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  • Smiley v. Alabama Department of Transportation

    778 F. Supp. 2d 1283 · District Court, M.D. Alabama · Mar 30, 2011

    Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . 14 Qualified immunity is applicable unless the officials conduct violated a clearly established federal right. Anderson v. … The Eleventh Circuit Court of Appeals has repeatedly held, in the qualified immunity context, that the right to be free from employment discrimination on the basis of race is clearly established. See, e.g., Rioux v.

    Cited 8 timesPublished
  • Liebe v. Norton

    157 F.3d 574 · Court of Appeals for the Eighth Circuit · Oct 1, 1998

    "Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known." Yowell v. … To withstand the application of qualified immunity, a plaintiff must assert a violation of a constitutional or statutory right; that right must have been clearly established at the time of the violation; and, given the facts

    Cited 111 timesPublished
  • Alexander v. University of North Florida

    39 F.3d 290 · Court of Appeals for the Eleventh Circuit · Dec 2, 1994

    PER CURIAM: Principles of qualified immunity control this case. … But, nothing in Cornelius comes close to the “clearly established” standard required to overcome the qualified immunity defense in this case.

    Cited 6 timesPublished
  • BARLOW EX REL. MONCEBAIZ v. Owens

    400 F. Supp. 2d 980 · District Court, S.D. Texas · Jul 22, 2005

    Defendants assert that they are entitled to qualified immunity because Plaintiff has not shown a violation of a constitutional right and because Defendants’ actions were objectively reasonable in light of clearly-established … Conclusions Because Defendants’ actions in investigating the neighbor’s report, detaining Moncebaiz, and then arresting him were not unreasonable in light of clearly established law, Defendants are entitled to qualified immunity

    Cited 1 timesPublished
  • Hemphill v. Hale

    677 F.3d 799 · Court of Appeals for the Eighth Circuit · May 10, 2012

    The court later denied the motion, finding that Hale was not entitled to qualified immunity. … We review de novo the court’s determination that Hale is not entitled to qualified immunity, and we must decide whether the facts, construed in the light most favorable to Hemphill, established a constitutional violation,

    Cited 6 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
  • Jeffrey Swiecicki v. Jose Delgado

    463 F.3d 489 · Court of Appeals for the Sixth Circuit · Sep 15, 2006

    The law of qualified immunity We will “review the denial of summary judgment on grounds of qualified immunity de novo because application of this doctrine is a question of law.” McCloud v. … Swiecicki’s First Amendment right to free speech was thus clearly established at the time of Delgado’s actions in question. We therefore reverse the grant of qualified immunity awarded to Delgado on this issue. b.

    Abrogated on other grounds by Wallace v. Kato, 127 S. Ct. 1091 (2007)Cited 85 timesPublished
  • Garcia v. Orta

    47 F.4th 343 · Court of Appeals for the Fifth Circuit · Aug 25, 2022

    Qualified Immunity Qualified immunity protects public officials acting in their individual capacity from lawsuits and liability for damages under Section 1983 unless their conduct violates a clearly established … To overcome an asserted qualified immunity defense, the plaintiff must show “sufficient facts to ‘make out a violation of a constitutional right’” and “‘the right at issue was “clearly established” at the time of

    Cited 16 timesPublished
  • Hill ex rel. Estate of Hill v. Adkins

    59 F. Supp. 3d 814 · District Court, E.D. Kentucky · Nov 18, 2014

    Qualified immunity shields government officials from “liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.” … Hill and, if a violation occurred, whether he transgressed a “clearly established right.” See Heflin v. Stewart County, Tenn., 958 F.2d 709, 717 (6th Cir.1992).

    Cited 3 timesPublished
  • Musso-Escude v. Edwards

    101 Wash. App. 560 · Court of Appeals of Washington · Jul 17, 2000

    is alleged. 22 Qualified immunity protects an official only for those acts done in good faith. 23 In general, executive branch officials are afforded qualified immunity. 24 *569 Where a state actor claims immunity against … Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct “does not violate clearly established statutory or

    Cited 13 timesPublished
  • Montel v. City of Springfield

    386 F. Supp. 3d 67 · District Court, District of Columbia · Jun 24, 2019

    As this Court has but recently explained: *75 "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … "The 'clearly established' analysis has two sub-parts." Id.

