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  • Sauls v. Montgomery County

    18 S.W.3d 310 · Texas Court of Appeals, 9th District (Beaumont) · May 18, 2000

    Therefore, in view of the confusion regarding the terms, “official immunity” and “qualified immunity,” it is not clear from the record that appellees presented the affirmative defense of “qualified immunity” to the trial … Thus, we do not consider the merit of “qualified immunity” as a ground for summary judgment in favor of Williams, individually.

    Cited 14 timesPublished
  • John Schleck and Robert Kraft v. Ramsey County, Suzanne Alliegro, Michael Moriarity and Kathleen Mahoney

    939 F.2d 638 · Court of Appeals for the Eighth Circuit · Sep 26, 1991

    “Whether an official may prevail in [her] qualified immunity defense depends upon the ‘objective reasonableness of [her] conduct as measured by reference to clearly established law.’ ... … No other ‘circumstances’ are relevant to the issue of qualified immunity.” Davis v.

    Cited 34 timesPublished
  • Baumeister v. New Mexico Commission for the Blind

    425 F. Supp. 2d 1250 · District Court, D. New Mexico · Mar 20, 2006

    . § 1983 generally are entitled to qualified immunity unless it is shown that their actions violated a specific constitutional right and that the right which they allegedly violated was clearly established at the time of … P. 12(b)(6), and “[ujnless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

    Cited 3 timesPublished
  • LIBERTY COUNTY SCHOOL DISTRICT Et Al. v. HALLIBURTON

    328 Ga. App. 422 · Court of Appeals of Georgia · Jul 31, 2014

    Defendants moved to dismiss on grounds including that defendants were entitled to sovereign and/or qualified immunity. … And “[a] waiver of sovereign immunity must be established by the party seeking to benefit from that waiver.” Ruff, 315 Ga. App. at 456 (footnote omitted).

    Overruled on other grounds by Rivera v. Washington, 298 Ga. 770 (2016)Cited 19 timesPublished
  • Hernandez v. Selsky

    572 F. Supp. 2d 446 · District Court, S.D. New York · Aug 27, 2008

    “[Pjublic officials ... are protected by qualified immunity from civil liability for actions taken in their official capacity, if those actions were objectively reasonable in light of clearly established rules then extant … “Hence, a defendant is not liable if he did not violate clearly established law or it was objectively reasonable for him to believe that he was not violating clearly established law.”

    Cited 3 timesPublished
  • Miner v. Novotny

    304 Md. 164 · Court of Appeals of Maryland · Oct 4, 1985

    The privilege, and the resultant immunity enjoyed by the publisher, may be either absolute or qualified. As we explained in DiBlasio v. … immunity.”

    Cited 59 timesPublished
  • Willis v. Neal

    247 F. App'x 738 · Court of Appeals for the Sixth Circuit · Sep 7, 2007

    Willis also bears the burden of establishing that the defendants are not entitled to qualified immunity. Smoak v. Hall, 460 F.3d 768, 778 (6th Cir.2006). … This court has previously held, as did the district court, that Tennessee law provides qualified or good faith immunity of government employees for state law torts. Rogers v.

    Cited 6 timesUnpublished
  • Crosby v. University of Kentucky

    863 F.3d 545 · Court of Appeals for the Sixth Circuit · Jul 17, 2017

    The doctrine of qualified immunity protects “government officials performing discretionary functions ,.. from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The closest precedent in this circuit, in fact, noted that this area of law was not so clearly established as to overcome the defense of qualified immunity. See Garvie v.

    Cited 61 timesPublished
  • Ramirez-Lluveras v. Pagan-Cruz

    833 F. Supp. 2d 151 · District Court, D. Puerto Rico · Oct 3, 2011

    Qualified Immunity The qualified immunity doctrine is an “escape hatch” from a state actor’s liability under section 1983. … A state actor does not benefit from qualified immunity if: (1) the plaintiff makes out a violation of a constitutional right that (2) was “clearly established” at the time of the alleged violation. Id.

