Case law
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Tyquan Stewart v. Parkview Hospital
940 F.3d 1013 · Court of Appeals for the Seventh Circuit · Oct 22, 2019
Police officers enjoy immunity from liability for conduct that “does not violate clearly established statutory or consti‐ tutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … In these circumstances, Stewart cannot establish that the officers violated a right clearly established under the Fourth Amendment, and qualified immunity ap‐ plies. Id.; see also Wilson v.
Cited 76 timesPublishedFarm Labor Organizing Committee v. Ohio State Highway Patrol
308 F.3d 523 · Court of Appeals for the Sixth Circuit · Oct 17, 2002
Pursuant to this doctrine, federal appellate courts have jurisdiction to hear interlocutory appeals concerning “the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law … Instead, Kiefer properly limits his appeal to “neat abstract issues of law” relating to qualified immunity — i.e., whether the facts alleged by the plaintiffs demonstrate a violation of clearly established law.
Cited 166 timesPublished957 F.2d 402 · Court of Appeals for the Seventh Circuit · Feb 28, 1992
Judge Baker noted that qualified immunity shields government officials performing discretionary functions from civil liability if their actions do not violate clearly established statutory or constitutional rights of which … Gamble, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 , the standard of conduct imposed on defendants with respect to the care of people in custody was clearly established, so that the police officers' qualified immunity defense
Cited 22 timesPublished41 F.3d 1497 · Court of Appeals for the Eleventh Circuit · Jan 11, 1995
The defendants are entitled to qualified immunity if it is determined that the legal precedents do not reveal that the defendants violated "clearly established … The opinion is fully reaffirmed, however, on the holding that there was no constitutional duty clearly established at the time of the sexual assault, so the defendant officials were properly entitled to qualified immunity
Cited 30 timesPublishedKillebrew v. City of Greenwood, Miss.
988 F. Supp. 1010 · District Court, N.D. Mississippi · Nov 3, 1997
If so, the court must then decide whether the constitutional right allegedly violated was clearly established at the time of the events in question. Id. … There can certainly be no dispute that the right to equal protection under the Fourteenth Amendment was clearly established at the time of the events in question.
Cited 0 timesPublished808 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 timesPublished228 F. App'x 697 · Court of Appeals for the Ninth Circuit · Apr 16, 2007
Government officials enjoy qualified immunity from civil damages unless their conduct violates “clearly established constitutional or statutory rights of which a reasonable person would have known.” Harlow v. … Second, and only if a constitutional right was violated, we consider whether the right was clearly established such that a reasonable officer would believe the alleged conduct was unlawful.
Cited 4 timesPublishedJordan v. New Jersey Department of Corrections
881 F. Supp. 947 · District Court, D. New Jersey · Mar 31, 1995
The court also determined, however, that the prison guard was entitled to qualified immunity because the prisoner’s legal right was not “clearly established” at the time the action was taken. … established” to strip defendant Fowler of qualified immunity.
Cited 13 timesPublished152 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 timesPublishedGlenda Smith v. City of Wyoming
821 F.3d 697 · Court of Appeals for the Sixth Circuit · Apr 15, 2016
It is sufficient to hold that, even viewing the facts in the light most favorable to Smith, Officer Riggs did not violate clearly established law, and he therefore was protected by qualified immunity. … Turning to the clearly established law question, we must first ask whether the Ohio law defining obstruction of official business is clearly established. We conclude that it is.
Cited 56 timesPublished809 F. Supp. 1185 · District Court, M.D. Pennsylvania · Nov 13, 1992
In some cases, the qualified immunity issue may also turn on “the complementary question whether defendant had a clearly established duty towards plaintiff.” Ryan v. … What is “clearly established” law for qualified immunity purposes, however, commands only some, “not precise factual correspondence between relevant precedents and the conduct at issue.” Ryan, 860 F.2d at 1208 .
Cited 216 timesPublished610 F. Supp. 2d 34 · District Court, District of Columbia · Mar 31, 2009
Qualified Immunity “[Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not vio *43 late clearly established statutory or constitutional … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time
Cited 6 timesPublishedLopez Quinonez v. PUERTO RICO NAT. GUARD
488 F. Supp. 2d 112 · District Court, D. Puerto Rico · May 18, 2007
QUALIFIED IMMUNITY Qualified immunity shields public officials performing discretionary functions from civil damages, so long as their conduct does not violate clearly established statutory or constitutional rights, of which … We have used a three-prong analysis for evaluating qualified immunity claims.
Cited 3 timesPublishedDistrict Court, N.D. Texas · Jan 31, 2023
When a defendant has asserted a qualified-immunity defense, the Court may, under certain circumstances, permit limited discovery that is narrowly tailored to uncover facts that the Court needs to rule on the qualified-immunity … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to
Cited 0 timesUnknownSpringer v. Seventh Judicial District Court
District Court, D. New Mexico · Feb 9, 2024
“Qualified immunity ‘protects governmental officials from liability for civil damages insofar as their conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person … Hunter, 669 F.3d 937, 939-40 (9th Cir. 2012) (“Qualified immunity is only an immunity from a suit for money damages, and does not provide immunity from a suit seeking declaratory or injunctive relief.”); Yates v.
Cited 0 timesUnknownKeith 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 timesPublished330 F. Supp. 2d 99 · District Court, D. Connecticut · Aug 16, 2004
“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … Since a constitutional violation could be shown, the court must proceed to the qualified immunity inquiry and ask whether the right violated was clearly established. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .
Cited 6 timesPublished94 La.App. 4 Cir. 2140 · Louisiana Court of Appeal · Apr 13, 1995
Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their Rconduct does not violate clearly established statutory or constitutional rights of which … Qualified immunity does not act as an absolute bar, but rather as a threshold over which a plaintiff must pass to continue litigation.
Cited 1 timesPublishedRogers v. Pocono Mountain East High School
District Court, M.D. Pennsylvania · Aug 5, 2022
The doctrine of qualified immunity provides that government officials performing “discretionary functions,” are shielded from suit if their conduct did not violate a “clearly established statutory or constitutional right … Ct. 2042, 2044 (2015) (“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged
Cited 0 timesUnknown680 F. Supp. 2d 470 · District Court, W.D. New York · Jan 28, 2010
Qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable person would … If a deprivation exists, qualified immunity is appropriate where:(l) the legal right said to be violated was not clearly established at the time of the defendant’s conduct; (2) the defendant’s action was objectively reasonable
Cited 6 timesPublished
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