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  • Hudson v. Hudson

    475 F.3d 741 · Court of Appeals for the Sixth Circuit · Jan 26, 2007

    Page 3 liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Katz, 533 U.S. 194, 200 (2001), to decide first whether the defendant’s conduct violated a federal right held by the plaintiff, id., and second whether that right was clearly established at the time of the violation.

    Cited 11 timesPublished
  • Greiner v. City of Champlin

    27 F.3d 1346 · Court of Appeals for the Eighth Circuit · Jul 5, 1994

    The district court held the federal claims were barred by qualified immunity and the state claims by official immunity. … An official loses immunity if, first, the law he violated was clearly established at the time of the violation, and second, the applicability of the law to his particular action was evident. Id.

    Cited 138 timesPublished
  • Malsh v. Austin

    901 F. Supp. 757 · District Court, S.D. New York · Oct 20, 1995

    Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was “objectively reasonable” for him to … For the plaintiff to overcome the qualified immunity defense, he must demonstrate that he possessed a clearly established constitutional right.

    Cited 60 timesPublished
  • Simmons v. Fabian

    743 N.W.2d 281 · Court of Appeals of Minnesota · Dec 31, 2007

    Qualified immunity, the most common variety, protects officials so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … By focusing on “the objective reasonableness of an official’s conduct, as measured by reference to clearly established law,” the test for qualified immunity is intended both to avoid excessively disrupting government functioning

    Cited 5 timesPublished
  • Thompson v. Williamson County, Tenn.

    965 F. Supp. 1026 · District Court, M.D. Tennessee · Apr 17, 1997

    the defendant did acts that violate clearly established rights. … In other words, if genuine issues of material fact exist as to whether the defendants actually did commit acts that would violate a clearly established right, then summary judgment on qualified immunity is improper.

    Cited 16 timesPublished
  • D. Scott Forrester, Conservator of the Estate of Jerry Bass Jerry Bass v. Mary Bass Tony Dixon, Kimberly Rosa Melissa Johnson

    397 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 timesPublished
  • Richard Ortega v. United States Immigration & Customs Enforcement

    737 F.3d 435 · Court of Appeals for the Sixth Circuit · Dec 10, 2013

    In a qualified-immunity case, a court may reject the constitutional claim on either of two grounds — either because no such constitutional right existed or because the constitutional right was not clearly established at the … clearly established at the time.

    Cited 29 timesPublished
  • Preschooler II v. Clark County School Bd. of Trustees

    479 F.3d 1175 · Court of Appeals for the Ninth Circuit · Mar 21, 2007

    of clearly established law. … Government officials do not enjoy qualified immunity from civil damages if their conduct violates "clearly established constitutional or statutory rights of which a reasonable person would have known." Harlow v.

    Cited 9 timesPublished
  • A.D. v. Markgraf

    636 F.3d 555 · Court of Appeals for the Ninth Circuit · Apr 6, 2011

    Markgraf moved for summary judgment on qualified immunity. … [1] To determine whether an officer such as Markgraf is entitled to qualified immunity, we inquire whether a constitu- tional right would have been violated on the facts alleged and whether the right was clearly established

    Cited 4 timesPublished
  • Nguyen v. Grain Valley R-5 School District

    353 S.W.3d 725 · Missouri Court of Appeals · Dec 13, 2011

    Where an affirmative defense is asserted in a motion to dismiss, a trial court may dismiss the petition only if the petition clearly establishes “on its face and without exception” that the defense applies and the claim is … But a “departmentally-mandated duty” may clearly arise from sources other than statutes or regulations.

    Cited 28 timesPublished
  • Ruffin v. Nicely

    183 F. App'x 505 · Court of Appeals for the Sixth Circuit · May 18, 2006

    The burden of proving that the right was clearly established “rests squarely on the plaintiff,” Cope v. … On appeal, Ruffin has not adequately challenged the district court’s holding that any rights violated were not clearly established. Ruffin only “submits that this was a clearly established Constitutional right.”

    Cited 3 timesUnpublished
  • Delgado v. City of New York

    86 A.D.3d 502 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2011

    “A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officer involved to believe that his or her conduct was appropriate under the circumstances, or that officers

    Cited 30 timesPublished
  • Goldwire v. City of Philadelphia

    130 F. Supp. 3d 936 · District Court, E.D. Pennsylvania · Sep 11, 2015

    An officer asserting an' entitlement to qualified immunity must claim that his conduct did not violate a clearly established constitutional right of which a reasonable officer would have known. Behrens v. … violated a constitutional right, and (2) whether the right was clearly established.

    Cited 7 timesPublished
  • Cora Arrington v. William McDonald Robert Nill

    808 F.2d 466 · Court of Appeals for the Sixth Circuit · Dec 30, 1986

    Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), a defendant may establish an entitlement to qualified immunity by “proving either that the law was not clearly established at the time of plaintiff’s alleged … injury, or, if the law was clearly established, that he neither knew or should have known of the relevant standard due to extraordinary circumstances.”

    Cited 10 timesPublished
  • 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
  • Romero v. City of Clanton

    220 F. Supp. 2d 1313 · District Court, M.D. Alabama · Sep 11, 2002

    When qualified immunity is asserted as a defense, a court must first determine whether the violation of a constitutional right is asserted, then determine whether that right was clearly established. See Wilson v. … is clearly established.

    Cited 7 timesPublished
  • Katherine Gardenhire and Walter Gardenhire v. Donald Schubert, in His Individual and Official Capacity as Chief of Police

    205 F.3d 303 · Court of Appeals for the Sixth Circuit · Mar 2, 2000

    The affirmative defense of qualified, or good faith, immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate ‘clearly established … Where a defendant moves for summary judgment based on qualified immunity, the plaintiff must first identify a clearly established right alleged to have been violated and second, establish that a reasonable officer in the

    Cited 466 timesPublished
  • Bensch v. Metropolitan Dade County

    798 F. Supp. 678 · District Court, S.D. Florida · May 4, 1992

    Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Supreme Court reiterated: “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity … Qualified immunity is an affirmative defense, however, so it may only be asserted in a 12(b)(6) motion when the “complaint itself establishes ... qualified immunity.” Green v.

    Cited 1 timesPublished
  • Carmack v. Trombley

    363 F. Supp. 2d 904 · District Court, E.D. Michigan · Mar 31, 2005

    Fitzgerald, the Supreme Court held that “government officials performing discretionary functions” are entitled to a qualified immunity from “liability for civil damages insofar as their conduct does not violate clearly established … to qualified immunity.

    Cited 1 timesPublished
  • Richard Burton v. Arkansas Secretary of State

    737 F.3d 1219 · Court of Appeals for the Eighth Circuit · Dec 17, 2013

    A government official is entitled to qualified immunity "from liability in a § 1983 action unless the official's conduct violates a clearly established constitutional or statutory right of which a reasonable person would … DeKalb Cnty., 62 F.3d 338, 340 (11th Cir. 1995) (reversing denial of qualified immunity on equal-protection retaliation claim because there is "no clearly established right . . . under the equal protection clause to be free

    Cited 52 timesPublished

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