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949 F.3d 1167 · Court of Appeals for the Ninth Circuit · Feb 3, 2020
Turning to the second step of the qualified immunity analysis, the panel held that plaintiff’s right to be free from the use of excessive force was clearly established at the time of the shooting. … B We turn next to the second step of the qualified immunity analysis, which asks whether Orn’s right to be free from the use of excessive force was clearly established at the time of the shooting.
Cited 95 timesPublishedLucas v. Swain County Board of Education
154 N.C. App. 357 · Court of Appeals of North Carolina · Dec 3, 2002
Both affidavits established the Trust is not authorized and licensed to execute insurance contracts in this State and that it is not considered a qualified insurer as determined by the Department of Insurance. … Moreover, defendant established through three affidavits from Hale, Earley and Dunlap that the Trust is neither a licensed and authorized insurer, nor a qualified insurer as determined by the Department.
Cited 15 timesPublished26 F.3d 14 · Court of Appeals for the Second Circuit · Jun 6, 1994
The doctrine of 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 … To establish qualified immunity, defendants must show either that their conduct “did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable’ to believe
Cited 14 timesPublished320 F. Supp. 2d 1373 · District Court, M.D. Georgia · Jun 7, 2004
Defendant Day is immune from suit in his individual capacity, unless he violated “ ‘clearly established law,’ which consists of statutory or constitutional rights that a reasonable person should have known.” Hutton v. … Mladek did not violate any clearly established constitutional right.
Cited 1 timesPublished753 F. Supp. 400 · District Court, D. Massachusetts · Dec 12, 1990
Qualified Immunity Government officials who are not granted absolute immunity are entitled to qualified immunity from suit. … law, but whether that law was clearly established at the time an action occurred....
Cited 2 timesPublishedBradway v. Town of Southampton
826 F. Supp. 2d 458 · District Court, E.D. New York · Dec 1, 2011
Qualified Immunity The individual defendants argue, in the alternative, that they are entitled to summary judgment on qualified immunity grounds with respect to the medical indifference claim under the Fourteenth Amendment … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them
Cited 11 timesPublished802 F.2d 1077 · Court of Appeals for the Eighth Circuit · Oct 10, 1986
Having held that Balazic is only entitled to qualified immunity we must now determine whether her conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Even assuming arguendo that a constitutional right was violated, and we specifically do not address this issue, Balazic should be immune because such right was not clearly established at that time. See Martinez.
Cited 32 timesPublishedWhittington v. Town of Surfside
490 F. Supp. 2d 1239 · District Court, S.D. Florida · Jun 6, 2007
Qualified Immunity “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 … As stated above, “[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
Cited 10 timesPublished276 F.3d 999 · Court of Appeals for the Eighth Circuit · Jan 14, 2002
Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998). 5 The prison employees are entitled to qualified immunity unless they violated Tucker's "clearly established" constitutional rights. Harlow v. … There was no violation of clearly established law in the training of Daniels, and thus the claim is without merit. III.
Cited 37 timesPublished322 F. Supp. 3d 753 · District Court, S.D. Texas · May 15, 2017
immunity. … Qualified Immunity from Individual Capacity Claims a.
Cited 1 timesPublished76 F. Supp. 3d 603 · District Court, M.D. North Carolina · Dec 30, 2014
When subject to suit under § 1983, state and local officials may assert qualified immunity to shield them from liability for civil damages, “insofar as their conduct does not violate clearly established statutory or constitutional … Finding that this right is not clearly established, this court determines that Defendants are entitled to qualified immunity, even if there was some sort of constitutional violation.
Cited 1 timesPublishedJoseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander
44 F.3d 1297 · Court of Appeals for the Fifth Circuit · Feb 17, 1995
City of Houston, 14 F.3d 1056, 1060 (5th Cir.1994) (finding summary judgment proper on qualified immunity grounds when no constitutional infringement established); Quives v. … immunity from this lawsuit if the constitutional allegations were not clearly established law at the *1306 time of the sexual abuse.
Cited 134 timesPublished681 So. 2d 944 · Supreme Court of Louisiana · Oct 15, 1996
Distinguishing between absolute immunity, which will defeat a suit at the outset, and qualified immunity, which depends on circumstances and motivations which often must be established by evidence at trial, the Court concluded … But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest.
Cited 59 timesPublishedGriner v. Minster Board of Education
128 Ohio App. 3d 425 · Ohio Court of Appeals · Jul 5, 1998
may be asserted to establish nonliability: "(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division * * *, the employee is immune from liability … Rather, appellees proceeded in their motion for summary judgment on the assumption that whether or not negligence was established, they were immune from liability.
Cited 23 timesPublished683 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 timesPublishedHansen v. California Department of Corrections
920 F. Supp. 1480 · District Court, N.D. California · Mar 25, 1996
If, rationally, what the state of the law was is a close question, the law cannot be deemed “clearly established” for purposes of qualified immunity. … California Statutory Immunity California has no qualified immunity law similar to federal qualified immunity.
Cited 7 timesPublished156 F.3d 563 · Court of Appeals for the Fourth Circuit · Sep 22, 1998
not violate clearly established rights of which a reasonable person would have known." … Officials lose the protection of the immunity if they violate a constitutional or statutory right of the plaintiff and the right was clearly established at the time of the alleged violation such that an objectively reasonable
Cited 72 timesPublished414 F.3d 596 · Court of Appeals for the Sixth Circuit · Jul 7, 2005
Qualified Immunity 11 Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Was Owensby's Fourteenth Amendment Right to Adequate Medical Care Clearly Established?
Cited 3 timesPublished241 So. 3d 1086 · Louisiana Court of Appeal · Mar 7, 2018
DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment. However, Defense counsel's failure to provide discovery, claiming immunity applied, prevented Mr.
Cited 1 timesPublished839 F. Supp. 645 · District Court, W.D. Arkansas · Dec 2, 1993
Qualified Immunity- Defendant Ford’s final argument is that he is entitled to qualified immunity as a “government official performing discretionary functions.” … Once a court determines as a matter of law that a legal standard governing the governmental action at issue was clearly established, there' is no qualified immunity. Id.
Cited 2 timesPublished
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