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  • Orin v. Barclay

    272 F.3d 1207 · Court of Appeals for the Ninth Circuit · Nov 9, 2001

    Qualified immunity shields them “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Orin’s First Amendment rights, in the context of this case, were clearly established.

    Cited 66 timesPublished
  • Fred Arispe Cruz, Cross-Appellants v. Dr. George Beto and W. J. Estelle, Jr., Director, Texas Department of Corrections, Cross-Appellees

    603 F.2d 1178 · Court of Appeals for the Fifth Circuit · Oct 5, 1979

    Although at the time of this trial the qualified immunity defense had not yet been established in such cases, it is now settled that Beto’s exposure to liability for damages under section 1983 is limited by the qualified … Under the first part, persons clothed with this qualified shield lose its protection if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or

    Cited 56 timesPublished
  • Conroy v. Caron

    275 F. Supp. 3d 328 · District Court, D. Connecticut · Aug 8, 2017

    That is because the doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Moreover, their entry into the garages under these . assumed circumstances violated clearly established law, such that they are- not entitled at this time to the protection of qualified immunity. 5 *344 2.

    Cited 29 timesPublished
  • Kwai Fun Wong v. United States

    373 F.3d 952 · Court of Appeals for the Ninth Circuit · Jun 25, 2004

    No doubt we do over the qualified immunity issue. … Whether the Law Was Clearly Established 108 Even where a constitutional violation has occurred, whether an official asserting qualified immunity may be held liable "generally turns on the `objective legal reasonableness'

    Cited 93 timesPublished
  • Pfeil v. Lampert

    11 F. Supp. 3d 1099 · District Court, D. Wyoming · Mar 31, 2014

    Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. … Callahan, 555 U.S. 223, 236 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009), we held that courts may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law, without resolving

    Cited 8 timesPublished
  • Adewale v. Whalen

    21 F. Supp. 2d 1006 · District Court, D. Minnesota · Aug 7, 1998

    A government official performing discretionary functions is entitled to qualified immunity if his conduct does not violate “clearly established” constitutional or statutory rights of “which a reasonable person would have … cause is the clearly established standard for making an arrest.

    Cited 13 timesPublished
  • Copsey v. Swearingen

    762 F. Supp. 1250 · District Court, M.D. Louisiana · Apr 23, 1991

    Qualified Immunity Defendants next assert qualified immunity. … Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions assessed in light of clearly established law.

    Cited 4 timesPublished
  • Johnson v. Wolgemuth

    257 F. Supp. 2d 1013 · District Court, S.D. Ohio · Mar 10, 2003

    established and that the Defendants are therefore entitled to qualified immunity. … established right, qualified immunity cannot attach on summary judgment. 882 F.2d at 215-16 .

    Cited 5 timesPublished
  • Moffitt v. Town of Brookfield

    950 F.2d 880 · Court of Appeals for the Second Circuit · Dec 20, 1991

    The doctrine of qualified immunity provides that: government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … legal rules that were ‘clearly established’ at the time it was taken.”

    Cited 144 timesPublished
  • Moore v. Gunnison Valley Hospital

    170 F. Supp. 2d 1080 · District Court, D. Colorado · Oct 22, 2001

    When qualified immunity is raised in a Fed.R.Civ.P. 12(b)(6) motion, the plaintiff must carry the burden of establishing that the defendant violated clearly established law. … right was clearly established.”

    Cited 1 timesPublished
  • Brown v. McElroy

    160 F. Supp. 2d 699 · District Court, S.D. New York · Sep 4, 2001

    It is well-established that qualified immunity acts to shield government officials from liability under section 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … their actions did not violate a clearly established right.

    Cited 10 timesPublished
  • White v. Gerardot

    509 F.3d 829 · Court of Appeals for the Seventh Circuit · Dec 5, 2007

    It is well established, of course, that a denial of qualified immunity is only appealable “to the extent that it turns on an issue of law.” Mitchell, 472 U.S. at 530 , 105 S.Ct. 2806 . … Detective Gerardot claims that he is entitled to qualified immunity because his use of deadly force did not violate Ford’s constitutional rights and, in any event, those rights were not clearly established at the time of

    Cited 29 timesPublished
  • Lopez Lopez v. Aran

    699 F. Supp. 365 · District Court, D. Puerto Rico · Nov 14, 1988

    At the close of the plaintiff’s case, the defendants moved for a directed verdict on the basis of qualified immunity. … For reasons that follow, the Court GRANTS the motion and directs a verdict in favor of the defendants on the basis of qualified immunity. *366 The doctrine of qualified immunity applies to government officials performing

    Cited 2 timesPublished
  • Wilkinson v. Torres

    610 F.3d 546 · Court of Appeals for the Ninth Circuit · Jul 6, 2010

    However, an officer using deadly force is entitled to qualified immunity, unless the law was clearly established that the use of force violated the Fourth Amendment. See Brosseau v. … The qualified immunity inquiry consists of two parts: (1) “whether the facts that a plaintiff has alleged ... or shown ... make out a violation of a constitutional right,” and (2) “whether the right at issue was ‘clearly

    Cited 299 timesPublished
  • Christophel v. Kukulinsky

    61 F.3d 479 · Court of Appeals for the Sixth Circuit · Aug 3, 1995

    The individual defendants moved for summary judgment, claiming that they were entitled to qualified immunity because they had not violated a clearly established constitutional right to procedural due process. … When a defendant asserts qualified immunity on summary judgment, the court may determine the currently applicable law and whether that law was clearly established at the time of the actions in question.

    Cited 65 timesPublished
  • Loch v. City of Litchfield

    837 F. Supp. 2d 1032 · District Court, D. Minnesota · Nov 17, 2011

    “Under the doctrine of qualified immunity, state actors are protected from civil liability when ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … right was clearly established at the time of the deprivation.’ ” Parrish v.

    Cited 3 timesPublished
  • Brooks v. Whiteford

    384 F. Supp. 3d 365 · District Court, W.D. New York · Jun 21, 2019

    The Supreme Court has recently explained that when a court is deciding whether a defendant is entitled to qualified immunity, "the clearly established right must be defined with specificity," that the court should not "define … Thus, the fact that the right to be from excessive force, as a general principle, has long been clearly established is not dispositive of whether an individual defendant is entitled to qualified immunity.

    Cited 6 timesPublished
  • William Cantrell v. DeKalb County

    Court of Appeals of Tennessee · Jul 10, 1996

    We have determined that the trial court erred because the undisputed facts demonstrate that the officers are entitled to qualified immunity because they acted reasonably and did not violate any of the church members’ clearly … THE QUALIFIED IMMUNITY DEFENSE The dispositive issue for this appeal is whether the law enforcement officials have presented undisputed facts demonstrating that they are entitled to qualified immunity as a matter

    Cited 0 timesPublished
  • Kennedy v. Osmanski, III

    District Court, D. Massachusetts · Nov 30, 2022

    Moreno, 919 F.3d 582, 600-01 (1st Cir. 2019) (holding that FBI agents were not entitled to qualified immunity in a Bivens action arising from a warrantless search of plaintiff’s home in … Moreover, First Circuit precedent establishes the viability of Bivens claims in the aftermath of an unreasonable search during a routine law enforcement investigation. See DeMayo v.

    Cited 0 timesUnknown
  • Brown v. Montana

    442 F. Supp. 2d 982 · District Court, D. Montana · Jun 12, 2006

    Qualified Immunity Defendants also argue that Wills is entitled to qualified immunity. … If the law was clearly established as to that social worker’s action, it likewise was clearly established here.

    Cited 3 timesPublished

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