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  • Sharnick v. D'Archangelo

    935 F. Supp. 2d 436 · District Court, D. Connecticut · Mar 22, 2013

    reasonable, as evaluated in the context of legal rules that were ‘clearly established’ at the time.” … If the law was “clearly established, the [qualified] immunity defense ordinarily ... fail[s], since a reasonably competent official should know the law governing his conduct.” Harlow v.

    Cited 23 timesPublished
  • James Byron Green v. Margaret Baron, Joan Wright, Sherri Shea, Dr. R.T. Lara, and Gary Kirchhof

    925 F.2d 262 · Court of Appeals for the Eighth Circuit · Feb 6, 1991

    To determine if the employees are entitled to qualified immunity, we must first decide whether Green has invoked a constitutional right that was clearly established when the conduct in question occurred. See Harlow v. … Thus, when Green entered Oakdale, it was clearly established he could not be punished.

    Cited 1 timesPublished
  • Akers v. Caperton

    998 F.2d 220 · Court of Appeals for the Fourth Circuit · Jun 29, 1993

    (“[A] core issue in resolving the immunity defense is whether state officials violated clearly established legal norms_ Thus, the availability of qualified immunity overlaps substantially the question on the merits of the … Because the defendants’ actions did not violate “clearly established” law at the time of the transfers — and did, in fact, comply with this Circuit’s established law— the district court’s qualified immunity ruling must be

    Cited 35 timesPublished
  • Lightfoot v. Floyd

    667 So. 2d 56 · Supreme Court of Alabama · Aug 4, 1995

    Henson and Chief Smith and the qualified immunity of Investigator Floyd. … Lightfoot has stated a cause of action for conversion against Investigator Floyd and Floyd did not establish that he was entitled to qualified immunity as a matter of law, the summary judgment for Floyd on this claim was

    Cited 18 timesPublished
  • Guite v. Wright

    976 F. Supp. 866 · District Court, D. Minnesota · Sep 25, 1997

    Claims under 42 U.S.C. § 1983 Any individual government officials performing discretionary functions have a qualified immunity defense to a Section 1983 claim for damages “insofar as their conduct does not violate clearly … in the home, the entry violated clearly established law which a reasonable officer should have known.

    Cited 12 timesPublished
  • May v. Fulton County, Ga.

    925 F. Supp. 769 · District Court, N.D. Georgia · Jun 7, 1995

    Qualified immunity may only preclude individual capacity claims. … For a court to find that a plaintiff was deprived of a clearly established right for the purpose of qualified immunity analysis, ‘“[t]he contours of the right must be sufficiently clear that a reasonable official would understand

    Cited 2 timesPublished
  • Easterling v. Pollard

    528 F. App'x 653 · Court of Appeals for the Seventh Circuit · Jul 22, 2013

    The individual defendants are protected by the defense of qualified immunity: The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly … The general principles of First Amendment law we have discussed were clearly established in 2010, but the qualified immunity defense turns on whether the application of those principles to the circumstances faced by the defen

    Cited 12 timesPublished
  • Matthew Locke v. County of Hubbard

    Court of Appeals for the Eighth Circuit · Sep 17, 2025

    While I disagree with the court’s constitutional analysis, I need not resolve that inquiry as the case can be easily resolved under the clearly established prong of the qualified immunity analysis. See Pearson v. … This does not constitute a violation of a clearly established right; therefore, the officers are entitled to qualified immunity.

    Cited 0 timesPublished
  • Crowson v. Washington County State, Utah

    983 F.3d 1166 · Court of Appeals for the Tenth Circuit · Dec 29, 2020

    Merits Analysis “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … We therefore proceed directly to the second prong of the qualified immunity analysis: whether the violation was clearly established.9 See 9 Mr. Crowson asserts that Dr.

