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71 F.3d 314 · Court of Appeals for the Eighth Circuit · Dec 8, 1995
This appeal follows. 4 We need only to pass upon the question of qualified immunity. … It is well settled that qualified immunity shields government officials from liability for money damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable official
Cited 5 timesPublished780 F.3d 998 · Court of Appeals for the Tenth Circuit · Mar 13, 2015
As our qualified-immunity jurisprudence permits us to do, we exercise our discretion to proceed straight to the latter question and resolve this claim on the clearly-established-law prong of our qualified-immunity test … Indeed, the Supreme Court has made clear that reciting the overarching requirement of probable cause does not pass muster in a qualified-immunity clearly-established-law assessment.
Cited 213 timesPublished507 F. Supp. 2d 1137 · District Court, W.D. Washington · Aug 31, 2007
Qualified immunity protects § 1983 defendants from liability for civil damages if their conduct does not violate a clearly established constitutional or statutory *1148 right of which a reasonable person would have known. … Under the second prong of Saucier, the officers are entitled to qualified immunity.
Cited 25 timesPublishedLarry Pounds v. David Griepenstroh, Hugh Barclay, and Louis Lubbehusen
970 F.2d 338 · Court of Appeals for the Seventh Circuit · Aug 6, 1992
A right is “clearly established” for qualified immunity purposes only where “the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates the right,” and “in … was clearly established.
Cited 28 timesPublished840 F. Supp. 1378 · District Court, D. Oregon · Dec 7, 1993
The threshold determination of whether the law governing the conduct at issue is clearly established, and whether a reasonable official could have believed his conduct was lawful in light of clearly established legal principles … Qualified Immunity: Defendants contend they are entitled to qualified immunity because plaintiff has no right to be free from cross-gender searches and because prison officials have a legitimate penological purpose in conducting
Cited 0 timesPublished64 F. Supp. 3d 384 · District Court, E.D. New York · Dec 5, 2014
Qualified Immunity Standards Qualified immunity protects government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Finding a right clearly established for purposes of qualified immunity “do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond de *400 bate.”
Cited 17 timesPublishedJerome Weinmann v. Patrick McClone
787 F.3d 444 · Court of Appeals for the Seventh Circuit · May 27, 2015
constitutional right was clearly established at the time of the alleged viola- tion. … B We now turn to whether the right Jerome is asserting was clearly established at the time of the events.
Cited 141 timesPublished118 F.4th 749 · Court of Appeals for the Sixth Circuit · Oct 3, 2024
Again, our reasoning is limited to the clearly established component of the qualified immunity analysis. … And it is clearly established that Barr is not entitled to qualified immunity because he was “simply following orders.” See Bunkley v.
Cited 29 timesPublishedSantana v. Cook County Board of Review
700 F. Supp. 2d 1023 · District Court, N.D. Illinois · Mar 30, 2010
Commissioners and Board Employees also claim qualified immunity, which shields officials from damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … To defeat such asserted qualified immunity a plaintiff must show 6 both (1) the violation of a constitutional right and (2) that the right was “clearly established at the time of the defendant’s misconduct” (concepts that
Cited 3 timesPublished167 F.3d 995 · Court of Appeals for the Sixth Circuit · Feb 11, 1999
The district court, however, did review defendant Coarsey's qualified immunity argument, and concluded that solicitation of false testimony for use in prosecuting an individual violates clearly established constitutional … Thus, Satterfield is not entitled to qualified immunity for these alleged acts, because they violated the plaintiffs' clearly established constitutional rights. V.
Cited 84 timesPublished883 F.3d 1228 · Court of Appeals for the Ninth Circuit · Mar 6, 2018
But on the other hand, defendants are entitled to qualified immunity so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … KOILE Turning to the second prong of the qualified immunity inquiry, “whether the right was clearly established,” Saucier, 533 U.S. at 201, we must determine whether it was so clear that Koile’s actions violated Keates
Cited 602 timesPublishedGooden v. Howard County, Maryland
954 F.2d 960 · Court of Appeals for the Fourth Circuit · Jan 23, 1992
C. 28 Gooden further argues that the defendants did not act reasonably in light of clearly established law. … Gooden failed to violate a clearly established constitutional right.
Cited 82 timesPublished323 F.3d 1294 · Court of Appeals for the Eleventh Circuit · Mar 11, 2003
The law is clearly established that an employer may not demote or discharge a public employee for engaging in protected speech. See Rankin v. … CEO Jones and Chief Wilder are entitled to qualified immunity. REVERSED.
Cited 10 timesPublishedJay T. Brown v. Deputy Constable John Glossip
878 F.2d 871 · Court of Appeals for the Fifth Circuit · Aug 4, 1989
At the time Brown filed his complaint, the law of our Circuit pertaining to the use of excessive force by police officers was clearly established. Shillingford v. … In overcoming the qualified immunity defense, it is not enough for the plaintiff to allege that the government official violated a clearly established right in the generalized sense for that “would ... convert the rule of
Cited 64 timesPublishedDistrict Court, D. Connecticut · Jun 1, 2021
Moreover, qualified immunity “protects government officials ‘from liability for civil damages in so far as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Leonard, 282 F.3d 123, 134 (2d Cir. 2002) (qualified immunity requires showing that official violated clearly established law).
Cited 0 timesUnknownKenneth H. Swipies v. Frank Kofka
Court of Appeals for the Eighth Circuit · Nov 3, 2003
An officer is entitled to qualified immunity unless his conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. See Harlow v. … established.
Cited 0 timesPublishedJohn Hugh Gilmore v. City of Minneapolis
837 F.3d 827 · Court of Appeals for the Eighth Circuit · Sep 13, 2016
Fourth Amendment, False Arrest Claim “Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 action unless the official’s conduct violates a clearly established constitutional … qualified immunity on Gilmore’s constitutional claim.
Cited 41 timesPublishedMelodi Navab-Safavi v. Broadcasting Board of Govenors
637 F.3d 311 · Court of Appeals for the D.C. Circuit · Mar 1, 2011
Legal Background Appellant’s motion for dismissal is rooted in the well- established doctrine of qualified immunity. … The Board asserts its qualified immunity, but we are unable to determine without an evidentiary record whether any act it committed in defense of those functions constituted a violation of clearly established rights, or even
Cited 51 timesPublishedRiverdale Mills Corp. v. Pimpare
392 F.3d 55 · Court of Appeals for the First Circuit · Dec 22, 2004
of a constitutional right; second whether the constitutional right allegedly violated was clearly established; and third whether the defendants nonetheless deserve qualified immunity because their … Layne, 526 U.S. 603, 614-15 (1999) ("It could plausibly be asserted that any violation of the Fourth Amendment is 'clearly established,' since it is clearly established that the protections of the Fourth Amendment apply
Cited 61 timesPublishedCovell Ex Rel. Johnson v. County of Oswego
165 F. Supp. 2d 241 · District Court, N.D. New York · Sep 5, 2001
of the qualified immunity standard. … established prong” of the qualified immunity standard.
Cited 2 timesPublished
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