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  • Crowley v. Board of Zoning Appeals of the Inc. Village of Southampton

    872 F. Supp. 1171 · District Court, E.D. New York · Jan 7, 1995

    The Complaint should be Dismissed Against the Individual Defendants on the Basis of Qualified Immunity. … A government official performing a discretionary function is entitled to qualified immunity if (1) his or her conduct does not violate a clearly established constitutional or statutory right of which a reasonable person would

    Cited 1 timesPublished
  • Little Traverse Bay Bands of Odawa Indians Tribal Council Members v. Harrington

    13 Am. Tribal Law 287 · Little Traverse Bay Bands of Odawa Indians Tribal Appellate Court · Mar 5, 2015

    The Appellate Court notes that the Tribal Council Members’ brief makes absolutely no reference to this Constitutional provision establishing qualified immunity for tribal officials and employees. … Tribal Immunity from Suit The Little Traverse Bay Bands of Oda-wa Indians, including all subordinate entities, shall be immune from suit except to the extent that the Tribal Council clearly and expressly waives its sovereign

    Cited 0 timesPublished
  • Brewster v. Shasta County

    27 F. App'x 908 · Court of Appeals for the Ninth Circuit · Dec 28, 2001

    in which the determination of qualified immunity depends on disputed issues of material fact.” … “clearly established right” violated by their suggestive conduct in relation to the photo array and live lineup.

    Cited 1 timesPublished
  • Rhodes v. Robinson

    408 F.3d 559 · Court of Appeals for the Ninth Circuit · Apr 25, 2005

    Rowland, 65 F.3d 802 , 806 & n. 4 (9th Cir.1995) ("[T]he prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes. … must first reiterate our firm recognition that "the prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes."

    Cited 2,103 timesPublished
  • Axson-Flynn v. Johnson

    356 F.3d 1277 · Court of Appeals for the Tenth Circuit · Feb 3, 2004

    “Qualified immunity shields public officials from [section] 1983 liability if their actions did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Because the law is clearly established and there exists a material factual issue as to the objective reasonableness of Defendants’ actions, the qualified immunity defense to the free speech claim must fail on summary judgment

    Cited 120 timesPublished
  • Erickson v. Hunter

    932 F. Supp. 1380 · District Court, M.D. Florida · Apr 10, 1996

    DISCUSSION (1) Qualified Immunity Defendant Don Hunter raises the issue of qualified immunity. … Qualified Immunity will shield public officials performing discretionary functions only to the extent that their actions do not violate clearly established constitutional rights. Harlow v.

    Cited 9 timesPublished
  • Kirby Ingram v. Louis Kubik

    Court of Appeals for the Eleventh Circuit · Apr 7, 2022

    If a defend- ant advances the affirmative defense of qualified immunity, the dis- trict court must dismiss any claims that fail to allege a violation of clearly established law. See id. … The officers are entitled to qualified immunity if the plaintiff fails to show either that there was some constitutional violation or that it was clearly established, and we may consider these two elements in either order

    Cited 0 timesPublished
  • Blanca Arizmendi v. Brownsville Indep Sch Dist

    919 F.3d 891 · Court of Appeals for the Fifth Circuit · Mar 26, 2019

    probable cause for a different charge from that sought in the warrant, but Gabbert is entitled to qualified immunity because this was not clearly established at the time of his conduct. … But Arizmendi has not persuaded us that Gabbert’s actions were then illicit by clearly established law. Gabbert is therefore entitled to qualified immunity.

    Cited 48 timesPublished
  • Edwards v. Quiros

    986 F.3d 187 · Court of Appeals for the Second Circuit · Jan 27, 2021

    Qualified immunity shields government officials from liability for civil damages as long as the officials’ conduct “does not violate clearly established statutory or constitutional rights of which … a reasonable person would have known.” 1 Because the district court found that prisoners do not have a clearly established right “to recreate free from restraints,” it granted qualified immunity to the defendants. 2

    Cited 16 timesPublished
  • Mahoney v. Hankin

    844 F.2d 64 · Court of Appeals for the Second Circuit · Apr 12, 1988

    clearly established at the time of the conduct in issue.” … In evaluating Hankin’s qualified immunity defense to these allegations, we must assess the “objective legal reasonableness” of his actions “in light of the legal rules that were ‘clearly established’ at the time [those actions

    Cited 21 timesPublished
  • C.B. v. Sonora School District

    691 F. Supp. 2d 1123 · District Court, E.D. California · Sep 22, 2009

    Qualified Immunity. … Qualified immunity serves to shield government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

    Cited 24 timesPublished
  • Villagrana v. Kernan

    District Court, N.D. California · Jun 12, 2025

    immunity grounds. … Under Ninth Circuit law, qualified immunity is not 4 available to private defendants in a section 1983 suit. Danielson v.

    Cited 0 timesUnknown
  • Alberto F. Morales v. James Haynes and Virginia Perez, Revenue Officers of Irs

    890 F.2d 708 · Court of Appeals for the Fifth Circuit · Nov 9, 1989

    We hold that the plaintiffs have not shown that the defendants violated any “clearly established” right and that the defendants are entitled to the defense of qualified immunity. We therefore reverse. … established” as to deprive the defendant of his qualified immunity. 702 F.2d at 584 .

    Cited 15 timesPublished
  • Aczel v. Labonia

    92 F. App'x 17 · Court of Appeals for the Second Circuit · Feb 12, 2004

    facts plaintiff invokes constitutional rights that were clearly established at the time of the event. … established at the time.

    Cited 1 timesPublished
  • Velharticky v. Independent School District No. 3 of Roger Mills County

    846 F. Supp. 941 · District Court, W.D. Oklahoma · May 17, 1993

    Therefore, the Court grants summary judgment in favor of all Defendants and against Plaintiff. 2 QUALIFIED IMMUNITY Qualified immunity is available to government officials unless they violate clearly established statutory … Clearly, the board members receipt of complaints and other investigative activities does not violate a clearly established law.

    Cited 3 timesPublished
  • Knight Ex Rel. Kerr v. Miami-Dade County

    856 F.3d 795 · Court of Appeals for the Eleventh Circuit · May 5, 2017

    As this Court has often observed, “qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional … “[T]o receive qualified immunity, an official must first establish that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.”

    Cited 186 timesPublished
  • Bradford v. Wiggins

    516 F.3d 1189 · Court of Appeals for the Tenth Circuit · Feb 20, 2008

    If so, we must then determine *1196 whether the right was clearly established. Id. … right was clearly established.

    Cited 27 timesPublished
  • McPherson v. Auger

    842 F. Supp. 25 · District Court, D. Maine · Jan 6, 1994

    Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (establishing the standard for assessing whether an officer is shielded from civil liability suits by qualified immunity). … Hence, Defendant Auger is protected by qualified immunity from Plaintiffs civil damages suit.

    Cited 11 timesPublished
  • Edwards v. Gilbert

    867 F.2d 1271 · Court of Appeals for the Eleventh Circuit · Feb 28, 1989

    Joyner, 865 F.2d 1187, 1189 (11th Cir.1989). 6 Once a defendant advances a defense of qualified immunity, he is entitled to summary judgment unless "the legal norms allegedly violated by the defendant were clearly established … established" for purposes of qualified immunity at the time of Molbert's death.

    Cited 85 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 63 timesPublished

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