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69 F.3d 1383 · Court of Appeals for the Eighth Circuit · Nov 8, 1995
Qualified Immunity 24 The prison officials claim that the district court committed error by refusing to grant them qualified immunity. This is an issue that we review de novo. See Henderson, 29 F.3d at 467 . … Qualified immunity applies unless the officials' conduct violates " 'clearly established statutory or constitutional rights of which a reasonable person would have known.' " Henderson, 29 F.3d at 467 (quoting Harlow v.
Cited 22 timesPublished835 F. Supp. 476 · District Court, N.D. Indiana · Oct 22, 1993
Qualified immunity provides a defense to conduct which “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 457 U.S. at 818 , 102 S.Ct. at 2738 . … The defendants claim entitlement to qualified immunity, contending that the ADA was not clearly established law during the time in which the conduct that Mr. Noland alleges occurred.
Cited 29 timesPublished210 F. Supp. 3d 1303 · District Court, N.D. Alabama · Sep 27, 2016
was clearly established at the time of the alleged violation. … Regarding the second prong of the qualified immunity analysis, it is clearly established in the Eleventh Circuit that “gratuitous use of force when a criminal suspect is not resisting arrest constitutes excessive force.
Cited 4 timesPublishedRichardson v. Nassau County Medical Center
840 F. Supp. 219 · District Court, E.D. New York · Jan 7, 1994
Qualified immunity shields a government official from liability in a civil action if the official’s “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Whether the government official can benefit from qualified immunity “turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was
Cited 7 timesPublishedUS ex rel. Citynet, LLC v. Jimmy Gianato
962 F.3d 154 · Court of Appeals for the Fourth Circuit · Jun 22, 2020
actions had violated a clearly established right. … Thus, the state of mind required to establish liability under the FCA is also sufficient to preclude immunity protection, and therefore immunity cannot protect a public official from a suit alleging a claim under the FCA
Cited 14 timesPublished397 F.3d 1047 · Court of Appeals for the Eighth Circuit · Feb 7, 2005
Johnson and Rosa moved for summary judgment, arguing they are entitled to qualified immunity *1052 because Forrester cannot prove any violation of clearly established constitutional rights. … , For-rester has failed to allege a violation of a clearly established due process right, and Rosa and Johnson are entitled to qualified immunity.
Cited 34 timesPublishedAldarondo-Lugo v. Municipality of Toa Baja
329 F. Supp. 2d 221 · District Court, D. Puerto Rico · Aug 2, 2004
Qualiñed Immunity Inquiry The qualified immunity doctrine protects civil servants from suit and liability arising from the performance of their duties “insofar as their conduct does not violate clearly established ... constitutional … The Court begins with the first prong of the qualified immunity test: whether Plaintiffs can establish that a particular defendant violated their constitutional rights.
Cited 5 timesPublishedRobert Trammell v. David Thompson
335 F. App'x 835 · Court of Appeals for the Eleventh Circuit · Jun 18, 2009
“Qualified 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 … claim of qualified immunity.
Cited 8 timesUnpublished547 F.3d 1 · Court of Appeals for the First Circuit · Nov 5, 2008
Though the motion did not refer to "qualified immunity" or to "clearly established law," Gerrish contends he adequately raised that issue. … Gerrish did not refer to "clearly established law" and made no effort to address his argument to qualified immunity.
Abrogated on other grounds by Bloate v. United States, 559 U.S. 196 (2010)Cited 113 timesPublishedMorabito ex rel. Estate of Morabito v. Holmes
628 F. App'x 353 · Court of Appeals for the Sixth Circuit · Oct 7, 2015
We have “jurisdiction over the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Harris v. City of Circleville, 583 F.3d 356, 364 (6th Cir.2009) (citing Kirby v. … The qualified immunity inquiry for the denial of medical care similarly looks to see whether there was a violation of clearly established constitutional rights.
