Case law
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Beckinger v. TOWNSHIP OF ELIZABETH
697 F. Supp. 2d 610 · District Court, W.D. Pennsylvania · Mar 17, 2010
A broad and generalized declaration that a clearly established federal right was violated is insufficient. … The relevant conduct in Reilly occurred prior to Garcetti at a time when the right was clearly established.
Cited 3 timesPublished119 F.3d 1303 · Court of Appeals for the Eighth Circuit · Jul 23, 1997
Qualified Immunity 17 Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would … Id. 21 We take a broad view of what constitutes "clearly established" under the qualified immunity analysis. Munz v. Michael, 28 F.3d 795, 799 (8th Cir.1994).
Cited 41 timesPublished86 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 timesPublished86 F.3d 1391 · Court of Appeals for the Fifth Circuit · Jul 10, 1996
The Supreme Court reversed, holding that the order denying qualified immunity was collateral order immediately appealable under Cohen . … A second major conception animating all of the immunity doctrines is that “where an official’s duties legitimately require action in which clearly established rights are not implicated, the public interest may be better served
Cited 31 timesPublishedDennis Hamilton v. Roger v. Endell
981 F.2d 1062 · Court of Appeals for the Ninth Circuit · Dec 15, 1992
Qualified Immunity Claim “Government officials who perform discretionary functions are protected from liability for civil damages as long as ‘their conduct does not violate clearly established statutory or constitutional … Qualified immunity is an affirmative defense; if the plaintiff proves that the right allegedly violated was clearly established, the burden shifts to the defendant official to prove that his or her conduct was reasonable
Overruled in part, on other grounds by John Snow v. E.K. McDaniel, 681 F.3d 978 (2012)Cited 304 timesPublishedMary Elizabeth Dunn v. Mike Denk, Cross-Appellee
79 F.3d 401 · Court of Appeals for the Fifth Circuit · Mar 19, 1996
The question before us is whether Denk was entitled to qualified immunity as a matter of law. We begin by determining whether Dunn alleged the violation of a clearly established constitutional right. … arrestee] are clearly established or not,” Dunn v.
Cited 55 timesPublished256 F. Supp. 3d 719 · District Court, W.D. Michigan · Jun 21, 2017
Once the qualified immunity defense is raised, the plaintiff bears the burden of demonstrating both that the challenged conduct violates a constitutional or statutory right and that the right was so clearly established at … However, “to satisfy the second prong of the [qualified-immunity] .standard, plaintiff must show that the right was clearly established in a ‘particularized sense,’ such that a reasonable officer confronted with the same
Cited 3 timesPublishedNguyen 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 timesPublished117 F.3d 866 · Court of Appeals for the Fifth Circuit · Jul 15, 1997
For example, where the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a search required probable cause … Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991), the Court stated that in a qualified immunity case, “the first inquiry” is whether the plaintiff has “failed to allege the violation of a clearly established
Cited 189 timesPublished127 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 timesPublished806 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 timesPublished352 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 timesPublishedDoran 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 timesPublished225 F.3d 440 · Court of Appeals for the Fourth Circuit · Aug 29, 2000
If so, we may proceed to determine whether Detective Broderick is entitled to qualified immunity or whether, because he ran afoul of clearly established constitutional rights, he is to be held personally accountable for his … Detective Broderick argues that he is protected by qualified immunity because it was not clearly established in August 1998 that patients in drug treatment facilities had a legitimate expectation of privacy in their files
Cited 173 timesPublishedRockefeller 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 timesPublished806 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 timesPublished904 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 timesPublishedHunt 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 timesPublishedFlanagan 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 timesPublished901 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
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