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  • Peterson v. Heymes

    277 F. Supp. 3d 913 · District Court, W.D. Michigan · Sep 29, 2017

    Qualified Immunity MSP Defendants argue they are entitled to qualified immunity. … 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

    Cited 1 timesPublished
  • Williams v. Kaufman County

    352 F.3d 994 · Court of Appeals for the Fifth Circuit · Sep 8, 2003

    Qualified Immunity Standard To prevail in a § 1983 suit, a plaintiff must overcome an officer’s defense of qualified immunity. Last term, in Hope v. … Whether the law was “clearly established” Although we hold today that the prolonged detention of plaintiffs was unlawful, we nonetheless agree with the district court that qualified immunity shields

    Cited 97 timesPublished
  • Eastburn v. Regional Fire Protection Authority

    7 Cal. Rptr. 3d 552 · California Supreme Court · Dec 18, 2003

    In our view, Zepeda correctly held that the section indeed applies, and provides a qualified or limited immunity to such persons. … shielded by the qualified immunity of Health and Safety Code section 1799.107.

    Cited 124 timesPublished
  • Mara v. Rilling

    921 F.3d 48 · Court of Appeals for the Second Circuit · Apr 9, 2019

    But  even  if  the  answer  is  yes,  or  not  definitively  no,  a  defendant  may  still  be  entitled  to  qualified  immunity  if  the  right  was  not  clearly  established  at  the  time  of  his  challenged actions … The district court still needed to address the second qualified  immunity  inquiry,  i.e.,  whether  the  rights  at  issue  were  clearly  established  in  the  context  presented,  such  that  every  reasonable  officer

    Cited 81 timesPublished
  • Scott Kampas v. City of St. Louis, Missouri

    Court of Appeals for the Eighth Circuit · Oct 31, 2025

    It found the officers were entitled to qualified immunity regarding the Plaintiffs’ unlawful seizure claim as it was not clearly established that the Plaintiffs’ arrests violated the Fourth Amendment. … An officer does not violate an “individual’s ‘clearly established’ rights for qualified immunity purposes if he nevertheless had arguable probable cause to make the arrest.” Brown, 40 F.4th at 901 (citation omitted).

    Cited 0 timesPublished
  • Eugene De Boise, Sr. v. St. Louis County, Missouri

    760 F.3d 892 · Court of Appeals for the Eighth Circuit · Jul 28, 2014

    Louis County, Missouri. 1 Officers Lively and Percich moved for summary judgment on the basis of qualified immunity, and St. … “Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known

    Cited 42 timesPublished
  • Michael M. Gorman v. Renault Robinson, George C. Cramer, and William T. Salem

    977 F.2d 350 · Court of Appeals for the Seventh Circuit · Oct 9, 1992

    In a motion for summary judgment, the defendants argued that the doctrine of qualified immunity shielded them from suit. … The Supreme Court has made clear that qualified immunity is an immunity from suit rather than a defense to liability. Mitchell v. Forsyth, 472 U.S. 511, 529 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985).

    Cited 56 timesPublished
  • Pike v. Budd

    133 F.4th 74 · Court of Appeals for the First Circuit · Mar 28, 2025

    Pike filed a § 1983 action against Budd, which the district court dismissed, finding that Budd was entitled to qualified immunity because case law did not clearly establish that Budd would violate the Equal Protection … Qualified Immunity Qualified immunity protects reasonable government officials from civil liability when their conduct does not violate clearly established constitutional or statutory rights.

    Cited 13 timesPublished
  • Jacquelyn M. Chagnon v. Griffin Bell

    642 F.2d 1248 · Court of Appeals for the D.C. Circuit · Oct 14, 1980

    defense only in an area of “clearly established” law. … Rather, the question is whether the conduct complained of transgressed “clearly established” constitutional limits.

    Cited 25 timesPublished
  • Brandt v. City of Westminster

    300 F. Supp. 3d 1259 · District Court, D. Colorado · Mar 19, 2018

    Qualified Immunity Defendants Esslinger and Rush assert they are entitled to qualified immunity, "which shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law … was clearly established at the time of the defendant's unlawful conduct."

