled to qualified immunity for discretionary acts that do ‘not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.’ ” Goad,

    Cited 6 timesPublished
  • Belanger v. Blum

    628 F. Supp. 2d 260 · District Court, D. Connecticut · Jun 10, 2009

    Qualified immunity protects the state defendants to the extent that the'ir conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “Law is not ‘clearly established’ for purposes of qualified immunity by district court opinions, but by the decisions of circuit courts or the Supreme Court.” Cipes, 386 F.Supp.2d at 42 .

    Cited 1 timesPublished
  • Hucker v. City of Beaumont

    144 F. Supp. 2d 696 · District Court, E.D. Texas · May 18, 2001

    When a defendant pleads qualified immunity, the court must first determine whether the plaintiff has alleged a clearly established constitutional right. See Sie-gert v. … Qualified immunity is an affirmative defense requiring the defendant to both plead and establish his entitlement to immunity. See Tamez v.

    Cited 9 timesPublished
  • Rebecca Judge v. City of Lowell

    160 F.3d 67 · Court of Appeals for the First Circuit · Nov 18, 1998

    The Court specifically reserved judgment on the question whether its “qualified immunity jurisprudence would require a heightened pleading in eases involving individual government officials.” Id. … “This option exists,” the Court went on to state, “even if the official chooses not to plead the affirmative defense of qualified immunity.”

    Overruled on other grounds by Educadores Puertorriqueños en Acción v. Hernández, 367 F.3d 61 (2004)Cited 136 timesPublished
  • Campbell v. Casey

    166 F. Supp. 3d 144 · District Court, D. Massachusetts · Feb 29, 2016

    Defendant seeks summary judgment' due to qualified immunity as well as on the merits. a. … That right has been clearly established by the U.S. Supreme Court for decades.

    Cited 10 timesPublished
  • Villages, LLC v. Longhi

    166 Conn. App. 685 · Connecticut Appellate Court · Jul 5, 2016

    plaintiff filed an objection to the defendant’s motion in which it contended that neither qualified immunity, governmental immunity, nor absolute immunity barred its claims against the defendant given the intentional nature … 52-557n (c), which provides qualified immunity for uncompensated members of munici- pal commissions and boards.

    Cited 10 timesPublished
  • Nicole K. Brinkman v. City of Des Moines, Iowa

    Court of Appeals of Iowa · Oct 11, 2023

    Further, whether the law was clearly established is inextricably intertwined with the new qualified immunity defense and only relevant to this case to the 3 The court applied only the particularity and plausibility … Id. at 782−84. 7 extent the new qualified immunity defense is operative in this case, and we already have concluded that qualified immunity is not operative

    Cited 0 timesPublished
  • Dean v. Earle

    866 F. Supp. 336 · District Court, W.D. Kentucky · Oct 28, 1994

    legal rules that were “clearly established” at the time the actions were taken. … Thus, Officer Ward did not violate Dean’s clearly established constitutional rights and is immune from monetary liability under § 1983.

    Cited 7 timesPublished
  • P.G.S. v. S. Hendricks

    Commonwealth Court of Pennsylvania · Jul 8, 2025

    qualified immunity. … With respect to qualified immunity, this Court applies that doctrine to state officers when considering federal law violations and will be found if an official’s conduct does not violate clearly established rights which a

    Cited 0 timesPublished
  • Stack v. Killian

    96 F.3d 159 · Court of Appeals for the Sixth Circuit · Sep 16, 1996

    Officials who perform discretionary functions are generally entitled to qualified immunity from individual liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional … The question of whether an official is protected by qualified immunity turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were “clearly established” at the time it was taken

    Cited 21 timesPublished
  • Jeffrey Joseph v. Kurt Schmiedeskamp

    Court of Appeals for the Eighth Circuit · Jul 23, 2025

    He must also overcome qualified immunity, which “shields government officials from liability when their conduct does not violate clearly established constitutional rights of which a reasonable person would have known.” … Schmiedeskamp maintains on appeal that he is entitled to qualified immunity because he didn’t violate Joseph’s clearly established rights.

    Cited 0 timesPublished
  • Crystal Thompson v. Andrew Dill

    930 F.3d 1008 · Court of Appeals for the Eighth Circuit · Jul 23, 2019

    A government official is entitled to qualified immunity on a § 1983 claim unless (1) "the facts shown by the plaintiff make out a violation of a constitutional or statutory right," and (2) the "right was clearly established … When the denial is based on qualified immunity, however, we have limited jurisdiction to decide the purely legal issue of whether the alleged facts support a claim of violation of clearly established law. See Raines v.

    Cited 45 timesPublished
  • Nicholas George v. William Rehiel

    738 F.3d 562 · Court of Appeals for the Third Circuit · Dec 24, 2013

    We therefore need not proceed to the second step of the qualified immunity analysis to determine whether that right was clearly established at the time of the challenged conduct. See Scott v. … valid First Amendment claim and that, even if he had, he had not alleged a violation of a clearly established constitutional right and so they were entitled to qualified immunity.

    Cited 122 timesPublished
  • Mendez-Palou v. Rohena-Betancourt

    813 F.2d 1255 · Court of Appeals for the First Circuit · Mar 10, 1987

    not “clearly established.” … The district courts in the cases presently before us concluded that defendants were not entitled to qualified immunity because Elrod and Branti clearly established that the first amendment protects government employees from

    Cited 90 timesPublished
  • Stodghill v. Wellston School District

    512 F.3d 472 · Court of Appeals for the Eighth Circuit · Jan 9, 2008

    The SAB members moved to dismiss the claim on the basis of qualified immunity. … The SAB members sought qualified immunity.

    Cited 151 timesPublished
  • Orlik Ex Rel. Orlik v. Dutchess County

    603 F. Supp. 2d 632 · District Court, S.D. New York · Mar 16, 2009

    Legal Standard for Qualified Immunity The doctrine of qualified immunity shields government agents from liability for their official actions, unless their conduct violates clearly established constitutional rights of which … An official is entitled to qualified immunity where: (1) the plaintiff has not alleged a violation of a constitutional right; (2) the right was not clearly established at the time of the conduct; or (3) the official’s actions

    Cited 7 timesPublished
  • Logan v. City of Pullman

    392 F. Supp. 2d 1246 · District Court, E.D. Washington · Oct 4, 2005

    The Supreme Court has established a two-part analysis for determining whether qualified immunity is appropriate in a suit against an officer. … In the absence of binding precedent, the Court looks to whatever law is available to ascertain whether the law is clearly established for qualified immunity purposes, including decisions of state courts, other circuits, and

    Cited 12 timesPublished
  • Knussman v. State of Maryland

    272 F.3d 625 · Court of Appeals for the Fourth Circuit · Nov 7, 2001

    Public officials “are protected by qualified immunity when performing their duties within the scope of their employment insofar as their conduct does not breach ‘clearly established statutory or constitutional rights of which … “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 right.”

    Cited 88 timesPublished

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