Case law
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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 timesPublished225 F. Supp. 2d 647 · District Court, W.D. North Carolina · Aug 26, 2002
Defendants argue in their reply brief for the first time that they are also covered by qualified immunity in that they have not violated any clearly established rights. … Qualified Immunity In their reply brief, the Defendants raise for the first time the defense of qualified immunity from suit.
Cited 6 timesPublished287 Ga. 618 · Supreme Court of Georgia · Jul 5, 2010
The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. [Cit.] … Qualified immunity “protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.” [Cit.]
Cited 73 timesPublishedLouisiana Attorney General Reports · Jan 31, 2000
E.D. 1998), proves helpful, as the court stated: Two kinds of immunity exists for government officials absolute immunity and qualified immunity. … Qualified immunity protects an official from liability unless the official violates "clearly established statutory or constitutional rights of which a reasonable person would have known."
Cited 0 timesPublished3 A.3d 390 · Supreme Judicial Court of Maine · Aug 31, 2010
The immunity exceptions are strictly construed so as to adhere to immunity as the general rule. Sanford v. … The remaining issue is whether they qualify as an appurtenance to a public building. 1.
Cited 27 timesPublishedWilliam O. Fuller v. Joe Carollo
977 F.3d 1012 · Court of Appeals for the Eleventh Circuit · Sep 25, 2020
Carollo’s motion sought dismissal of the complaint based, in part, on qualified immunity. … The magistrate judge concluded that Carollo was not entitled to qualified immunity because his alleged conduct violated clearly established law.
Cited 3 timesPublished277 F. Supp. 3d 161 · District Court, D. Massachusetts · Sep 30, 2017
right that the official has violated was clearly established at the time of the violation.” … Justice Thompson argued that the majority had construed “the clearly-established-right prong” of the qualified immunity analysis too narrowly, and required that the precedent be too directly on point before an official could
Cited 4 timesPublishedDistrict Court, D. Arizona · Mar 11, 2021
Qualified Immunity 9 Government officials enjoy qualified immunity from civil damages unless their 10 conduct violates “clearly established statutory or constitutional rights … In deciding 12 if qualified immunity applies, a court must determine: (1) whether the facts alleged show 13 the defendant’s conduct violated a constitutional right; and (2) whether that right was 14 clearly established
Cited 0 timesUnknownHunt v. Bd. of Regents of the Univ. of New Mex.
338 F. Supp. 3d 1251 · District Court, D. New Mexico · Sep 6, 2018
Clearly Established Law Qualified immunity attaches when an official's conduct " 'does not violate *1260 clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v. … Thus, they cannot be used to demonstrate "clearly established law" within the meaning of a qualified immunity analysis.
Cited 0 timesPublished883 F. Supp. 128 · District Court, E.D. Texas · Mar 29, 1995
The doctrine of qualified immunity protects against individual liability for civil damages to officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … When considering a claim of qualified immunity, courts engage in a bifurcated analysis. First, it must be determined whether the plaintiff has alleged the violation of a clearly established constitutional right.
Cited 3 timesPublished649 F. Supp. 2d 484 · District Court, E.D. Louisiana · Jul 30, 2009
A state actor is entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established at the time of his or her actions. McClendon v. … For a constitutional right to be clearly established for purposes of qualified immunity, its contours must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. 4 Hope
Cited 3 timesPublished197 F. Supp. 3d 310 · District Court, D. Massachusetts · Jul 6, 2016
As the First Circuit recently explained: The rules for granting qualified immunity are well established. … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’
Cited 1 timesPublished269 F. Supp. 3d 743 · District Court, W.D. Louisiana · Aug 28, 2017
A defendant who can validly raise a qualified immunity defense will enjoy its protection so long as the allegedly violated constitutional right was not clearly established at the time of the violation. See id. … This right is a clearly established right for the purposes of a qualified immunity analysis. See id.
Cited 5 timesPublishedBischoff v. Calhoun County Prosecutor
173 Mich. App. 802 · Michigan Court of Appeals · Dec 20, 1988
which is essentially investigative or administrative and therefore entitled to only the protection of the qualified immunity. … Qualified immunity shields government officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 22 timesPublished732 F. Supp. 749 · District Court, E.D. Michigan · Feb 14, 1990
Thus, neither is dispositive of the current qualified immunity issue. … in fact is not clearly established today.
Cited 5 timesPublishedDoe v. Methacton School District
880 F. Supp. 380 · District Court, E.D. Pennsylvania · Mar 16, 1995
QUALIFIED IMMUNITY The individual Methacton Defendants assert that they are entitled to qualified immunity for all constitutional claims against them. The burden to show immunity is on the defendant. … The test for whether qualified immunity should be applied is whether: (1) government officials (2) performed discretionary functions (3) that did not violate clearly established statutory or constitutional rights (4) of which
Cited 9 timesPublished955 F.3d 211 · Court of Appeals for the First Circuit · Apr 10, 2020
Further, they argued that were entitled to qualified immunity on the same grounds and because the law on community caretaking in 2013 did not clearly establish that their entry violated either brother's constitutional … The Officers Are Entitled to Qualified Immunity Because in 2013 the Law Was Not Clearly Established that Entering the Home Was Unconstitutional Under the Community Caretaking Exception The officers are entitled
Cited 11 timesPublishedTyralyn Harris v. New Orleans Police Depart
745 F.3d 767 · Court of Appeals for the Fifth Circuit · Mar 12, 2014
DISCUSSION “Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … Once the defendant raises the qualified immunity defense, “the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.”
Cited 100 timesPublishedLatherian Harris v. City of Saginaw, Mich.
62 F.4th 1028 · Court of Appeals for the Sixth Circuit · Mar 20, 2023
We evaluate qualified immunity in two, non-sequential steps: whether “the facts alleged show the officer’s conduct violated a constitutional right” and whether that right was “clearly established.” Saucier v. … And because there is reason to believe that this arrest violated Harris’s clearly established constitutional right, none of the Officers are entitled to qualified immunity.
Cited 29 timesPublished848 F. Supp. 2d 378 · District Court, W.D. New York · Jan 30, 2012
Qualified Immunity Having found that Clark and Marusak are not entitled to absolute immunity, dismissal may nevertheless be proper if their actions are entitled to qualified immunity. … Officials are protected from § 1983 liability by qualified immunity if their actions (1) did not violate clearly established law or (2) were objectively reasonable. See Warren v. Keane, 196 F.3d 330 , 332 (2d Cir.1999).
Cited 1 timesPublished
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