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  • Gordon v. Maesaka-Hirata.

    431 P.3d 708 · Hawaii Supreme Court · Nov 2, 2018

    As the circuit court initially correctly noted, the “clearly established right” portion of the two-part qualified immunity standard employs a reasonableness test. … In evaluating an official’s claim of qualified immunity, however, courts should not “define clearly established law at a high level of generality.” al-Kidd, 563 U.S. at 742.

    Cited 7 timesPublished
  • Jolene Waldron v. Gregory Spicher

    954 F.3d 1297 · Court of Appeals for the Eleventh Circuit · Mar 25, 2020

    ANALYSIS “Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took … The district court denied the deputy’s invocation of qualified immunity, and we reversed.

    Cited 41 timesPublished
  • Shinault v. Hawks

    782 F.3d 1053 · Court of Appeals for the Ninth Circuit · Jan 22, 2015

    Yet, we ultimately affirm on the basis of qualified immunity because the constitutional obligation was not clearly established at the time of the conduct. 1 FACTUAL BACKGROUND AND PROCEDURAL HISTORY Lester Shinault was incarcerated … the right was not clearly established at the time of conduct.

    Cited 66 timesPublished
  • Jerica Moore-Jones v. Anthony Quick

    909 F.3d 983 · Court of Appeals for the Eighth Circuit · Nov 28, 2018

    Quick is entitled to qualified immunity unless his “conduct violated a clearly established constitutional or statutory right of which a reasonable officer would have known.” Cravener v. … The district court erred in concluding Moore-Jones’s right was clearly established. Quick is entitled to qualified immunity. This also resolves Moore-Jones’s state-law, excessive-force claims. See Baldridge v.

    Cited 22 timesPublished
  • Rasul v. Myers

    563 F.3d 527 · Court of Appeals for the D.C. Circuit · Apr 24, 2009

    immunity shields the defendants because the asserted rights were not clearly established at the time of plaintiffs’ detention. … The doctrine of qualified immunity shields government officials from civil liability to the extent their alleged misconduct “does not violate clearly established statutory or constitutional rights of which a reasonable person

    Cited 74 timesPublished
  • Edward J. Miller v. Dr. Robert Schoenen and Dr. David White

    75 F.3d 1305 · Court of Appeals for the Eighth Circuit · Feb 15, 1996

    As we discussed in Reece , however, the qualified-immunity question involves more than merely determining whether the law governing a plaintiff’s claim is “clearly established.” … That is the “clearly established” law.

    Cited 66 timesPublished
  • Noble v. Adams

    646 F.3d 1138 · Court of Appeals for the Ninth Circuit · Mar 17, 2011

    during a lockdown imposed in the aftermath of a prison riot was not “clearly established” in 2002. … This scenario is precisely what the doctrine of qualified immunity is designed to cover.

    Cited 17 timesPublished
  • Aleia Tousis v. Keith Billiot

    84 F.4th 692 · Court of Appeals for the Seventh Circuit · Oct 18, 2023

    right; and whether the right at issue was “clearly established” at the time of the officer’s alleged misconduct. … We exercise our discretion to focus on the second prong of the qualified immunity test in deciding this issue: whether Billiot’s use of deadly force in this situation violated clearly established law.

    Cited 42 timesPublished
  • Ajaj v. Federal Bureau of Prisons

    25 F.4th 805 · Court of Appeals for the Tenth Circuit · Feb 9, 2022

    The defense of qualified immunity is a judicially recognized doctrine that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus, the same context that supported a RFRA damages remedy also supported the application of qualified-immunity doctrine, which limits individual liability to violations of clearly established law.

    Cited 12 timesPublished
  • Bechard v. Rappold

    287 F.3d 827 · Court of Appeals for the Ninth Circuit · Apr 19, 2002

    But the application of the legislative immunity doctrine to local legislators, such as county commissioners, is now well-established. See Bogan, 523 U.S. at 49 , 118 S.Ct. 966 . … In that light, it cannot be said that undisputed facts establish that the conduct of the Commissioners surrounding the termination was solely budgetary and legislative in nature.

    Cited 10 timesPublished
  • Lockner v. Pierce Cnty.