    Cited 5 timesPublished
  • Isengard v. New Mexico Public Education Department

    708 F. Supp. 2d 1190 · District Court, D. New Mexico · Sep 30, 2009

    Qualified immunity shields government officials from liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … Qualified immunity shields state officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

    Cited 0 timesPublished
  • Jane Doe v. Petaluma City School District

    54 F.3d 1447 · Court of Appeals for the Ninth Circuit · May 12, 1995

    "On review of a denial of qualified immunity, '[w]e have jurisdiction only to decide if defendant's conduct violated ... clearly established [law].' " Pelletier v. … Because qualified immunity is an affirmative defense from suit, not merely from liability, "[u]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity

    Cited 5 timesPublished
  • Jack G. Kelly v. Charles C. Foti, Jr., City of New Orleans, John Doe, and Jane Roe

    77 F.3d 819 · Court of Appeals for the Fifth Circuit · Apr 29, 1996

    Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law. … a qualified immunity defense.

    Cited 77 timesPublished
  • Hare Ex Rel. Hare v. City of Corinth

    135 F.3d 320 · Court of Appeals for the Fifth Circuit · Mar 5, 1998

    The bifurcated test for qualified immunity is quite familiar: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and, (2) if so, whether the defendant’s … The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident;

    Cited 1 timesPublished
  • Cummins v. Campbell

    44 F.3d 847 · Court of Appeals for the Tenth Circuit · Dec 28, 1994

    We hold that the Regents were entitled to qualified immunity because the constitutional law they allegedly violated was not clearly established at the time they briefly suspended authority to show the film. … However, the district court agreed with Appellees that the law Appellees allegedly violated was not clearly established and granted them summary judgment based on qualified immunity. A.

    Cited 23 timesPublished
  • Wesley v. Don Stein Buick, Inc.

    996 F. Supp. 1299 · District Court, D. Kansas · Feb 26, 1998

    Government officials performing administrative or executive functions have qualified immunity from suit under civil rights statutes if “their conduct does not violate clearly established statutory or constitutional rights … “Once a defendant asserts qualified immunity, the plaintiff bears the burden of proving that the defendants violated a law that was clearly established.” Norton v.

    Cited 10 timesPublished
  • Natasha Thomas Susan Gibbs and Edwina Lewis v. Ann Cohen Glenn Craig James Embry and Susan Fischer, in Their Individual Capacities

    304 F.3d 563 · Court of Appeals for the Sixth Circuit · Aug 23, 2002

    a given set of facts violates clearly established law.” … Qualified Immunity We must also decide whether, in light of clearly established law applicable on the date of the eviction, a reasonable officer would have believed that Defendants’ conduct deprived Plaintiffs of their Fourth

    Cited 145 timesPublished
  • Lightner v. Tremont Auto Auction, Inc.

    564 F. Supp. 1112 · District Court, N.D. Illinois · Apr 22, 1983

    The Court in Butz established a qualified immunity for government officials performing discretionary functions. Id. at 504, 98 S.Ct. at 2909. … Lash, 687 F.2d 996, 1007 (7th Cir.1982) (question of fact whether defendant officials should reasonably have known that their conduct would violate clearly established constitutional norms).

    Cited 3 timesPublished
  • Cillo v. City of Greenwood Village

    739 F.3d 451 · Court of Appeals for the Tenth Circuit · Dec 31, 2013

    “‘The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.’” Gann v. … Clearly established right We also hold that the individual defendants are not entitled to summary judgment based on the second requirement for § 1983 qualified immunity because Sgt.

    Cited 246 timesPublished
  • Gaubert v. Gray

    747 F. Supp. 40 · District Court, District of Columbia · Aug 27, 1990

    Violations of “Clearly Established” Rights In Harlow , the Supreme Court held that to overcome an assertion of qualified immunity the constitutional rights alleged by plaintiff to have been violated must have been “clearly … action is a violation) violates a clearly established right.”

    Cited 4 timesPublished

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