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376 F. Supp. 2d 1043 · District Court, D. New Mexico · Mar 30, 2005
“When the defendants are public officials asserting a qualified immunity defense and the appealed issue is whether a given set of facts establishes that defendants violated clearly established law,”, the order denying summary … Even assuming a constitutional violation occurred, however, the Defendants are nonetheless entitled to qualified immunity because the law is not clearly established in this area.
Cited 4 timesPublished472 F. Supp. 2d 1023 · District Court, S.D. Illinois · Sep 19, 2006
To defeat a qualified immunity defense, a plaintiff bears the burden of demonstrating that “the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law … See Greenberg, 840 F.2d at 472 (quoting Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 ) (observing that the principle underlying the doctrine of qualified immunity is that “[i]f the law at the time was not clearly established,
Cited 1 timesPublished4 P.3d 151 · Court of Appeals of Washington · Jul 17, 2000
is alleged. [22] Qualified immunity protects an official only for those acts done in *156 good faith. [23] In general, executive branch officials are afforded qualified immunity. [24] Where a state actor claims immunity … 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 14 timesPublishedBazan Ex Rel. Bazan v. Hidalgo County
246 F.3d 481 · Court of Appeals for the Fifth Circuit · Mar 27, 2001
Qualified immunity protects government officials performing discretionary functions from civil damages liability if their actions were objectively reasonable in the light of then clearly established law. … clearly established law.
Cited 436 timesPublished280 Conn. 310 · Supreme Court of Connecticut · Oct 17, 2006
Specifically, the majority concluded that qualified governmental immunity applied to Fernandez’ alleged actions because they were discretionary in nature. Id., 12. … Further, the majority determined that none of the exceptions to Fernandez’ qualified governmental immunity applied. Id.
Cited 78 timesPublishedAda Anglemeyer v. Craig Ammons
92 F.4th 184 · Court of Appeals for the Third Circuit · Feb 7, 2024
both prongs of the qualified immunity analysis. … Our sister circuits have denied qualified immunity in cases factually similar to Couden. See, e.g., Shannon v.
Cited 33 timesPublishedDempsey v. Denver Police Department
353 P.3d 928 · Colorado Court of Appeals · May 21, 2015
hazards" as "rain, fog, smoke, crowded traffic conditions, or many pedestrians crossing and re-crossing the roadway, perhaps unlawfully, after a parade, or the like," and noting that those kinds of conditions had not been established … zone from so qualifying.
Cited 3 timesPublished33 F.3d 951 · Court of Appeals for the Eighth Circuit · Oct 18, 1994
They asserted, among other things, that they are immune from suit by reason of qualified immunity. … In order to lose their qualified immunity, officials must violate an inmate’s clearly established constitutional rights. Id.
Cited 77 timesPublished71 F.4th 649 · Court of Appeals for the Seventh Circuit · Jun 26, 2023
Fitzgerald, 457 U.S. 800, 818 (1982) (establishing a two-pronged inquiry for an award of qualified immunity); Johnson v. … And doubtless, too, the district court was right to un- derscore the Supreme Court’s repeated admonition that prong two of a proper qualified immunity inquiry requires identifying the pertinent body of clearly established
Cited 25 timesPublished31 F.3d 157 · Court of Appeals for the Fourth Circuit · Jul 19, 1994
The court rejected Defendants' proffered qualified immunity defense on a determination that both the protected interest of familial privacy and the procedural safeguards ofSec. 5-715 were clearly established at the time of … Defendants are entitled to qualified immunity from civil monetary damages if their conduct did not violate the Hodges' clearly established federal statutory or constitutional rights of which a reasonable person would have
Cited 36 timesPublished627 F.3d 170 · Court of Appeals for the Fifth Circuit · Nov 29, 2010
Qualified immunity thus shields government officials performing discretionary functions from individual liability for civil damages but only “insofar as their conduct does not violate clearly established rights of which a … Appellees’ have alleged a violation of clearly established law; therefore, Appellants are not entitled to qualified immunity.
Cited 4 timesPublished74 F.4th 312 · Court of Appeals for the Fifth Circuit · Jul 18, 2023
“Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … The test for qualified immunity involves two steps: “first we ask whether the officer’s alleged conduct has violated a federal right; . . . second we ask whether the right in question was ‘clearly established’ at
Cited 34 timesPublished666 F.2d 1005 · Court of Appeals for the Sixth Circuit · Jan 14, 1982
As our decisions make clear, whether such immunity has been established depends on facts peculiarly within the knowledge and control of the defendant. . .. … The burden would then be upon the plaintiff to show either that a subjective, bad faith intent to harm him motivated the official or that the official knew or should have known that his action infringed a clearly established
Vacated on other grounds by Sanborn v. Wolfel, 458 U.S. 1102 (1982)Cited 15 timesPublishedFelix E. Capoeman v. Amos Reed
754 F.2d 1512 · Court of Appeals for the Ninth Circuit · Apr 22, 1985
Qualified Immunity Even defendants who violate constitutional rights enjoy a qualified immunity that protects them from liability for damages “unless it is further demonstrated that their conduct was unreasonable under the … Nonetheless, we found that the basic fourth amendment rights of students had been sufficiently clearly established at the time to prevent the defendants’ immunity. Id.
Cited 102 timesPublishedKevin McCourt v. Miguel Angel Delgado
West Virginia Supreme Court · Mar 25, 2019
Under this standard, the petitioner officers contend they are entitled summary judgment based on qualified immunity because they did not violate any clearly established constitutional rights. … Under a qualified immunity analysis, we must determine whether the petitioner officers’ alleged conduct violated a clearly established constitutional right.
Cited 0 timesPublishedKelley v. Troy State University
923 F. Supp. 1494 · District Court, M.D. Alabama · May 2, 1996
Thus, a government official is not entitled to qualified immunity where the plaintiff demonstrates that the official’s actions violated a clearly established right. Sims v. … They correctly point out that, to lose qualified immunity, a government official must infringe a right that was clearly established at the time of the infringement. Lassiter v.
Cited 10 timesPublished867 F. Supp. 2d 61 · District Court, District of Columbia · May 17, 2012
Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bame v. … "If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id.
Cited 1 timesPublished974 F.3d 726 · Court of Appeals for the Sixth Circuit · Sep 4, 2020
Even had Defendants adequately argued the qualified immunity point, the right that they infringed upon was clearly established at the time of their actions in this case. … And in Nelson, this Court directly addressed qualified immunity with respect to state-created danger, rejecting the officer’s claim to qualified immunity because Kallstrom clearly established that the state may not affirmatively
Cited 172 timesPublishedEyring v. Fort Sanders Parkwest Medical Center, Inc.
991 S.W.2d 230 · Tennessee Supreme Court · Apr 19, 1999
Eyring argues the lower courts erred in applying the Peer Review Law to grant Parkwest qualified immunity from liability for damages because the plain language of the statute provides no explicit immunity to “hospitals, … Section -219(c)(1) grants qualified immunity to “institutions . . . and associated committees as identified in subsection (b).” Id.
Cited 23 timesPublished996 F. Supp. 316 · District Court, S.D. New York · Mar 10, 1998
QUALIFIED IMMUNITY The doctrine of qualified immunity entitles public officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person … But such actions did not so clearly violate Stanley’s rights that defendant Cooper should be deprived of the defense of qualified immunity.
Cited 2 timesPublished
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