    Cited 153 timesPublished
  • John Lanigan, Sr. v. Village of East Hazel Crest, Illinois, Officer Robert Wasek, Chief Ray Robertson

    110 F.3d 467 · Court of Appeals for the Seventh Circuit · Mar 28, 1997

    Finally, the district court found that all three individual defendants were shielded from liability by qualified immunity because their conduct was not unreasonable in light of clearly established law. … Cournia set forth the test for qualified immunity as follows: First, the plaintiff must show that the law was clearly established when the challenged conduct occurred.

    Abrogated on other grounds by Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)Cited 260 timesPublished
  • Prokey v. Watkins

    942 F.2d 67 · Court of Appeals for the First Circuit · Aug 19, 1991

    The general rule of qualified immunity, set out in Harlow v. … Explaining the Harlow standard, the Court said that, [ujnless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the

    Cited 166 timesPublished
  • Lory Lombardo v. John F. Harvey, Sandy Jenkin, Cathy Smolkovich

    865 F.2d 259 · Court of Appeals for the Sixth Circuit · Dec 12, 1988

    of the clearly established law and information he possessed). 9 Procedurally, this Circuit has placed the burden on the plaintiff once the issue of qualified immunity is raised: 10 Where a defendant official is entitled … to qualified immunity, the plaintiff must plead facts which, if true, describe a violation of a clearly established statutory or constitutional right of which a reasonable public official, under an objective standard would

    Cited 0 timesUnpublished
  • Blaylock v. Schwinden

    862 F.2d 1352 · Court of Appeals for the Ninth Circuit · Sep 7, 1988

    Moreover, plaintiffs were clearly seeking damages from the public treasury. … A state indemnification statute does not automatically extend immunity to state officials. See Demery v.

    Cited 39 timesPublished
  • Rogers v. Gooding

    84 F. App'x 473 · Court of Appeals for the Sixth Circuit · Nov 24, 2003

    Qualified Immunity for the Excessive Force Charges Qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established … not violate any clearly established principles.

    Cited 8 timesPublished
  • Clyde Weiler v. James Purkett Leah Embly

    137 F.3d 1047 · Court of Appeals for the Eighth Circuit · Mar 2, 1998

    DISCUSSION Qualified immunity shields government actors from suit when, “a reasonable officer could have believed [the challenged act] to be lawful, in light of clearly established law and the information the [defendants … Contours of the Right as “Clearly Established” Normally, a determination that the plaintiff has failed to allege a violation of a constitutional right ends the qualified immunity inquiry. See, e.g., Thomas v.

    Cited 144 timesPublished
  • Robert P. Brennan v. Township of Northville, Lawrence Demeter and Fred Yankee, Individually and in Their Official Capacities

    78 F.3d 1152 · Court of Appeals for the Sixth Circuit · Mar 26, 1996

    Lawrence Demeter and Fred Yankee appeal the denial of qualified immunity in this action premised on 42 U.S.C. § 1983 . … II A denial of summary judgment on qualified immunity grounds may be reviewed on interlocutory appeal under Mitchell v.

    Cited 114 timesPublished
  • Williams v. Prince George's County

    112 Md. App. 526 · Court of Special Appeals of Maryland · Dec 4, 1996

    Because of these considerations, immunity is granted to officers who act reasonably, albeit mistakenly, in light of clearly established law and the information they possessed without the benefit of hindsight. … immunity because their actions were in conformity with “clearly established” legal rules.

    Cited 99 timesPublished
  • Olufemi 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 timesPublished
  • Roberson v. Mullins

    876 F. Supp. 100 · District Court, W.D. Virginia · Jan 30, 1995

    Qualified immunity shields government officials from liability for civil damages when they perform discretionary functions, unless their acts violate clearly established constitutional rights of which a reasonable person … “Faced with such uncertainty, it may be preferable to err on the side of caution and ... find qualified immunity where [the court] cannot confidently state that the right was clearly established or that the officials must

    Cited 1 timesPublished
  • Kubany 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 timesPublished

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