    Cited 4 timesPublished
  • William J. Klein v. Lawrence Ryan and Frank Lombardo

    847 F.2d 368 · Court of Appeals for the Seventh Circuit · May 16, 1988

    To overcome the defense of qualified immunity, the plaintiff must show that the officials violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because qualified immunity analysis requires us to apply the law that was clearly established on May 12, 1983, see Zook v. Brown, 748 F.2d 1161, 1164 (7th Cir.1984), Gamer does not control this case. See Brown v.

    Cited 127 timesPublished
  • Akron v. Pari

    2019 Ohio 1083 · Ohio Court of Appeals · Mar 27, 2019

    Pasco’s motion to dismiss because the unambiguous language of R.C. 2925.11(B)(2) limits immunity to minor drug possession offenses. … This Court concluded that the terms of R.C. 2925.11(B)(2) are unambiguous: The plain language of R.C. 2925.11(B)(2)(b) clearly provides qualified individuals with immunity for a minor drug possession offense

    Cited 2 timesPublished
  • Peterson v. North Dakota ex rel. North Dakota University System

    240 F. Supp. 2d 1055 · District Court, D. North Dakota · Jan 3, 2003

    Qualified Immunity Qualified immunity shields state officials from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In other words, the qualified immunity defense fails if the official violates a clearly established constitutional or statutory right of which a reasonable person would have known.

    Cited 4 timesPublished
  • Ramon Cortesluna v. Manuel Leon

    979 F.3d 645 · Court of Appeals for the Ninth Circuit · Oct 27, 2020

    Principles of Qualified Immunity Qualified immunity protects individual officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Officers are entitled to qualified immunity in § 1983 actions unless they violate “clearly established” rights. Reichle v. Howards, 566 U.S. 658, 664 (2012).

    Reversed on other grounds by Rivas-Villegas v. Cortesluna, 595 U.S. 1 (2021)Cited 24 timesPublished
  • Harold Werkheiser v. Pocono Township

    780 F.3d 172 · Court of Appeals for the Third Circuit · Mar 6, 2015

    Because we conclude that the contours of the First Amendment right at issue were not clearly established, we hold that Appellants are entitled to qualified immunity on their federal claim.1 … Appellants also argued that they were entitled to qualified immunity because the law regarding Werkheiser’s rights was not clearly established. The District Court rejected this argument as well.

    Cited 27 timesPublished
  • Meyer v. NILES TP., ILL.

    477 F. Supp. 357 · District Court, N.D. Illinois · Jul 24, 1979

    Dunne Is Not Protected by the Doctrine of Qualified Immunity. … To rebut the qualified immunity defense, the plaintiff must demonstrate that the constitutional right infringed was clearly established at the time of the action and the official “knew or reasonably should have known that

    Cited 22 timesPublished
  • Robert Wilson v. David Spain, Mike Jones

    209 F.3d 713 · Court of Appeals for the Eighth Circuit · Apr 5, 2000

    from excessive force while detained by law enforcement officials and that the right has been clearly established. … Since the right to be free from excessive force in the context of an arrest has been clearly established for some time, other circuits have simply held that, in excessive-force eases, the qualified-immunity inquiry and the

    Cited 138 timesPublished
  • Sanders v. City of Dothan

    671 F. Supp. 2d 1263 · District Court, M.D. Alabama · Nov 30, 2009

    Under the “clearly established” prong of the qualified-immunity analysis, police officers are entitled to immunity from suit “unless the law pre-existing the [officerj’s supposedly wrongful act was already established to … immunity because that right was not clearly established.

    Cited 3 timesPublished
  • Policky v. City of Seward, Neb.

    433 F. Supp. 2d 1013 · District Court, D. Nebraska · May 25, 2006

    Officer Shook Qualified immunity protects government officials from the costs of trial and the burdens of broad discovery unless their discretionary acts violated clearly established statutory or constitutional rights. … “[T]o withstand a motion for summary judgment on qualified-immunity grounds, a plaintiff must (1) assert a violation of a constitutional right; (2) demonstrate that the alleged right is clearly established; and (3) raise

    Cited 6 timesPublished

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