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  • Wershing v. Hinckley Township

    36 F. App'x 179 · Court of Appeals for the Sixth Circuit · May 15, 2002

    Defendants moved for summary judgment on the basis of qualified immunity, which the district court denied. Defendants now raise five issues. … Second, whether Wershing has established that the constitutional right allegedly violated was a clearly established right of which a reasonable official in the individual Defendants’ position would have known.

    Cited 1 timesPublished
  • Jose Chavez v. James Ziglar

    683 F.3d 1102 · Court of Appeals for the Ninth Circuit · Jun 20, 2012

    intertwined with” and “directly implicated by” the issue of qualified immunity. … Accordingly, we have jurisdiction to review both whether the supervisory defendants have qualified immunity — which turns on legal issues such as whether they allegedly violated “clearly established” rights, Behrens v.

    Cited 500 timesPublished
  • Roe v. City of Milwaukee

    26 F. Supp. 2d 1119 · District Court, E.D. Wisconsin · Nov 2, 1998

    Unless the constitutionality of the defendants’ conduct was clearly established in 1997—when they allegedly committed these acts—the defendants are entitled to qualified immunity. … to review the district court’s denial of qualified immunity.

    Cited 4 timesPublished
  • Michael W. Showers v. Steven A. Spangler

    182 F.3d 165 · Court of Appeals for the Third Circuit · Jun 29, 1999

    "[G]overnment officials performing discretionary functions generally are granted a qualified immunity and are `shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … entitled to qualified immunity.

    Cited 27 timesPublished
  • Toler v. Troutt

    631 F. App'x 545 · Court of Appeals for the Tenth Circuit · Nov 12, 2015

    They filed this interlocutory appeal based on qualified immunity. … If such a general statement of the constitutional violation that must be clearly established were sufficient, qualified immunity would almost never be granted.

    Cited 15 timesUnpublished
  • Gregorich v. Lund

    54 F.3d 410 · Court of Appeals for the Seventh Circuit · May 9, 1995

    a “clearly established” constitutional right “of which a reasonable person would have known.” … Gregorich responds *414 that this right was clearly established. We review the district court’s decision to deny Justice Lund qualified immunity de novo. Bakalis, 35 F.3d at 322 . 2.

    Cited 42 timesPublished
  • Chavez v. Illinois State Police

    27 F. Supp. 2d 1053 · District Court, N.D. Illinois · Nov 5, 1998

    To overcome a qualified immunity defense, the plaintiff must clear two separate hurdles. The plaintiff must show, first, that the right is, in fact, a clearly established right, Apostol v. … In the interests of completeness, the court will consider the second prong of the qualified immunity analysis and will assume, arguendo, that the plaintiffs have established that “freedom of movement” is a clearly established

    Cited 14 timesPublished
  • Justice v. Town of Blackwell

    820 F.2d 238 · Court of Appeals for the Seventh Circuit · May 29, 1987

    he is entitled to qualified immunity. … Finally, the Town and Henkel contend that Cronin forfeited his qualified immunity by violating clearly established Wisconsin election law, Wis.Stats. § 6.92 et seq.

    Cited 8 timesPublished
  • Grancio v. De Vecchio

    608 F. Supp. 2d 362 · District Court, E.D. New York · Mar 27, 2009

    Grancio’s favor) clearly establish these Defendants’ direct involvement in the murder of Nicholas Grancio in concert with Scarpa their informant and, demonstrate unequivocally a violation of the by then clearly established … Qualified Immunity A government official is entitled to qualified immunity “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 1 timesPublished
  • Jacob Doe v. The University of North Carolina System

    133 F.4th 305 · Court of Appeals for the Fourth Circuit · Apr 4, 2025

    The two-part qualified immunity inquiry is well-settled. … We agree with the employee defendants that a right to cross-examination in this context has not, up to this point, been clearly enough established to deny them the protection of qualified immunity.

    Cited 8 timesPublished
  • Charles Bella v. Lee Chamberlain and Curtis Meyers

    24 F.3d 1251 · Court of Appeals for the Tenth Circuit · May 20, 1994

    Qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … The very purpose of qualified immunity is to "weed out” suits that fail to assert the violation of a clearly established constitutional right "without requiring a defendant ... to engage in expensive and time consuming preparation

    Cited 121 timesPublished
  • Verret v. Alabama Department of Mental Health

    511 F. Supp. 2d 1166 · District Court, M.D. Alabama · Sep 20, 2007

    “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … Consequently, this Court will follow the binding precedent established by Davis and hold that Waters’ violation of policy 20-16 does not forfeit her right to qualified immunity. b.

    Cited 1 timesPublished
  • M.P., a Minor v. Monroe Local Schools

    District Court, S.D. Ohio · Sep 30, 2021

    "An official sued under §1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was 'clearly established' at the time of the challenged conduct." … Fitzgerald, 457 U.S. 800, 818 (1982) (Qualified immunity shields "government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established

    Cited 0 timesUnknown
  • Jodie Smook v. Minnehaha County

    457 F.3d 806 · Court of Appeals for the Eighth Circuit · Aug 9, 2006

    a violation of clearly established constitutional law. … The court further held that Banbury and Cheever were not entitled to qualified immunity because it was “clearly established for several years” prior to the time of the alleged violations that the Fourth Amendment prohibited

    Cited 41 timesPublished
  • Barnes v. County of Placer

    654 F. Supp. 2d 1066 · District Court, E.D. California · Jun 30, 2009

    Qualified Immunity Qualified immunity is a defense to lawsuits against governmental officials arising out of the performance of their duties. … without first obtaining a warrant and keep them in custody until the Placer County Juvenile Court ordered their release did not violate clearly established law.

    Cited 4 timesPublished
  • Lance v. Board of County Commissioners

    985 F.3d 787 · Court of Appeals for the Tenth Circuit · Jan 19, 2021

    Violation of a Clearly Established Right Although Mr. … lack of a clearly established right.

    Cited 68 timesPublished
  • Rodriguez v. State

    218 Md. App. 573 · Court of Special Appeals of Maryland · Aug 27, 2014

    If the official can establish those two factors, he receives qualified immunity, that is, immunity in the absence of malice. 135 Md. App. at 719 (emphasis added). … Moreover, the Court held that, because the trustees “were clearly not public officials,” it was plain that “the concept of qualified public official immunity is inapplicable to their actions in connection with the judicial

    Cited 20 timesPublished
  • Forest v. Pawtucket Police Department

    290 F. Supp. 2d 215 · District Court, D. Rhode Island · Oct 22, 2003

    The Doctrine of Qualified Immunity The doctrine of qualified immunity protects government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established … If the court finds the parties’ submissions demonstrate a constitutional violation, the next step is to determine whether the right was clearly established. Id.

    Cited 7 timesPublished
  • Matthew Grab v. Columbia Borough

    Court of Appeals for the Third Circuit · Feb 21, 2023

    Grab and Grab’s “right not to be handcuffed was clearly established.” … But the District Court did not resolve the first step in the qualified immunity analysis, concluding instead that the right was not “clearly established.” See Pearson v.

    Cited 0 timesUnpublished
  • Stephen Hanes v. Thomas Zurick

    Court of Appeals for the Seventh Circuit · Aug 18, 2009

    the court indicated that the right was clearly established. … was not clearly established at the time of the alleged conduct.

    Cited 0 timesPublished

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