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  • VINAGRO v. Reitsma

    260 F. Supp. 2d 425 · District Court, D. Rhode Island · May 6, 2003

    Qualified Immunity Generally, “[qualified immunity shields government officials wielding discretionary powers ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … A qualified immunity defense is only available to a defendant who could not have been reasonably expected to know that he was violating a clearly established constitutional right. See Amsden, 904 F.2d at 752 .

    Cited 1 timesPublished
  • Goodwin Ex Rel. Nall v. City of Painesville

    781 F.3d 314 · Court of Appeals for the Sixth Circuit · Mar 19, 2015

    THE QUALIFIED IMMUNITY ANALYSIS The qualified immunity doctrine “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Caselaw reveals that such a right was clearly established. The Officers contend that Officer Soto is entitled to qualified immunity not just on his initial decision to taser Mr.

    Cited 230 timesPublished
  • Burgess v. Fischer

    890 F. Supp. 2d 845 · District Court, S.D. Ohio · Sep 4, 2012

    Qualified immunity protects state officials so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Dickerson v. … Qualified immunity includes a two-step analysis: (1) considering the allegations in a light most favorable to the party injured, a constitutional right has been violated; and (2) whether that right was clearly established

    Cited 1 timesPublished
  • Bailey v. Ramos

    Court of Appeals for the Fifth Circuit · Jan 10, 2025

    immunity because the unlawfulness of his conduct was not clearly established at the time it occurred. 54 Bailey, for his part, submits that the unlawfulness of Ramos’s takedown procedure was clearly established, … “[T]o overcome qualified immunity, the plaintiff’s version of th[e] disputed facts must also constitute a violation of clearly established law.” Joseph, 981 F.3d at 330 (emphasis added).

    Cited 0 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
  • 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
  • Herbert Liverman v. City of Petersburg

    844 F.3d 400 · Court of Appeals for the Fourth Circuit · Dec 15, 2016

    contours of protected speech in this area were not clearly established. … The doctrine of qualified immunity shields government officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v.

    Cited 65 timesPublished
  • Bohn v. Waddell

    164 Ariz. 74 · Arizona Tax Court · Apr 6, 1990

    immunity only by showing that those rights were clearly established at the time of the conduct at issue." … Defendants have pled the defense of a qualified immunity.

    Vacated on other grounds by Estate of Bohn v. Waddell, 174 Ariz. 239 (1992)Cited 11 timesPublished
  • Leonard Foster v. Dustin Patrick

    806 F.3d 883 · Court of Appeals for the Sixth Circuit · Nov 20, 2015

    Patrick Page 4 precluded an award of qualified immunity. Patrick filed this interlocutory appeal challenging the denial of qualified immunity. … Clearly Established Right Although it is true that the right must be clearly established in a “‘particularized’ sense,” Brosseau v. Haugen, 543 U.S. 194, 199 (2004) (per curiam) (quoting Saucier v.

    Cited 23 timesPublished
  • Myers v. City of Fort Wayne, Ind.

    729 F. Supp. 625 · District Court, N.D. Indiana · Feb 2, 1990

    There is no qualified immunity if the defendant violated a clearly established and well litigated general proposition in which the case at hand merely presents a new wrinkle. LeClair v. … An official “would be entitled to qualified immunity if, at the time he acted, the law did not clearly establish that [the official] was prevented from discharging someone holding this particular position.” Wrigley v.

    Cited 7 timesPublished
  • LaChance v. Commissioner of Correction

    463 Mass. 767 · Massachusetts Supreme Judicial Court · Nov 27, 2012

    judgment, on the basis of qualified immunity. … Qualified immunity.

    Cited 22 timesPublished
  • Haidon v. Bloomfield

    District Court, D. Connecticut · Aug 29, 2024

    “Qualified immunity protects officials from damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or if it was objectively … “Qualified immunity protects officials from damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” or, when a clearly established

    Cited 0 timesUnknown
  • Jaymes Stark v. Lee County IA

    993 F.3d 622 · Court of Appeals for the Eighth Circuit · Apr 7, 2021

    or statutory right; and (2) the right was clearly established at the time of the deprivation.’” … In the absence of a showing that Sproul acted with deliberate indifference, Stark has not established the existence of an Eighth Amendment violation.2 We therefore reverse the order denying the motion for qualified immunity

    Cited 14 timesPublished
  • Hannah Robertson v. Anderson Mill Elementary

    989 F.3d 282 · Court of Appeals for the Fourth Circuit · Mar 2, 2021

    Qualified immunity is a defense that “shields government officials from personal liability when their conduct does not violate clearly established rights of which a reasonable person would have known.” Brickey v. … needing to consider the “clearly established” prong of the qualified immunity analysis.

    Cited 170 timesPublished
  • Jeffrey M. Kuha v. City of Minnetonka William Roth Kevin Anderson Dennis Warosh

    365 F.3d 590 · Court of Appeals for the Eighth Circuit · Apr 27, 2004

    Under the doctrine of qualified immunity,' state actors are protected from civil liability when “their conduct does not violate' clearly established statutory or constitutional rights of which a reasonable person would have … The qualified immunity inquiry is a two-step process.

    Abrogated on other grounds by Henry Szabla v. City Of Brooklyn Park, 486 F.3d 385 (2007)Cited 122 timesPublished
  • Crawford v. Kemp

    139 P.3d 1249 · Alaska Supreme Court · Jul 14, 2006

    With respect to Crawford’s constitutional claims, a law enforcement officer is entitled to qualified immunity if, in light of clearly established law and the information available to the officer at the time, a reasonable … entitled to qualified immunity so long as they did not violate "clearly established” law); see also Samaniego, 2 P.3d at 84 (applying the federal test for official immunity to a claim for excessive force). 13 .

    Cited 16 timesPublished
  • Hathaway v. Stone

    687 F. Supp. 708 · District Court, D. Massachusetts · Jun 27, 1988

    Even if it did, they further contend that they are entitled to qualified immunity. … As set out in Voutour , the standard for qualified immunity is whether a government official performing discretionary functions should reasonably have known that his or her actions violated clearly established statutory or

    Cited 25 timesPublished
  • Jones v. Price

    696 F. Supp. 2d 618 · District Court, N.D. West Virginia · Mar 17, 2010

    Qualified Immunity Price also has argued that good faith qualified immunity shields him from liability in this action because his conduct did not violate a clearly established right held by Jones. … Here, Price has failed to establish that he is shielded by qualified immunity.

    Cited 5 timesPublished
  • Lisa Amaechi v. Matthew West, and Bernard R. Pfluger Town of Dumfries

    237 F.3d 356 · Court of Appeals for the Fourth Circuit · Jan 9, 2001

    The district court denied West’s motion for summary judgment based upon a defense of qualified immunity, reasoning that West’s search, as described by Amaechi, violated Amaechi’s clearly established constitutional rights … To that end, qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

    Cited 137 timesPublished
  • Broam v. Bogan

    320 F.3d 1023 · Court of Appeals for the Ninth Circuit · Feb 25, 2003

    , or the constitutional right was not clearly established on the date of the alleged violation. … “[Government officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

    Cited 256 timesPublished

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