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968 F. Supp. 1204 · District Court, N.D. Ohio · May 30, 1997
The Supreme Court held that, with respect to motions for summary judgment based on qualified immunity, “the judge may appropriately determine, not only the currently applicable law, but whether that law was clearly established … Plaintiffs assert that the use of excessive force is itself a violation of a clearly established constitutional right in “cases dealing with qualified immunity”. (Plaintiffs’ Opp. at 7).
Cited 7 timesPublishedSmiley 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 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 timesPublished100 F.3d 1334 · Court of Appeals for the Seventh Circuit · Nov 22, 1996
Second, if so, was the unconstitutionality clearly established or are the state defendants entitled to qualified immunity? Third, did [the plaintiff] suffer an injury by virtue of the defendants’ actions? … Qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights
Cited 49 timesPublished2026 Ohio 734 · Ohio Court of Appeals · Mar 5, 2026
“The doctrine of qualified immunity generally shields public officials performing discretionary functions from liability for civil damages to the extent that their conduct does not violate clearly established statutory … to qualified immunity.
Cited 4 timesPublished909 F. Supp. 2d 60 · District Court, D. New Hampshire · Nov 14, 2012
“Qualified immunity shields ... state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a constitutional or statutory right and (2) that the right was clearly established … In any event, a single decision from another district court does not provide the "fair warning” of clearly established law necessary to overcome the defendants' qualified immunity defense. See Lynch v.
Cited 3 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 timesPublishedAdams v. St. Lucie County Sheriff's Department
962 F.2d 1563 · Court of Appeals for the Eleventh Circuit · Jun 15, 1992
The court concluded in Ansley that “[t]he Supreme Court’s qualified immunity precedent aims at one goal: to keep the public official out of the courtroom, free to exercise discretionary duties under clearly established law … ’ conduct violated that clearly established law?
Cited 2 timesPublished322 F.3d 776 · Court of Appeals for the Third Circuit · Feb 28, 2003
Turning to the second prong of the qualified immunity defense, the District Court held that "Hamilton’s right to be protected from known risks was clearly established in August 5, 1992." … As we have previously explained, however, "to defeat qualified immunity it is not sufficient that the right at issue be clearly established as a general matter.
Cited 70 timesPublished869 F.2d 384 · Court of Appeals for the Eighth Circuit · Mar 6, 1989
QUALIFIED IMMUNITY Ginter challenges the decision to grant qualified immunity to Blasingame and Lee before allowing her to conduct discovery in this case. … Ginter to violate any statutory or constitutional right which had been “clearly established” prior to June 3, 1983.
Cited 34 timesPublished120 F.3d 446 · Court of Appeals for the Third Circuit · Aug 11, 1997
Qualified Immunity A. … immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a
Cited 111 timesPublishedBailey v. United States Marshal Service
584 F. Supp. 2d 128 · District Court, District of Columbia · Nov 3, 2008
Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .
Cited 10 timesPublished59 P.3d 701 · Court of Appeals of Washington · Dec 20, 2002
Clearly Established Law To determine whether a federal right is clearly established, we look first to United States Supreme Court precedent and then to decisions of the controlling Circuit Court of Appeals. … For qualified immunity purposes, "clearly established" means: The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.
Cited 6 timesPublishedGarcia Ex Rel. Merino v. Brown
442 F. Supp. 2d 132 · District Court, S.D. New York · Aug 2, 2006
“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 … The Circuit concluded, however, that this type of implicit liability was not so clearly established as to bar dismissal on the ground of qualified immunity. Pena, 432 F.3d at 114-15 . 3 .
Cited 3 timesPublishedDistrict Court, M.D. Pennsylvania · Sep 22, 2025
Qualified immunity applies to federal and state actors unless (1) the facts, taken in the light most favorable to the plaintiff, demonstrate a violation, and (2) the alleged right was clearly established … Supp. 623, 630-33 (D.N.J.), aff’d, 889 F.2d 1286 (3d Cir. 1989) (denying qualified immunity to a prison board based on prisoners’ clearly established right to a “safe prison environment” free from inmate violence
Cited 0 timesUnknownEileen McAfee v. Christine Boczar
738 F.3d 81 · Court of Appeals for the Fourth Circuit · Dec 12, 2013
Qualified immunity serves to protect a government official from liability for civil damages unless the facts alleged show a violation of a clearly established constitutional right … And this constitutional right is clearly established. See Miller v.
Cited 279 timesPublished180 F. Supp. 3d 467 · District Court, S.D. Mississippi · Apr 8, 2016
“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Therefore, because a reasonable officer would have known that tasing Plaintiff was objectively unreasonable under clearly established law, the Court does not find that Defendants are entitled to qualified immunity and will
Cited 0 timesPublishedJacobs v. West Feliciana Sheriff's Dept.
228 F.3d 388 · Court of Appeals for the Fifth Circuit · Sep 13, 2000
To determine whether an official is entitled to qualified immunity, we must determine: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the defendant's … the first hurdle in defeating the defendants' qualified immunity defense. 13 The second part of our qualified immunity analysis is to determine whether the defendants' conduct was objectively unreasonable in light of clearly
Cited 42 timesPublished202 F. Supp. 3d 220 · District Court, D. Puerto Rico · Aug 16, 2016
Qualified immunity under 42 U.S.C. § 1983 , shields government officials from liability for civil damages if their actions were objectionably reasonable as evaluated in the context of legal rules that were “clearly established … The Court need not address whether any constitutional violation alleged here was . clearly established since Plaintiffs’ complaint fails at the first step of the qualified immunity analysis.
Cited 1 timesPublishedWark v. Board of County Commissioners
47 P.3d 711 · Colorado Court of Appeals · Apr 25, 2002
Because the trial court's finding is not clearly erroneous, we may not disturb it. B. … Although the county argued that plaintiffs' claims were barred under the qualified immunity doctrine, the trial court's ruling is primarily based on the insufficiency of the allegations in the complaint.
Cited 26 timesPublished
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