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  • Borucki v. Ryan

    658 F. Supp. 325 · District Court, D. Massachusetts · Aug 20, 1986

    established and Ryan would be entitled to qualified immunity under Harlow v. … Moreover, this right was clearly established at the time of the alleged deprivation, so defendant Ryan may not successfully invoke qualified good faith immunity at this stage.

    Cited 3 timesPublished
  • KRISTINA MOFFATT VS. PARSIPPANY TROY HILLS BOARD OF EDUCATION (L-2437-14, MORRIS COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Nov 16, 2018

    Immunity applies when snow or ice is the alleged cause of the accident. … Super. at 269 ("In the absence of a clearly established landlord-tenant relationship, our courts have previously rejected attempts by slip and fall plaintiffs to classify a particular public entity as akin to a commercial

    Cited 0 timesUnpublished
  • Ronnie Jackson v. Jeff Gutzmer

    866 F.3d 969 · Court of Appeals for the Eighth Circuit · Aug 10, 2017

    This is an interlocutory appeal from the denial of qualified immunity, a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which … “The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.” Id. at 592.

    Cited 117 timesPublished
  • Conde v. City of Atl. City

    293 F. Supp. 3d 493 · District Court, D. New Jersey · Dec 5, 2017

    The doctrine of qualified immunity provides that "government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Proceeding with the qualified immunity analysis regarding Officer Smith's use of deadly force, the Court finds that Mack's right to be free from excessive, deadly force was clearly established on the night of the shooting

    Cited 10 timesPublished
  • Barry Wion v. Janie Cockrell, Ann Byrom, J. Missildine, A.R. Massingil, and Kelli Ward

    Texas Court of Appeals, 10th District (Waco) · Mar 30, 2011

    Qualified Immunity Wion contends that the trial court erred when it found he failed to state material facts that would overcome the TDCJ employees’ qualified immunity defense. … legal rules that were "clearly established" at the time it was taken.

    Cited 0 timesPublished
  • Loumiet v. United States of America

    255 F. Supp. 3d 75 · District Court, District of Columbia · Jun 13, 2017

    , and qualified immunity. 1. … basis of qualified immunity.

    Cited 8 timesPublished
  • Clayton v. City of Kingston

    44 F. Supp. 2d 177 · District Court, N.D. New York · Apr 23, 1999

    Overcoming qualified immunity entails a two-part process: “First, a plaintiff must allege the violation of a clearly established constitutional or statutory right. … A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to “state a claim of violation of clearly established law.” See Connell v.

    Cited 11 timesPublished
  • Treon v. Whipple

    212 F. Supp. 2d 285 · District Court, D. Vermont · Jul 9, 2002

    “Qualified immunity protects a government official from suit for any actions that did not violate a clearly established constitutional right and those actions as to which the official had an objectively reasonable good faith … “The first inquiry to be made concerning qualified immunity is whether the plaintiff has ‘allegefd] the violation of a clearly established constitutional right’.” Id. (citing Siegert v.

    Cited 1 timesPublished
  • Berbick v. Precinct 42

    977 F. Supp. 2d 268 · District Court, S.D. New York · Sep 27, 2013

    Defendants Jordan and Bragg, however, must establish either the reasonableness of the search or qualified immunity. b. The Reasonableness of the Frisk Frisks are reasonable when necessary to protect officer safety. … Qualified Immunity Even without undisputed facts showing that the search was reasonable, Defendants would be entitled to summary judgment if the undisputed facts supported a qualified immunity defense.

    Cited 10 timesPublished
  • Cavanagh v. Taranto

    95 F. Supp. 3d 220 · District Court, D. Massachusetts · Mar 31, 2015

    What an Objectively Reasonable Official Would Believe Under the Circumstances Although the right Cavanagh alleges is clearly established, to avoid qualified immunity the bounds and contours of a violation of that right must … suicide — “violated clearly established law.”

    Cited 4 timesPublished
  • Duke Grider v. B. Bowling

    785 F.3d 1248 · Court of Appeals for the Eighth Circuit · May 11, 2015

    Officer Bowling is entitled to qualified immunity unless he violated Grider's "clearly established statutory or constitutional rights." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … It is "clearly established that an officer who fails to intervene to prevent the unconstitutional use of excessive force by another officer may be held liable for violating the Fourth Amendment." Nance v.

