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  • Hart v. O'Brien

    127 F.3d 424 · Court of Appeals for the Fifth Circuit · Nov 6, 1997

    Generally speaking, qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a “clearly established- [federal] statutory or constitutional … One important difference, however, is that official immunity does not incorporate the requirement that the plaintiff show the violation of a clearly established right.

    Abrogated on other grounds by Kalina v. Fletcher, 522 U.S. 118 (1997)Cited 165 timesPublished
  • Victor R. Rodriguez-Burgos v. Electric Energy Authority

    853 F.2d 31 · Court of Appeals for the First Circuit · Aug 3, 1988

    We address the qualified immunity question first. II. QUALIFIED IMMUNITY A. … The defendants were thus entitled to qualified immunity from the plaintiff’s damages claims since the plaintiff held the type of upper-level management or administrative post that was not clearly protected against patronage

    Cited 21 timesPublished
  • Hagemeier v. Block

    806 F.2d 197 · Court of Appeals for the Eighth Circuit · Nov 26, 1986

    Qualified Immunity. … Government officials performing discretionary functions are protected from liability for civil damages under the doctrine of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional

    Cited 31 timesPublished
  • Cruz v. Green

    352 F. Supp. 3d 1213 · District Court, S.D. Florida · Jan 7, 2019

    DISCUSSION Captain Green argues that she is entitled to qualified immunity because she acted within the scope of her official duties and did not violate any clearly established statutory or constitutional rights. … See Callahan , 555 U.S. at 241 , 129 S.Ct. 808 (permitting district courts to evaluate whether § 1983 defendants violated clearly established law as the initial step in a qualified immunity analysis).

    Cited 0 timesPublished
  • Mesa v. Prejean

    543 F.3d 264 · Court of Appeals for the Fifth Circuit · Sep 23, 2008

    Because of that uncertainty, we must take the next sequential step in qualified immunity analysis and ask whether “a reasonably competent officer would not have known his actions violated then-existing clearly established … Tarazona “must show that the legality of her conduct was clearly established.” Id.

    Cited 87 timesPublished
  • Doran by and Through Doran v. Condon

    5 F. Supp. 2d 1067 · District Court, D. Nebraska · May 26, 1998

    Qualified immunity is a question of law. … Thus, the defendants are entitled to qualified immunity. B. Count II S.

    Cited 3 timesPublished
  • Orange v. County of Grundy

    950 F. Supp. 1365 · District Court, E.D. Tennessee · Apr 12, 1996

    legal rules that were “clearly established” at the time it was taken. … that their conduct violated any of plaintiffs’ clearly established constitutional rights.

    Cited 3 timesPublished
  • Forsyth v. Kleindienst

    729 F.2d 267 · Court of Appeals for the Third Circuit · Mar 8, 1984

    The district court reasoned that because Mitchell failed to establish an objective basis for believing his action to be lawful at the time he authorized the wiretaps in question, the clearly established law made his warrantless … Appealability of Summary Denial of Qualified Immunity Defendant Mitchell appeals also the district court’s summary denial of his qualified immunity claim.

    Cited 24 timesPublished
  • Baird v. Holton

    806 F. Supp. 2d 53 · District Court, District of Columbia · Aug 22, 2011

    The doctrine of qualified immunity “shields a government official from civil liability if his conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … See Ali, 2011 WL 2462851, at *4 (qualified immunity protects a government official from civil liability when his actions do not violate “clearly established statutory or constitutional rights of which a reasonable person

    Cited 6 timesPublished
  • Rockefeller v. United States Court of Appeals Office, for the Tenth Circuit Judges

    248 F. Supp. 2d 17 · District Court, District of Columbia · Feb 7, 2003

    The Supreme Court has established two avenues by which public officials may receive immunity from personal liability in a civil action for damages: absolute and qualified immunity. … A public official performing a discretionary function receives qualified immunity in a civil action, provided that his or her conduct does not violate “clearly established federal statutory or constitutional rights” of which

    Cited 74 timesPublished
  • Hunt v. City of Toledo Law Department

    881 F. Supp. 2d 854 · District Court, N.D. Ohio · Jul 30, 2012

    Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), the Supreme Court established a two part test for determining the applicability of qualified immunity in § 1983 actions. … As a general rule, the default position is that qualified immunity applies.

