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584 F.3d 888 · Court of Appeals for the Tenth Circuit · Oct 19, 2009
entitled to qualified immunity.” … Clearly Established Law The next question is whether the right at issue was clearly established at the time of the alleged unlawful incident.
Cited 125 timesPublishedParker v. Board of Regents of the Tulsa Junior College
981 F.2d 1159 · Court of Appeals for the Tenth Circuit · Dec 17, 1992
Once a defendant asserts qualified immunity, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.” … facts are in dispute which would defeat the claim of qualified immunity.
Cited 5 timesPublished248 Ga. App. 141 · Court of Appeals of Georgia · Jan 23, 2001
Once that is established, the burden then shifts to the plaintiff to establish that the defendant violated a clearly established statutory or constitutional right. … This requirement that plaintiff show a clearly established right is a strenuous one. . . .
Cited 4 timesPublished827 F.2d 306 · Court of Appeals for the Eighth Circuit · Aug 21, 1987
Newton and Barr are entitled to qualified immunity unless their actions violated clearly established law. Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2818 , 86 L.Ed.2d 411 (1985); Harlow v. … It follows a fortiori that neither the *309 arrest nor the subsequent transfer of custody to Barr violated clearly established law.
Cited 29 timesPublished842 F.3d 133 · Court of Appeals for the First Circuit · Nov 22, 2016
Qualified Immunity Framework Qualified immunity analysis, which forecloses Speaker Eves’s damages claims, encompasses two inquiries. … Oct. 24, 2016) (affording qualified immunity to elected official, for lack of clearly established law, in part because “it has never been established that a governmental official who does not himself retaliate but instead
Cited 13 timesPublished164 F.3d 132 · Court of Appeals for the Second Circuit · Jan 15, 1999
the qualified immunity issue can[ ]not be resolved before trial. … the federal right allegedly infringed was “clearly established,” ....
Cited 18 timesPublished258 F. Supp. 3d 761 · District Court, N.D. Mississippi · Jul 11, 2017
right was ‘clearly established’ at the time of the challenged conduct.”’” … immunity; the law was clearly established that “no reasonable officer could .have thought that this amount of force was legal under the circumstances,” even though there was no case directly on point.
Cited 0 timesPublished957 F. Supp. 584 · District Court, M.D. Pennsylvania · Mar 5, 1997
of clearly established law.” … While we conclude here that Johnson is correct in so finding, we must also conclude that this was not clearly established law in April of 1993. Defendants are, therefore, entitled to qualified immunity. D.
Reversed on other grounds by Michael W. Showers v. Steven A. Spangler, 182 F.3d 165 (1999)Cited 5 timesPublishedKarchefske v. Department of Mental Health
143 Mich. App. 1 · Michigan Court of Appeals · May 20, 1985
S Ct 855 ; 55 L Ed 2d 24 (1978) (qualified immunity for *6 prison officials and officers), Scheuer v Rhodes, 416 US 232 ; 94 S Ct 1683 ; 40 L Ed 2d 90 (1974) (qualified immunity for governor and other executive officers) … Clearly, the sovereign immunity of the states was well established at common law at the time that § 1983 was enacted.
Cited 13 timesPublishedTheadore Black v. Thomas A. Coughlin III
76 F.3d 72 · Court of Appeals for the Second Circuit · Feb 9, 1996
immunity a “defendant must establish that he had an objectively reasonable belief that his act violated no clearly established rights,” id. at 54 ), cert. denied, — U.S. -, 115 S.Ct. 1837 , 131 L.Ed.2d 756 (1995); Walker … Moreover, to the extent that Black claims that Ryan was biased against him, it is not a given that Ryan would be entitled to qualified immunity as a matter of law, for it has long been clearly established that an inmate subject
Cited 306 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 timesPublished195 F. Supp. 2d 832 · District Court, E.D. Texas · Dec 18, 2001
Deputy Havard defends by stating qualified immunity bars all these claims brought against him by the plaintiff. A. Federal Qualified Immunity Standard Qualified immunity “reconciled] two competing interests. … The analysis of a qualified immunity claim requires the court: (1) to determine whether the plaintiff has alleged a violation of a clearly established constitutional right and (2) if so, then the court must decide if the
Cited 2 timesPublishedConnecticut Criminal Defense Lawyers Ass'n v. Forst
88 F.3d 111 · Court of Appeals for the Second Circuit · Jul 3, 1996
On appeal, defendants contend that they are entitled to qualified immunity principally because at the pertinent times it was not clearly established that tape-recording telephone calls, without ever listening to them, violated … Summary judgment dismissing a claim on the basis of the defendants’ qualified-immunity defense may thus be granted if the court finds that the asserted rights were not clearly established, or if the evidence is such that,
Cited 4 timesPublished69 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 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 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 timesPublished918 F. Supp. 91 · District Court, S.D. New York · Jan 30, 1996
Therefore, defendant is entitled to qualified immunity from civil damages. III. … That is a separate issue which goes to qualified immunity, and it is examined below. See Davis v.
Reversed on other grounds by Bobby Williams v. Robert B. Greifinger, Deputy Commissioner and Chief Medical Officer of the New York State Department of Correctional Services, 97 F.3d 699 (1996)Cited 3 timesPublishedAnthony Coons, Sr. v. Steven F. Casabella
284 F.3d 437 · Court of Appeals for the Second Circuit · Mar 25, 2002
Qualified Immunity We review de novo the district court’s denial of summary judgment on the ground of qualified immunity. Cerrone v. Brown, 246 F.3d 194, 198 (2d Cir.2001). … A police officer is entitled to qualified immunity in making arrests where “(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it
Cited 38 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 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 timesPublished
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