    Cited 10 timesPublished
  • Wright v. Butts

    953 F. Supp. 1352 · District Court, M.D. Alabama · Jul 31, 1996

    The state defendants contend that, in their individual capacities, they are immune from damages under the well-established doctrine of qualified immunity. … Instead, the question in this case, as in all qualified immunity cases, is fact specific: in May 1991, was it clearly established in this circuit that it was unconstitutional for a mental institution to fail to supervise

    Cited 3 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
  • Doctor Awanna Leslie v. Hancock County Board of Education

    Court of Appeals for the Eleventh Circuit · Jul 12, 2013

    had was not clearly established. … “[T]o obtain qualified immunity, an official must first establish that he acted within his discretionary authority.”

    Cited 0 timesPublished
  • Smith v. Daniel

    452 S.W.3d 575 · Supreme Court of Arkansas · Dec 11, 2014

    clearly established and raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.

    Cited 13 timesPublished
  • Brown v. Gammage

    District Court, W.D. Arkansas · Apr 12, 2022

    Qualified immunity requires a two-pronged analysis: “whether the plaintiff has stated a plausible claim for violation of a constitutional or statutory right and whether the right was clearly established at the time of … Defendant is entitled to qualified immunity. Based on this finding, the Court need not determine whether an implicated right was clearly established at the time.

    Cited 0 timesUnknown
  • Berry v. Craftsman

    148 N.J. Super. 366 · New Jersey Superior Court Appellate Division · Mar 17, 1977

    The intent of this statute is clearly to establish immunity for all governmental bodies except in conformity with the statute, N. J. S. A. 59 :1-2. English v. Newark Housing Auth., 138 N. J. Super. 425, 428 (App. … A. 59 :1-2 clearly dictates that defendant may not be held liable.

    Cited 0 timesPublished
  • Heller v. Woodward

    735 F. Supp. 996 · District Court, D. New Mexico · Apr 10, 1990

    Plaintiff’s right to be in the room and to perform the duties of a reporter is clearly established under Perry Education Ass’n v. … In light of the above facts clearly in dispute which are material to defendant’s claim of immunity, I find that an appeal of the denial of the defendant’s summary judgment motion on the issue of qualified immunity is baseless

    Cited 1 timesPublished
  • LeFever v. Ferguson

    956 F. Supp. 2d 819 · District Court, S.D. Ohio · Jul 9, 2013

    Raker’s qualified immunity defense. … clearly established as early as 1964.”

    Cited 1 timesPublished
  • Pleasant v. Lovell

    654 F. Supp. 1082 · District Court, D. Colorado · Feb 12, 1987

    Alternatively, defendants contend that they are entitled to qualified immunity because they did not violate clearly established constitutional rights which a reasonable investigator would have known. … Under Harlow , then, qualified immunity is established if it is proven that there was no violation of clearly established statutory or constitutional rights of which a reasonable person would have known.

    Cited 2 timesPublished
  • Lisa Bukowski v. City of Akron, Patrick Summers and John Urbank, Lisa Bukowski v. City of Akron, Patrick Summers

    326 F.3d 702 · Court of Appeals for the Sixth Circuit · Apr 16, 2003

    As governmental officials acting within the scope of their duty, Urbank and Summers can claim qualified immunity. … Qualified immunity is an affirmative defense shielding governmental officials from liability as long as their conduct does “not violate clearly established statutory or constitutional rights of which a reasonable person would

    Cited 97 timesPublished
  • Brockinton v. City of Sherwood

    503 F.3d 667 · Court of Appeals for the Eighth Circuit · Oct 4, 2007

    Qualified immunity protects governmental officials from liability for civil damages when they are performing discretionary functions and their conduct does not violate clearly established statutory or constitutional rights … “[T]o withstand a motion for summary judgment on qualified immunity grounds, a civil rights plaintiff must (1) assert a violation of a constitutional right; (2)demonstrate that the alleged right is clearly established; and

    Cited 169 timesPublished

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