    Cited 14 timesPublished
  • Flanagan v. Anne Arundel County

    593 F. Supp. 2d 803 · District Court, D. Maryland · Jan 22, 2009

    A motion to dismiss based on qualified immunity must be granted unless plaintiffs state plausible facts that the defendants violated their clearly established federal rights. McKenna v. … A court should approach qualified immunity in three stages: (1) whether a constitutional right has been violated; (2) whether that right was clearly established at the time of the violation, and (3), if so, then whether a

    Cited 3 timesPublished
  • Davis v. Powell

    901 F. Supp. 2d 1196 · District Court, S.D. California · Oct 4, 2012

    Qualified Immunity All of the Defendants argue they are entitled to qualified immunity from liability on the First and Fourteenth Amendment claims because they did not violate clearly established constitutional law, and they … Castro, 621 F.3d at 1199 (stating that courts can grant qualified immunity on the basis of the clearly established prong alone) (citing Rowlands, 606 F.3d at 651 ).

    Cited 48 timesPublished
  • Duran v. City Of Douglas

    904 F.2d 1372 · Court of Appeals for the Ninth Circuit · Jun 4, 1990

    However, the Supreme Court has established a limited exception to this rule: "[A] district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable 'final decision' … The legal issues involved in that appeal--whether Aguilar violated clearly established constitutional protections--are identical to those governing the question of Aguilar's qualified immunity.

    Cited 101 timesPublished
  • Sterling Hotels, LLC v. Scott McKay

    Court of Appeals for the Sixth Circuit · Jun 22, 2023

    To overcome McKay’s assertion of qualified immunity at this stage, Sterling need only plausibly allege that McKay violated its clearly established constitutional rights. … McKay’s potential individual liability for a regulatory takings claim was not clearly established when he sealed the elevators. That means McKay is entitled to qualified immunity on this claim.

    Cited 0 timesPublished
  • Rayfield v. Grand Rapids, City of

    373 F. Supp. 3d 962 · District Court, W.D. Michigan · Jul 17, 2018

    If either factor is not satisfied, qualified immunity shields the officer from damages. … . *970 In sum, "[t]o survive [a] motion to dismiss on qualified-immunity grounds, the plaintiff must allege facts that 'plausibly mak[e] out a claim that the defendant's conduct violated a constitutional right that was clearly

    Cited 5 timesPublished
  • Bates v. ST. LUCIE COUNTY SHERIFF'S OFFICE

    31 So. 3d 210 · District Court of Appeal of Florida · Feb 24, 2010

    Therefore, the plaintiff argues the Sheriffs absolute immunity is limited to qualified immunity based upon whether there was a disclosure of knowingly false information. … Section 943.139(4) fails to clearly abrogate, limit, or qualify the absolute immunity provided the Sheriff under common law. For these reasons, we affirm. Affirmed. GROSS, C.J., and CIKLIN, J., concur. 1 .

    Cited 3 timesPublished
  • Opinion Number

    Louisiana Attorney General Reports · Sep 18, 2001

    Second is qualified immunity, which protects an official from liability unless the official clearly violates an established statutory or constitutional right. The court in Lucas v. Parish of Jefferson , 999 F. … Under this rationale, a person, such as a prosecutor, could have absolute immunity for some of his conduct but only qualified immunity for other of his job-related activities.

    Cited 0 timesPublished
  • Anderson v. City of Hopkins

    805 F. Supp. 2d 712 · District Court, D. Minnesota · Mar 28, 2011

    Clearly Established Right The second step in determining if qualified immunity applies is whether the constitutional right at issue was clearly established. … Thus, qualified immunity does not apply as to Kreiling. IV.

    Cited 4 timesPublished
  • Boyer v. County of Washington

    971 F.2d 100 · Court of Appeals for the Eighth Circuit · Jul 10, 1992

    Finally, DeClue asserts that notwithstanding any factual dispute, she is entitled to qualified immunity because the law is not clearly established that the Fourth Amendment requires determination of probable cause before, … Likewise, because qualified immunity is “an immunity from suit rather than a mere defense to liability,” the denial of a claim of qualified immunity is also immediately appealable. Id. at 526-27 , 105 S.Ct. at 2815-16 .

    Cited 10 timesPublished

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