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  • Seaman v. Karr

    114 Wash. App. 665 · Court of Appeals of Washington · Dec 20, 2002

    Clearly Established Law To determine whether a federal right is clearly established, we look first to United States Supreme Court precedent and then to decisions of the controlling Circuit Court of Appeals. … For qualified immunity purposes, “clearly established” means: “[T]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing *681 violates that right.

    Cited 8 timesPublished
  • Howard v. Wilkinson

    305 F. Supp. 3d 1327 · District Court, M.D. Florida · Apr 2, 2018

    Qualified immunity protects government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The Plaintiffs have met their burden of establishing that the Officer Defendants are not entitled to qualified immunity. 3.

    Cited 3 timesPublished
  • George Zilich v. Thomas Longo David Mack Nancy Marincic Rose Marie Lovano Joseph Suster Michael Abella and Wilhelm Spiegelberg

    34 F.3d 359 · Court of Appeals for the Sixth Circuit · Nov 3, 1994

    We conclude that the resolution and ordinance are not a bill of attainder and that their passage did not violate plaintiffs clearly established First Amendment rights; therefore, defendants are entitled to qualified immunity … We also agree with the findings of the district court that Zifich's First Amendment right of free speech was "clearly established" for qualified immunity purposes.

    Cited 94 timesPublished
  • Mucci v. Town of North Providence ex rel. Vallee

    815 F. Supp. 2d 541 · District Court, D. Rhode Island · Oct 3, 2011

    Qualified Immunity Officer defendants are shielded from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Defendants also contend they are entitled to qualified immunity as to these claims.

    Cited 7 timesPublished
  • Knouse v. Primecare Med. of W. Va.

    333 F. Supp. 3d 584 · United States District Court · Sep 24, 2018

    Officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was "clearly established at the time." Reichle v. … The court was asked to "define the right at issue" under a qualified immunity analysis: The defendant asked the court to frame the analysis as whether it is "clearly established that a prison medical provider runs afoul of

    Cited 14 timesPublished
  • Subryan v. Regents of the University of Colorado

    813 F. Supp. 753 · District Court, D. Colorado · Feb 19, 1993

    Qualified immunity allows a public official to escape liability if his conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … official violated the clearly established law.

    Cited 4 timesPublished
  • 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
  • Purzycki v. Town of Fairfield

    44 Conn. App. 359 · Connecticut Appellate Court · Feb 25, 1997

    The plaintiffs claim that the trial court improperly determined that they failed to establish the imminent harm aspect of the identifiable person-imminent harm exception to the defendants’ qualified governmental immunity. … With this standard of review in mind, we turn now to the law concerning municipal immunity. “ ‘The doctrines that determine the tort liability of municipal employees are well established.

    Reversed on other grounds by Purzycki v. Town of Fairfield, 244 Conn. 101 (1998)Cited 19 timesPublished
  • Miller v. Spiers

    434 F. Supp. 2d 1064 · District Court, D. New Mexico · Feb 7, 2006

    This can be provided in the form of either absolute or qualified immunity. The amount and type of immunity granted a prosecutor depends on what activity is challenged. … Qualified immunity awaits more specifics.

    Cited 6 timesPublished
  • Copelin-Brown v. New Mexico State Personnel Office

    399 F.3d 1248 · Court of Appeals for the Tenth Circuit · Mar 1, 2005

    Qualified Immunity We review de novo a district court’s ruling on qualified immunity. Farmer v. Perrill, 288 F.3d 1254, 1259 (10th Cir. 2002). … At the same time, the Court has stated that “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.”

    Cited 53 timesPublished
  • Evans v. Ball

    168 F.3d 856 · Court of Appeals for the Fifth Circuit · Mar 12, 1999

    Hence, the restrictions were not a clearly established constitutional violation, and the allegation of seizure cannot abrogate qualified immunity. 1. … qualified immunity.

    Overruled on other grounds by Castellano v. Fragozo, 352 F.3d 939 (2003)Cited 133 timesPublished
  • Jantz v. Muci

    976 F.2d 623 · Court of Appeals for the Tenth Circuit · Dec 14, 1992

    Therefore, the court analyzed Plaintiff's qualified immunity defense under a rational basis test, holding that it was clearly established in 1988 that the government could not " 'discriminate [against homosexuals] for the … Applying this precept as clearly established by one fellow district court, 1 the court held that Defendant was not entitled to the qualified immunity defense because he did not offer a rational explanation for basing his

    Cited 23 timesPublished
  • Hike v. Hall

    427 N.W.2d 158 · Supreme Court of Iowa · Jul 20, 1988

    Conversely, in situations in which assistant state’s attorneys’ activities are not quasi-judicial and consequently are clothed only with qualified immunity, that qualified immunity applies as well to a claim that the state … of liberty ... the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

    Cited 17 timesPublished
  • Taylor v. Russell

    181 F. Supp. 2d 668 · District Court, E.D. Texas · Oct 24, 2001

    In defense of Plaintiffs equal protection claims, Defendants assert qualified immunity. 1. Qualified Immunity. … “Qualified” or “good faith” immunity shields government officials performing discretionary functions from liability “unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

    Cited 1 timesPublished
  • Navarro v. City of Riviera Beach

    192 F. Supp. 3d 1353 · District Court, S.D. Florida · Jun 29, 2016

    qualified immunity should not apply because: (1) the officers violated a constitutional right; and (2) that right was clearly established at the time of the incident.” … Even to the extent that facts exist capable of demonstrating a violation of a clearly established constitutional right and, thus, overcoming qualified immunity as to Sheriff Bradshaw in his individual capacity, amendment

    Cited 31 timesPublished
  • Landstrom v. Illinois Department of Children & Family Services

    699 F. Supp. 1270 · District Court, N.D. Illinois · Oct 31, 1988

    immunity from money damages unless the conduct violated “clearly established statutory or constitu *1274 tional rights of which a reasonable person would have known” (Harlow v. … To double back a bit, what the earlier analysis established was that such allegations — even though accepted as true — do not divest the individuals of qualified immunity.

    Cited 15 timesPublished
  • Vasquez v. Hernandez

    844 S.W.2d 802 · Texas Court of Appeals, 4th District (San Antonio) · Nov 12, 1992

    Therefore, if the movant in the present case established the qualified immunity defense, the non-movants were required to controvert this by summary judgment evidence. … Moreover, a former Miami police chief’s stated opinion that the shooting could have been “avoided” does not address or refute the established elements of qualified immunity.

    Cited 22 timesPublished
  • Estevis v. Cantu

    134 F.4th 793 · Court of Appeals for the Fifth Circuit · Apr 16, 2025

    We reverse and render judgment granting the officers qualified immunity for all shots fired. … In any event, Estevis bore the burden to negate qualified immunity by showing shots 4–9 violated clearly established law. See King v.

    Cited 1 timesPublished
  • Smith v. Barber

    195 F. Supp. 2d 1264 · District Court, D. Kansas · Mar 22, 2002

    right allegedly implicated was clearly established”). … The Supreme Court has established a two-part approach to determine if qualified immunity applies.

    Cited 5 timesPublished
  • Williams v. Alabama State University

    865 F. Supp. 789 · District Court, M.D. Alabama · Oct 12, 1994

    Under this test, public officials performing discretionary functions which would objectively appear to be- within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the “legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly

    Reversed on other grounds by Williams v. Alabama State University, 102 F.3d 1179 (1997)Cited 5 timesPublished

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