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  • Cooper v. Brunswick County Sheriff's Department

    896 F. Supp. 2d 432 · District Court, E.D. North Carolina · Sep 27, 2012

    Qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … rules that were clearly established at the time it was taken.”

    Cited 4 timesPublished
  • Vanterpool v. Cuccinelli

    998 F. Supp. 2d 451 · District Court, E.D. Virginia · Feb 7, 2014

    To grant a defendant qualified immunity a court must find that the defendant’s conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have known. … established in the Fourth Circuit at all times relevant to this action, and Defendants are entitled to qualified immunity. 6 C.

    Cited 3 timesPublished
  • Barts v. Joyner

    865 F.2d 1187 · Court of Appeals for the Eleventh Circuit · Jan 27, 1989

    Qualified Immunity Appellants contend that they are entitled to qualified immunity because their conduct in March 1983 did not violate clearly established law. … immunity because they did not violate clearly established constitutional right); State v.

    Cited 115 timesPublished
  • Session v. Wargo

    District Court, D. Colorado · Aug 12, 2021

    rights that (1) were “clearly 9 established” at the time of the conduct, and (2) would have been known to a reasonable person in the official’s position … be undertaken and qualified immunity is appropriate).

    Cited 0 timesUnknown
  • Charles v. Grief

    522 F.3d 508 · Court of Appeals for the Fifth Circuit · Mar 31, 2008

    that their conduct is objectively reasonable in light of clearly established law. … established law, officials may sometimes be required to proceed to trial even though the ultimate resolution of those factual disputes may show that they are entitled to qualified immunity from liability.”

    Cited 64 timesPublished
  • Leon Washington and Clara Washington v. James Haupert, Joel Slygh and Fred Rogers

    481 F.3d 543 · Court of Appeals for the Seventh Circuit · Mar 27, 2007

    Governmental actors performing discretionary functions are entitled to qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If the right was clearly established, the government actor is not entitled to qualified immunity. The plaintiffs allege that the defendants violated their Fourth Amendment rights to be free from unreasonable seizure.

    Cited 88 timesPublished
  • Salas v. Carpenter

    980 F.2d 299 · Court of Appeals for the Fifth Circuit · Dec 8, 1992

    IV As sheriff, Carpenter is entitled to qualified immunity from suit under section 1983 unless it is shown by specific allegations that he violated clearly established constitutional law. Anderson v. … Since qualified immunity turns on whether a defendant violated a clearly established right, a "necessary concomitant" to that decision is determining "whether the plaintiff has asserted a violation

    Cited 388 timesPublished
  • Davis v. Tarrant County, Tex.

    565 F.3d 214 · Court of Appeals for the Fifth Circuit · Apr 8, 2009

    in their judicial capacities when they established and implemented the appointment policy and denied Davis’s application; (2) that the defendant judges were immune from suit in their official capacities under the Eleventh … The 2001 amendment established a much more detailed procedural regime for the appointment of counsel in criminal cases that requires judges in each county to establish standardized countywide procedures.

    Cited 194 timesPublished
  • French v. Merrill

    15 F.4th 116 · Court of Appeals for the First Circuit · Oct 1, 2021

    Hence, the officers - 34 - violated clearly established law and are not entitled to qualified immunity. C. … qualified immunity

    Cited 57 timesPublished
  • Marcelino Alvarez-Victoriano v. City of Waterloo, Iowa, C.J. Nichols, In His/Her Individual and Official Capacity, and Waterloo Police Department

    Supreme Court of Iowa · Jan 6, 2023

    First, Iowa Code section 670.4A(1)(a) (2022) provides qualified immunity to employees or officers subject to claims arising under the IMTCA: 1. … The right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear

    Cited 0 timesPublished
  • Reid v. Pautler

    36 F. Supp. 3d 1067 · District Court, D. New Mexico · Jul 31, 2014

    established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualifíed Immunity Analysis.

    Cited 18 timesPublished
  • Misty Kingsland v. City of Miami

    382 F.3d 1220 · Court of Appeals for the Eleventh Circuit · Aug 31, 2004

    “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly 11 We recall that probable cause requires that “‘ … “Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id.

    Cited 0 timesPublished
  • Supreme Video, Inc. v. Schauz

    808 F. Supp. 1380 · District Court, E.D. Wisconsin · Dec 14, 1992

    On the other hand, 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 factual wrinkle.” … immunity defense, Supreme Video must show that the defendants’ conduct violated certain constitutional rights that were clearly and particularly established at the time of the seizure.

    Cited 5 timesPublished
  • Gutierrez v. City of Indianapolis

    886 F. Supp. 2d 984 · District Court, S.D. Indiana · Aug 13, 2012

    Under the doctrine of qualified immunity, police officers are shielded “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified Immunity Defendants assert that Officer Kermon is entitled to qualified immunity with respect to Mr. Gutierrez’s excessive force claim.

    Cited 2 timesPublished
  • Anastasio v. Planning Board of West Orange

    197 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Sep 10, 1984

    Since the trial court at the motion to dismiss the complaint had held that the affirmative defense of qualified immunity was available, the next issue to confront the court is the one dealing with qualified immunity. … It then became the task of the Supreme Court to set guidelines for defining the scope of qualified immunity. The guidelines for the scope of qualified immunity were established in the case of Wood v.

    Cited 1 timesPublished
  • Browne v. Robb

    583 A.2d 949 · Supreme Court of Delaware · Nov 5, 1990

    The State Tort Claims Act grants, in part, general qualified immunity to certain state officials and employees. 10 Del.C. § 4001. … We have already recognized that a public defender is protected by qualified immunity under the State Tort Claims Act. See Vick v.

    Cited 133 timesPublished
  • Doe v. Hazard

    152 F. Supp. 3d 859 · District Court, E.D. Kentucky · Jan 15, 2016

    The -plaintiff bears the burden of showing that a defendant is not entitled to qualified immunity, O’Malley v. … The Court also finds no binding case law that any of Simpson’s alleged conduct violated a clearly established constitutional right.

    Cited 1 timesPublished
  • Aguirre v. City of San Antonio

    995 F.3d 395 · Court of Appeals for the Fifth Circuit · Apr 22, 2021

    Under the doctrine of qualified immunity, “[g]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … “The second prong of the qualified-immunity analysis asks whether . . . the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (citing Hope v.

    Cited 117 timesPublished
  • Keith Edwards v. Officer J. Grubbs

    Court of Appeals for the Eleventh Circuit · Jun 30, 2026

    Edwards to establish that qualified immunity does not apply. See Bailey, 843 F.3d at 480. … A right may be clearly established for qualified im- munity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right;

    Cited 0 timesPublished
  • Thornton v. City of Macon

    132 F.3d 1395 · Court of Appeals for the Eleventh Circuit · Jan 13, 1998

    A public official is entitled to qualified immunity from a § 1983 damages action if his actions did not violate clearly established law. … It is clearly established that the use of excessive force in carrying out an arrest constitutes a violation of the Fourth Amendment. See Graham v.

    Cited 103 timesPublished

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