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  • J. Chris Lane v. Kentucky Department of Corrections

    Court of Appeals of Kentucky · Sep 19, 2025

    Qualified Immunity. … first addressing the Appellees’ qualified immunity arguments.

    Cited 0 timesPublished
  • Wayne Ernest Barker v. Ben Norman and Jack Ballas

    651 F.2d 1107 · Court of Appeals for the Fifth Circuit · Jul 30, 1981

    qualified immunity defenses. … The Scope of the Qualified Immunity-Defenses 1.

    Cited 269 timesPublished
  • Brandy Hamilton v. Nathaniel Turner

    845 F.3d 659 · Court of Appeals for the Fifth Circuit · Jan 12, 2017

    Kindred moved for summary judgment, arguing that he was entitled to qualified immunity because at the time of the incident, bystander liability was not clearly established in the Fifth Circuit in cases not involving excessive … DISCUSSION We have jurisdiction to review a district court’s denial of qualified immunity “only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity

    Cited 32 timesPublished
  • Thomas v. Nicholson

    21 V.I. 561 · Supreme Court of The Virgin Islands · Sep 20, 1985

    ; rather, he was only eligible for qualified immunity. … Even where the assistant commissioner was in the position of acting commissioner, he was still not deemed by the Court to be a “superior executive officer” and, therefore, could only claim a qualified immunity.

    Cited 1 timesPublished
  • Maresca v. County of Bernalillo

    804 F.3d 1301 · Court of Appeals for the Tenth Circuit · Oct 22, 2015

    On cross- motions for summary judgment, the district court held that the officers were entitled to qualified immunity because they had not violated clearly established Fourth Amendment standards. … Because the reasonableness inquiry overlaps with the qualified immunity 21 analysis, a qualified immunity defense is of less value when raised in defense of

    Cited 42 timesPublished
  • Dawkins v. Graham

    50 F.3d 532 · Court of Appeals for the Eighth Circuit · Mar 14, 1995

    Qualified immunity does not shield the officers from a lawsuit for damages if a reasonable officer would have known the officers’ actions violated clearly established law. Hummel-Jones v. … First, the law prohibiting the officers’ conduct was clearly established at the time of the raid.

    Cited 39 timesPublished
  • Hill v. Taconic Developmental Disabilities Services Office

    57 F. App'x 9 · Court of Appeals for the Second Circuit · Jan 2, 2002

    ‘good faith’ qualified immunity cannot attach.” … ’t do it’ or that it was objectively reasonable for him to believe that his action did not violate clearly established law.”

    Cited 4 timesPublished
  • Robertson (ID 76205) v. Lee

    District Court, D. Kansas · Jul 8, 2019

    right was clearly established.” … A dispositive motion based on qualified immunity places the occurred and that the right was clearly established when the violation occurred. Green v.

    Cited 0 timesUnknown
  • Horlock v. Georgia Department of Human Resources

    890 F.2d 388 · Court of Appeals for the Eleventh Circuit · Dec 13, 1989

    immunity from damages because defendants’ actions allegedly did not violate any “clearly established” right of plaintiff, as required in order to avoid the qualified immunity of public officials to such suits. … Horlock had no property interest, the defendants did not violate a “clearly established right” and thus were entitled to qualified immunity on the section 1983 due process claim.

    Cited 2 timesPublished
  • Burnham v. West

    681 F. Supp. 1169 · District Court, E.D. Virginia · Jan 29, 1988

    Here the Court, upon reconsideration, intentionally sweeps more broadly than in its earlier ruling on whether defendants violated "clearly established" constitutional rights. … If there are means to show that rights are clearly established other than by controlling precedent as required by Wallace v.

    Cited 13 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
  • Evans v. City of Zebulon

    351 F.3d 485 · Court of Appeals for the Eleventh Circuit · Nov 18, 2003

    Stephens is entitled to qualified immunity, however, because as of January 22, 1999, the law was not clearly established that an arrestee could not constitutionally be strip searched under the conditions alleged. … Only decisions of the Supreme Court, the Eleventh Circuit, and the highest court of the relevant state clearly establish the law for purposes of qualified immunity. Marsh, 268 F.3d at 1032 n. 10. .

    Vacated by Evans v. City of Zebulon, 364 F.3d 1298 (2004)Cited 7 timesPublished
  • Tinsley v. Pittari

    952 F. Supp. 384 · District Court, N.D. Texas · Oct 1, 1996

    Qualified immunity protects government officials performing discretionary functions from personal liability as long as their conduct does not violate clearly established constitutional or federal statutory rights. … To the extent the claim is so construed, defendants’ previously-established entitlement to qualified immunity is applicable. The outcome is the same under a Fourteenth Amendment analysis.

    Cited 5 timesPublished
  • Entergy, Arkansas, Inc. v. Nebraska

    241 F.3d 979 · Court of Appeals for the Eighth Circuit · Mar 8, 2001

    a claim upon which relief can be granted. 1 The Generators and USE respond that qualified immunity is not available to the officials in their individual capacities because clearly established federal law was violated, that … Qualified immunity shields state officials performing discretionary functions from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

    Cited 22 timesPublished
  • White v. City of Lagrange

    952 F. Supp. 2d 1353 · District Court, N.D. Georgia · Jul 3, 2013

    “Qualified immunity offers complete protection for individual public officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … White has failed to point to particularized case law showing that the right was clearly established.

    Cited 1 timesPublished
  • M.M.T. v. United States

    337 F. Supp. 3d 1099 · District Court, W.D. Washington · Aug 30, 2018

    The Court will only address the qualified immunity issue because the Government and Taitano are obviously entitled qualified immunity and it is unnecessary to engage in a detailed, multi-factor analysis to determine whether … Therefore, Taitano is entitled to qualified immunity. See , e.g. , United States v.

    Cited 1 timesPublished
  • Carolyn Arnett v. Larry Norris

    Court of Appeals for the Eighth Circuit · Dec 3, 2025

    The doctrine of qualified immunity protects public officials and officers from § 1983 claims when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To overcome qualified immunity, a plaintiff must show (1) the presented facts “make out a violation of a constitutional or statutory right,” and (2) “that right was clearly established at the time of the defendant[s’] alleged

    Cited 0 timesPublished
  • Williams v. Lopes

    64 F. Supp. 2d 37 · District Court, D. Connecticut · Aug 16, 1999

    Assuming this case involves clearly established rights, the entitlement to qualified immunity generally turns on the particular facts of a case. Robison v. Via, 821 F.2d *42 913, 921 (2d Cir.1987). … The evidence before the Court clearly establishes that plaintiff cannot recall the events with any accuracy.

    Cited 19 timesPublished
  • Horwitz 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 timesPublished
  • Hilchey v. City of Haverhill

    537 F. Supp. 2d 255 · District Court, D. Massachusetts · Feb 1, 2008

    Before asking the second question, however, the issue of qualified immunity must be addressed. D. Qualified Immunity 1. … Second, the Court must determine whether the right was “clearly established at the time of the alleged violation”. Abrew-Guzman, 241 F.3d at 73 .

    Cited 3 timesPublished

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