    Cited 20 timesPublished
  • North

    District Court, S.D. California · Nov 17, 2025

    App’x 490, 493 (9th 4 Cir. 2017) (internal quotation marks omitted) (concluding defendants were entitled to 5 qualified immunity because it was not clearly established that depriving prisoner of a 6 mattress or bed … Mandeville, 706 F.3d 7 1052, 1060 (9th Cir. 2013) (finding defendants entitled to qualified immunity because it 8 was not clearly established that mattress deprivation for seven days violated Eighth 9 Amendment

    Cited 0 timesUnknown
  • Wheeler v. City of Lansing

    677 F. Supp. 2d 965 · District Court, W.D. Michigan · Jan 6, 2010

    “Ordinarily, a Supreme Court or Sixth Circuit [Court of Appeals] decision on point is necessary” to clearly establish the right in the relevant context and defeat qualified immunity. Reynolds v. … On qualified immunity analysis, this court’s duty is to ascertain what our Circuit’s clearly established law was on the date of the challenged search.

    Cited 2 timesPublished
  • Herrera v. Davila

    272 F. Supp. 2d 154 · District Court, D. Puerto Rico · Jul 17, 2003

    Id. 1) Qualified Immunity and Indifference to Medical Needs Qualified immunity shields officials from having to pay for damages resulting from violations of § 1983 provided “their conduct does not violate clearly established … it occurred, transgressed a clearly established right.”

    Cited 3 timesPublished
  • Larsen v. State Employees' Retirement System

    553 F. Supp. 2d 403 · District Court, M.D. Pennsylvania · May 15, 2008

    “Qualified immunity shields state officials from suit when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Burella v. … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

    Cited 44 timesPublished
  • Hicks v. City of Watonga

    942 F.2d 737 · Court of Appeals for the Tenth Circuit · Aug 19, 1991

    QUALIFIED IMMUNITY We review the denial of a qualified immunity claim de novo. McEvoy, 882 F.2d at 465 . … The appellants are entitled to qualified immunity on the property interest claim unless they violated Mr. Hicks’ clearly established right. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

    Cited 210 timesPublished
  • Anderson v. Board of Regents

    822 F. Supp. 2d 1342 · District Court, N.D. Georgia · Sep 30, 2011

    Qualified immunity confers complete protection upon government officials sued in their personal capacities unless their conduct “ ‘violate[s] clearly established statutory or constitutional rights of which a reasonable person … In addition, in order to avoid summary judgment on qualified immunity grounds, plaintiff must show that the property or liberty interest was well established and that the process he received was clearly inadequate.

    Cited 2 timesPublished
  • Jane Doe v. Francis D. Phillips, Ii, Gerald D. D'amelia, Jr.

    81 F.3d 1204 · Court of Appeals for the Second Circuit · Apr 22, 1996

    Qualified Immunity In support of his defense of qualified immunity, D’Amelia argues, inter alia, that he did not violate any clearly established constitutional rights because he and his colleagues knew of no ease holding … Government officials may enjoy a privilege of qualified immunity from liability for damages arising out of their performance of discretionary official functions so long as their conduct “does not violate clearly established

    Cited 84 timesPublished
  • Risbridger v. Connelly

    275 F.3d 565 · Court of Appeals for the Sixth Circuit · Jan 4, 2002

    Three other circuits, on the other hand, have held that a right to refuse to identify oneself during a valid Terry stop was not clearly established for purposes of qualified immunity. See Oliver v. … Because the right must have been clearly established at the time the officer act *572 ed in order to defeat the claim to qualified immunity, we do not discuss the reasoning of these cases. .

    Cited 63 timesPublished
  • Dobos v. Driscoll

    404 Mass. 634 · Massachusetts Supreme Judicial Court · Apr 19, 1989

    Qualified immunity pursuant to § 1983. Under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), the doctrine of qualified immunity applies only to “discretionary functions.” … The doctrine of qualified immunity has both an objective and a subjective element.

    Cited 86 timesPublished

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