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  • Knisley v. Pike County Joint Vocational School District

    604 F.3d 977 · Court of Appeals for the Sixth Circuit · May 14, 2010

    The defendants may still be entitled to qualified immunity if their actions did *982 not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Our Circuit’s clearly established ease law on this issue put the school and its employees on notice that this search was unconstitutional, so defendants are not entitled to qualified immunity protection.

    Cited 1 timesPublished
  • Estate of Smith v. Michigan

    256 F. Supp. 2d 704 · District Court, E.D. Michigan · Feb 7, 2003

    Qualified Immunity Defendants contend that they are entitled to qualified immunity on all federal constitutional claims. … Furthermore, when a defendant asserts a qualified immunity bar in a motion to dismiss a section 1983 claim, the plaintiffs complaint must *713 establish the violation of a clearly established constitutional right.

    Cited 4 timesPublished
  • William C. Bennett, AKA John A. Richardson v. Garrison A. Parker, Warden, Robert M. Jackson, Officer, Daniel W. Cooper, Officer

    898 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

    Although intertwined with issues of jurisdiction and qualified immunity, this appeal concerns the severity of injury to an inmate required to establish a constitutional claim of excessive use of force. … The doctrine of qualified immunity accomplishes a similar purpose by shielding public officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable

    Cited 182 timesPublished
  • Better Government Bureau, Inc. v. McGraw

    106 F.3d 582 · Court of Appeals for the Fourth Circuit · Feb 6, 1997

    We hold, therefore, that an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity under § 1983. … established for qualified immunity purposes.”

    Cited 8 timesPublished
  • Portera v. State of Ala. Dept. of Finance

    322 F. Supp. 2d 1285 · District Court, M.D. Alabama · May 21, 2004

    Where the law that the government employee allegedly violated was not clearly established at the time of the alleged offpnse, the employee is entitled to qualified immunity. Id. at 807 , 102 S.Ct. at 2732 . … Thus, the remaining issue under the qualified-immunity analysis is whether McClenney’s action violated clearly established law. 16 *1296 To determine whether McClenney’s action violated clearly established law, the court

    Cited 6 timesPublished
  • Kissner v. Orr

    District Court, E.D. Michigan · Nov 17, 2022

    The Court, however, did not dismiss Plaintiff’s claims against Defendants Orr or Rogers based on qualified immunity. … See Harlow, 457 U.S. at 818-19 (“If the law at that time was not clearly established, an official could not reasonably be expected to anticipate subsequent legal developments, nor could he fairly be said to “know” that

    Cited 0 timesUnknown
  • Ellis v. City of Indianapolis

    800 F. Supp. 733 · District Court, S.D. Indiana · Jul 24, 1992

    clearly established. … Qualified Immunity Defense Applies to Wynalda’s Conduct The question whether qualified immunity attaches to an officer’s conduct is always one for the judge to decide. Simkunas v.

    Cited 1 timesPublished
  • Nguyen v. Louisiana State Board of Cosmetology

    236 F. Supp. 3d 947 · District Court, M.D. Louisiana · Feb 20, 2017

    Qualified Immunity “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 … Qualified Immunity on Plaintiffs’ Race Discrimination Claims The right to be free from invidious racial discrimination is clearly established. See, e.g., Strauder v. West Virginia, 100 U.S. 303 , 25 L.Ed. 664 (1880).

    Cited 1 timesPublished
  • Bostic v. Rodriguez

    667 F. Supp. 2d 591 · District Court, E.D. North Carolina · Sep 30, 2009

    Under Pearson , the court next proceeds to the second step in the qualified-immunity framework: was this right clearly established at the time of the alleged violation? … Therefore, the right was not clearly established, and Rodriguez is entitled to qualified immunity.

    Cited 23 timesPublished
  • O'CONNELL v. Gorski

    715 F. Supp. 1201 · District Court, W.D. New York · Mar 14, 1989

    immunity from liability for civil damages inasmuch as their decision to dismiss the plaintiff did not violate any of his “clearly established” rights. 4 Harlow v. … It merely supports the con- *1206 elusion that the law was in fact not clearly established at the time of his dismissal and that, therefore, Gorski and NeMoyer are entitled to qualified immunity from civil damages.