    190 Wash. 2d 526 · Washington Supreme Court · Apr 19, 2018

    App. 177 , 184, 6 P.3d 1191 (2000), aff'd , 144 Wash.2d 612 , 30 P.3d 460 (2001). ¶ 13 To qualify for immunity under RCW 4.24.210, the landowner must establish that the land at issue was (1) open to members of the public … Clearly, mixed public and other uses do not defeat immunity since the legislature amended RCW 4.24.210 to include land used for hydroelectric *533 power plants.

    Cited 11 timesPublished
  • Rodriguez v. Connecticut

    169 F. Supp. 2d 39 · District Court, D. Connecticut · Sep 4, 2001

    Qualified Immunity Standard The prison officials seek summary judgment on the ground that they have qualified immunity as to claims brought under 42 U.S.C. § 1983 . … of qualified immunity.

    Cited 2 timesPublished
  • Wiles

    District Court, D. Kansas · Apr 3, 2026

    Kan. 2015) (“Qualified immunity shields federal and state officials from money damages unless a plaintiff establishes (1) that the official violated a statutory or constitutional right and (2) that right was ‘clearly established … his right to seek judicial review under the KJRA was not “clearly established.”22 Accordingly, Dr. Rezac is entitled to qualified immunity on Dr. Wiles’s individual-capacity claim against her. Dr.

    Cited 0 timesUnknown
  • Jose Manuel Figueroa-Rodriguez v. Aurelio Lopez-Rivera, Etc., Luis J. Gonzalez-Gonzalez v. Carmen Sonia Zayas, Etc., Victor M. Fontane-Rexach v. Puerto Rico Electric Power Authority

    878 F.2d 1478 · Court of Appeals for the First Circuit · Apr 25, 1989

    In Mendez-Palou, 813 F.2d at 1259 , this circuit said that the question in a "qualified immunity" case, such as this one, is "whether [at the time of dismissal] it was clearly established that employees in the particular … It concluded that the defendants had not established a "qualified immunity" defense.

    Cited 2 timesPublished
  • Stone v. The Board of County Commissioners for the County of Quay

    District Court, D. New Mexico · Aug 2, 2024

    Thus, in general, when a defendant asserts the defense of qualified immunity on a motion to dismiss, the district court must stay discovery until the immunity issue is resolved. … (quoting Mitchell, 472 U.S. at 526 (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of

    Cited 0 timesUnknown
  • Nusbaum v. Terrangi

    210 F. Supp. 2d 784 · District Court, E.D. Virginia · Jul 19, 2002

    Good Faith Qualified Immunity Qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … If the law as to this issue with respect to these particular defendants is not clearly established for qualified immunity purposes, district court rulings would essentially have no practical effect; defendants could continue

    Cited 8 timesPublished
  • Montanez v. Thompson

    603 F.3d 243 · Court of Appeals for the Third Circuit · Apr 22, 2010

    We can determine whether Thompson is entitled to qualified immunity under the “clearly established” prong of Saucier v. Katz, 533 U.S. 194 (2001). … 12 Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.

    Cited 101 timesPublished
  • Doe v. Bobbitt

    881 F.2d 510 · Court of Appeals for the Seventh Circuit · Aug 9, 1989

    The sole issue on appeal is whether the defendants are entitled to summary judgment on the ground of qualified immunity. … Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of

    Cited 51 timesPublished
  • United Food and Commercial Workers, Afl-Cio, Clc, Local No. 88 v. Shop 'N Save Warehouse Foods, Inc.

    113 F.3d 893 · Court of Appeals for the Eighth Circuit · May 16, 1997

    above, an employee, upon returning to work with a doctor’s release indicating physical fitness to return to work, shall be placed in the same job classification, seniority permitting, and shall receive the rate of pay then established

    Cited 16 timesPublished
  • Corey Fisherman v. David Launderville

    100 F.4th 978 · Court of Appeals for the Eighth Circuit · May 6, 2024

    And second, was the right clearly established at the time? See id. If either answer is no, then qualified immunity applies. A. … Bowersox, 526 F.3d 1186, 1188 (8th Cir. 2008) (per curiam) (denying qualified immunity); see Munz v.

    Cited 6 timesPublished

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