Case law
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Logiodice v. Trustees of Maine Central Institute
135 F. Supp. 2d 199 · District Court, D. Maine · Mar 5, 2001
to dismissal based on qualified immunity. … are entitled to qualified immunity.
Cited 5 timesPublishedHorwitz v. State Board of Medical Examiners of State of Colorado
822 F.2d 1508 · Court of Appeals for the Tenth Circuit · Jul 7, 1987
or qualified immunity. … Horwitz's license and refused to reinstate it until May 1, 1984, they did not violate a clearly established constitutional right of due process. Dr.
Cited 42 timesPublishedESTATE OF CASSARA BY CASSARA v. State of Ill.
853 F. Supp. 273 · District Court, N.D. Illinois · May 19, 1994
In order to penetrate defendants’ shield of qualified immunity as government officials performing discretionary functions, plaintiff bears the burden of demonstrating that the defendants’ conduct violated clearly established … established and the state officials’ actions clearly illegal.
Cited 6 timesPublishedEcclesiastical Washington v. Larry Denney
900 F.3d 549 · Court of Appeals for the Eighth Circuit · Aug 13, 2018
The officials appeal, arguing that (1) Washington failed to offer sufficient evidence to prove that they violated his clearly established Eighth Amendment rights and, therefore, they are entitled to qualified immunity; and … Discussion The corrections officials appeal, arguing that (1) they are entitled to qualified immunity because Washington failed to offer sufficient evidence to prove that they violated his clearly established Eighth
Cited 50 timesPublishedRafael Navarro v. Sherman Block
250 F.3d 729 · Court of Appeals for the Ninth Circuit · May 11, 2001
After reviewing the legal standards for qualified immunity, the court held: 9 [T]he law is not clearly established that a policy of indemnifying punitive damage awards violates constitutional rights . . . . … Though much of the analysis under qualified immunity and the merits of a §§ 1983 claim overlaps, the issue of whether a right is "clearly established " is relevant only to qualified immunity. 11 Regardless, the explicit holding
Cited 2 timesPublished849 F.3d 970 · Court of Appeals for the Tenth Circuit · Mar 1, 2017
Defendants assert qualified immunity as a defense to these claims, so the burden shifts to Plaintiff to establish both that the defendants violated a constitutional right and that the right was clearly established at the … We must not “define clearly established law at a high level of generality” because “[t]he dispositive question is ‘whether the violative nature of particular conduct is clearly established.’” Id.
Cited 74 timesPublishedBurdette v. Panola County ex rel. Darby
53 F. Supp. 3d 923 · District Court, N.D. Mississippi · Oct 20, 2014
Qualifíed Immunity Qualified immunity shields a governmental official from suit based on the performance of discretionary functions if the official’s acts did not violate clearly established constitutional or statutory law … If the plaintiff fails to state a constitutional claim or if the defendant’s conduct was objectively reasonable under clearly established law, then the governmental official is entitled to qualified immunity. Id. A.
Cited 0 timesPublished816 F. Supp. 2d 1265 · District Court, S.D. Florida · Sep 16, 2011
Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which a … ’s actions violate clearly established law.”
Cited 1 timesPublishedBull v. City and County of San Francisco
539 F.3d 1193 · Court of Appeals for the Ninth Circuit · Aug 22, 2008
Defendants now appeal *1196 the district court’s denial of qualified immunity for Sheriff Hennessey. 5 II We review de novo a district court’s decision to grant summary judgment on the ground of qualified immunity. … court’s denial of qualified immunity.
Cited 12 timesPublished664 F. Supp. 1076 · District Court, S.D. Texas · Jan 15, 1987
Against this statutory and factual background, the various individual Defendants claim absolute and qualified immunity. … A qualified immunity protects a public official from liability unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”
Cited 3 timesPublishedRichard Winn David Ehrlich Newlin Corporation and Somerset of Virginia, Inc. v. Wayne L. Lynn
941 F.2d 236 · Court of Appeals for the Third Circuit · Sep 4, 1991
Qualified immunity is the more limited type of immunity, and generally protects government officials performing discretionary functions “insofar as [their] conduct does not violate clearly established statutory or constitutional … immunity because their actions were violative of “clearly established statutory and constitutional rights” and they should have been aware of this.
Cited 14 timesPublishedArkansas Attorney General Reports · Oct 21, 2005
In federal court, the county may be able to claim "qualified immunity." … Qualified immunity applies to the actions of individual officers and employees who undertook the performance of their governmental duties in good faith and whose actions did not violate a clearly established constitutional
Cited 0 timesPublishedWest Virginia Supreme Court · Mar 23, 2022
To overcome qualified immunity, a claimant must establish that the employee or official knowingly violated a clearly established law or acted maliciously, fraudulently, or oppressively. … Thus, the analysis turns to whether the acts alleged by the plaintiff can overcome qualified immunity because the acts violated some clearly established right of which a reasonable public official would have known, or were
Cited 0 timesPublished654 F. Supp. 870 · District Court, D. Kansas · Jan 20, 1987
The Court has established an elaborate set of rules on immunity for both state and federal officers. … The law does not appear to have been clearly established on the claims made by the plaintiff since the plaintiff’s case was the first controversy involving these issues.
Cited 1 timesPublishedJacob v. Township of West Bloomfield
531 F.3d 385 · Court of Appeals for the Sixth Circuit · Jul 3, 2008
This second prong of the qualified immunity test clearly weighs in Plaintiffs favor. … claim of qualified immunity.
Cited 22 timesPublished617 F. Supp. 2d 554 · District Court, E.D. Michigan · Oct 9, 2008
Plaintiff argues that Defendant Woodward is not entitled to qualified immunity because of two clearly established rights. First, Plaintiff argues that he has a clearly established right to refuse medical treatment. … Defendants Woodward and Carter also assert that they are entitled to qualified immunity because any constitutional violation was not of a “clearly established right.”
Cited 2 timesPublishedFranklin Building Corp. v. City of Ocean City
946 F. Supp. 1161 · District Court, D. New Jersey · Nov 18, 1996
qualified immunity. … “clearly established”_ In instances of violations which are not clearly established, a showing of improper motive will not defeat a qualified immunity claim. Grant, 98 F.3d at 125 n. 6. This is one such case.
Cited 4 timesPublished163 F.3d 119 · Court of Appeals for the Second Circuit · Dec 11, 1998
. § 1983 ; it did so on the ground that the officials had qualified immunity. 1 We disagree with the court's conclusion that Greenwood's property right in his clinical staff privileges was not clearly established and that … "Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless it is further demonstrated that their conduct was unreasonable under
Cited 13 timesPublished193 F.3d 14 · Court of Appeals for the First Circuit · Oct 4, 1999
"Hence, state officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably … Hence, Boulter was not entitled to qualified immunity. III.
Cited 147 timesPublished637 F.3d 503 · Court of Appeals for the Fourth Circuit · Mar 22, 2011
The court also denied Boykins’ motion to dismiss on the doctrine of qualified immunity in a one-sentence order that contained no reasoning. The denial of qualified immunity is an immediately appeal- able order. … "Qualified immunity shields government officials perform- ing discretionary functions from personal-capacity liability for civil damages under § 1983, insofar as their conduct does not violate clearly established statutory
Cited 183 timesPublished
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