    Cited 14 timesPublished
  • Ciampi v. City of Palo Alto

    790 F. Supp. 2d 1077 · District Court, N.D. California · May 11, 2011

    Qualified Immunity Doctrine 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 … The immunity inquiry, on the other hand, asks whether the right Plaintiff claims was clearly established. Id.

    Cited 12 timesPublished
  • Anderson v. City of Bellevue

    862 F. Supp. 2d 1095 · District Court, W.D. Washington · Mar 23, 2012

    Qualified Immunity 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 … was clearly established at the time of the violation.

    Cited 8 timesPublished
  • Johnson v. Johnson

    385 F.3d 503 · Court of Appeals for the Fifth Circuit · Sep 8, 2004

    Moreover, they would be entitled to qualified immunity unless clearly established law showed that their response was insufficient. … If Johnson has indeed failed to allege a violation, then of course there can be no violation of clearly established law that would overcome qualified immunity. See Siegert, 500 U.S. at 232 , 111 S.Ct. 1789 .

    Cited 298 timesPublished
  • Searles v. Van Bebber

    993 F. Supp. 1350 · District Court, D. Kansas · Jan 7, 1998

    Defendants also claim that they are entitled to qualified immunity, which shields them from liability unless they violated clearly established constitutional or statutory norms. Anderson v. … Defendants are entitled to qualified immunity if their conduct was objectively reasonable in the light of clearly established law and the information which the possessed at the time of the alleged violation. Martin v.

    Cited 3 timesPublished
  • Glenn W. Phelps, Jr. v. Robert M. Coy, Jr., Christin Stutes

    286 F.3d 295 · Court of Appeals for the Sixth Circuit · Apr 10, 2002

    Coy’s qualified immunity motion. … A claim of qualified immunity presents two closely linked questions: whether the defendant violated the plaintiffs rights and whether those rights were clearly established at the time of the alleged violation.

    Cited 251 timesPublished
  • Advisory Opinion to the Attorney General Re: Use of Marijuana for Certain Medical Conditions

    132 So. 3d 786 · Supreme Court of Florida · Jan 27, 2014

    We also conclude that the ballot title and summary comply with section 101.161(1) because they are not clearly and conclusively defective. … This limited immunity is necessary because, in the absence of such immunity, the mere act of prescribing marijuana, a controlled substance under Florida law, would result in civil or criminal liability or sanctions, which

    Cited 26 timesPublished
  • Karen Kelly Austin, Individually and as Natural Tutrix of Minors, Renee Chevelle Henry and Raenell Lynn Henry v. Ronald Borel and Janenne Trahan

    830 F.2d 1356 · Court of Appeals for the Fifth Circuit · Dec 21, 1987

    Qualified immunity shields only that conduct not violative of clearly established constitutional rights of which a reasonable person would have known. 14 Absolute immunity, in contrast, precludes any action for damages, so … established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

    Cited 49 timesPublished
  • CHABAK v. Monroy

    65 Cal. Rptr. 3d 641 · California Court of Appeal · Sep 10, 2007

    This immunity is absolute for mandated reporters and qualified for other individuals who report child abuse (voluntary reporters). … Monroy’s statements to the police clearly arose from protected activity, as is established by the case on which Chabak, and ultimately the trial court, relied.

    Cited 31 timesPublished
  • Jorge E. Cancel Lugo v. Carlos Alvarado, Etc.

    819 F.2d 5 · Court of Appeals for the First Circuit · May 26, 1987

    The district court ruled that where the discovery was not directed solely at damage issues related to the qualified immunity defense (i.e., “matters of personal motivations, related to the subjective components of the qualified … The qualified immunity inquiry involves not only the question of "whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions,” Mitchell v.

    Cited 29 timesPublished
  • Angela McCullough v. Ernest N. Finley, Jr.

    907 F.3d 1324 · Court of Appeals for the Eleventh Circuit · Oct 29, 2018

    The Mayor and the Chiefs Enjoy Qualified and State-Agent Immunity from the Jailees’ Complaint. … “Qualified immunity shields government officials acting within their discretionary authority from liability unless the officials ‘violate clearly established statutory or constitutional rights of which a reasonable person

    Cited 300 timesPublished

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