Cited 10 timesPublishedStachel v. City of Cape Canaveral
51 F. Supp. 2d 1326 · District Court, M.D. Florida · Jun 22, 1999
Qualified immunity shields government officials performing discretionary functions from civil Lability where “ ‘them conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, even if this use of force was unnecessary, the defendants are entitled to qualified immunity unless it was clearly established that the amount of force used was unlawful. See Goodman v.
Cited 12 timesPublished105 F.3d 493 · Court of Appeals for the Ninth Circuit · Jan 23, 1997
Further, the court held that even if such a right does exist, it was not clearly established when Carlo was arrested; and, therefore, Guerra was entitled to qualified immunity. … Qualified immunity asks what law was clearly established at the time the alleged violation occurred. In 1991, the Helms test was the clearly established law.
Cited 68 timesPublishedKovacic v. Cuyahoga County Department of Children & Family Services
809 F. Supp. 2d 754 · District Court, N.D. Ohio · Aug 25, 2011
Qualified Immunity Qualified immunity shields from liability government officials performing discretionary functions when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “The third inquiry impacts the analysis when despite the violation of a clearly established constitutional right, the official’s conduct was objectively reasonable, and so should still enjoy qualified immunity.” Id.
Cited 8 timesPublishedJack Frantz v. Village of Bradford, Shane Duffey
245 F.3d 869 · Court of Appeals for the Sixth Circuit · Apr 18, 2001
For the reasons set. forth below, we deny Duffey’s request for qualified immunity. … clearly established” and reasoned that “[t]he right must be asserted according to the Fourth Amendment because the Supreme Court, in Albright v.
Abrogated on other grounds by Lucinda Darrah v. City of Oak Park, Russell Bragg, a Troy Police Officer, 255 F.3d 301 (2001)Cited 155 timesPublishedDudek v. Nassau County Sheriff's Department
991 F. Supp. 2d 402 · District Court, E.D. New York · Nov 19, 2013
The standard for qualified immunity is "objective,” and not "subjective,” reasonableness, "as measured by reference to clearly established law” about which a "reasonably competent public official should know.” … for qualified immunity purposes. .
Cited 26 timesPublishedSmith v. Four Corners Mental Health Center, Inc.
473 Utah Adv. Rep. 50 · Utah Supreme Court · May 13, 2003
For the Randalls to benefit from this prior decision granting immunity to DHS, they must clearly establish a relationship with DHS that legally qualifies them to receive the same treatment. 126 The Randalls argue that they … by the Randalls do not, however, clearly establish that they were employees of DHS rather than independent contractors.
Cited 68 timesPublishedBrandon Tun v. Joselyn Whitticker and Judith Platz
398 F.3d 899 · Court of Appeals for the Seventh Circuit · Feb 16, 2005
Analysis of whether qualified immunity applies requires a two-step inquiry. … Phrasing it in qualified immunity terms, counsel at oral argument said that the school officials should have known that it is clearly established that they could not discipline Tun when there was no evidence of wrongdoing
Cited 83 timesPublished945 F.2d 1155 · Court of Appeals for the Tenth Circuit · Sep 24, 1991
Qualified Immunity In assessing a defense of qualified immunity, the court must determine *1161 the objective reasonableness of the challenged conduct by reference to the law clearly established at the time of the alleged … That standard was clearly established at the time the challenged incident took place.” Dixon v. Richer, 922 F.2d 1456, 1461-62 (10th Cir.1991).
Abrogated on other grounds by Johnson v. Jones, 515 U.S. 304 (1995)Cited 52 timesPublished138 F. Supp. 3d 1086 · District Court, D. Nebraska · Sep 30, 2015
R.Civ.P. 12(b)(6) and absolute immunity or, in the alternative, qualified immunity. a. … State officials enjoy qualified immunity from a § 1983 action if their conduct did not violaté “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.
Cited 29 timesPublished258 F.R.D. 626 · District Court, E.D. California · Jul 29, 2009
immunity because the violation was not “clearly established.” cf. … Turning to the two factors for qualified immunity identified in Saucier the court on this issue will first inquire into whether the right was “clearly established.”
Cited 10 timesPublished
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