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  • Lee v. City of Cleveland

    151 Ohio App. 3d 581 · Ohio Court of Appeals · Feb 20, 2003

    These agreed facts demonstrate no genuine issue of material fact existed as to whether Officers Svoboda and Wolf were entitled to qualified immunity. … Public officials who perform discretionary functions are generally immune in a Section 1983 action as long as their conduct does not violate clearly established federal statutory or constitutional rights of which a reasonable

    Cited 18 timesPublished
  • James Dean v. County of Gage

    807 F.3d 931 · Court of Appeals for the Eighth Circuit · Dec 7, 2015

    It also denied the officers’ renewed motion for qualified immunity, which they cross-appeal. II. The officers claim they are entitled to qualified immunity. … To overcome qualified immunity, plaintiffs must demonstrate both that “(1) there was a deprivation of a constitutional or statutory right, and (2) the right was clearly established at the time of the deprivation.”

    Cited 34 timesPublished
  • Thomas v. Culberg

    741 F. Supp. 77 · District Court, S.D. New York · Jul 11, 1990

    Nonetheless, the complaint against Thomas must be dismissed because Culbert is entitled to qualified immunity. … ” lacking, the officer will be shielded by qualified immunity from civil liability.

    Cited 17 timesPublished
  • Harvey Pelfrey v. The Estate of Steven Dewey McDowell, by and Through Brenda Roberts, as Administratrix

    Court of Appeals of Kentucky · May 29, 2026

    Mattingly defended in part based on qualified official immunity. … As such, Mattingly was not entitled to qualified official immunity.

    Cited 0 timesPublished
  • Wyche v. City of Franklinton

    837 F. Supp. 137 · District Court, E.D. North Carolina · Nov 5, 1993

    Caldwell is entitled to qualified immunity if he can establish that, in light of the clearly established principles governing the use of force to effect an arrest, he could, as a matter of law, reasonably have believed that … In Slattery , the Fourth Circuit elaborated upon the scope of qualified immunity: The right of the plaintiff must be established so clearly that a reasonable official would know what he is doing violates that right.

    Cited 2 timesPublished
  • Buchanan v. Metz

    647 F. App'x 659 · Court of Appeals for the Sixth Circuit · May 11, 2016

    ’s conduct (1) violated a statutory or constitutional right, which (2) is clearly established such that a reasonable officer would have known that the officer’s conduct violated that right. … Furthermore, any role that Metz may have had in advising Motley would be protected under qualified immunity, since we found that it is not clearly established that no reasonable officer would believe that a crime was being

    Cited 9 timesPublished
  • Stokes v. City of Chicago

    744 F. Supp. 183 · District Court, N.D. Illinois · Aug 24, 1990

    The standard for granting qualified immunity is well-established. … It is clearly established that the fourth amendment requires truthful factual showing sufficient to constitute probable cause. Franks v.

    Cited 3 timesPublished
  • Gratz v. Bollinger

    122 F. Supp. 2d 811 · District Court, E.D. Michigan · Dec 13, 2000

    Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … According to the Board, its actions must violate “clearly established legal principles” for its Eleventh Amendment immunity to be abrogated. (Id.) (emphasis in original).

    Reversed on other grounds by Gratz v. Bollinger, 539 U.S. 244 (2003)Cited 11 timesPublished
  • Anthony Zimmerman v. Jeffrey Doran

    Court of Appeals for the Seventh Circuit · Nov 24, 2015

    Under the doctrine of qualified immunity, officials are shielded from civil liability “‘insofar as their conduct does not violate clearly established  statutory  or  constitutional  rights  of  which  a reasonable person  … We have held that “‘[c]onsulting a prosecutor may not give an officer absolute immunity from being sued for false arrest,  but  it  goes  far  to  establish  qualified  immunity.

    Cited 0 timesPublished
  • City of Brooksville v. Warner

    533 S.W.3d 688 · Court of Appeals of Kentucky · Mar 17, 2017

    Because the safe driving of a police vehicle is a ministerial act, Hause is not entitled to qualified immunity on Plaintiffs negligent driving claim. … For this reason, and to ensure that governmental officials will exercise discretion when needed, our law allows qualified immunity from suit on the performance of discretionary acts.

    Cited 11 timesPublished
  • Pollnow v. Glennon

    757 F.2d 496 · Court of Appeals for the Second Circuit · Mar 12, 1985

    violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” … The district court in that case concluded that, although the right to such a hearing under the due process clause had not been clearly established at the time of the termination, the failure to follow established state regulations

    Cited 41 timesPublished
  • Cassels v. Stalder

    342 F. Supp. 2d 555 · District Court, M.D. Louisiana · Oct 20, 2004

    First, it functions as a defense to liability when the actions allegedly taken by officials did not violate clearly established law. 32 If the law was not clearly established when officials acted, qualified immunity bars … the plaintiff has alleged a violation of a clearly established constitutional right; and, (2) if so, whether the defendant’s conduct was objectively unreasonable in the light of the clearly established law at the time of

    Cited 1 timesPublished
  • Reid v. Simmons

    163 F. Supp. 2d 81 · District Court, D. New Hampshire · Mar 30, 2001

    Qualified Immunity. … A government official is entitled to qualified immunity from personal liability if the challenged “ ‘conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have

    Cited 4 timesPublished
  • Federman v. County of Kern

    61 F. App'x 438 · Court of Appeals for the Ninth Circuit · Apr 15, 2003

    If a constitutional right would have been violated were a plaintiffs allegations established, the next step is to ask whether the right was clearly established in light of the context of the case. Id. … Next, the law on excessive force was clearly established by April 21, 1998, the day Federman was shot and killed.

    Cited 11 timesPublished
  • Lamb v. Bloom

    159 Vt. 633 · Supreme Court of Vermont · Jan 12, 1993

    White, 155 Vt. 621 , 587 A.2d 975 (1991), which held that we *634 have collateral order jurisdiction over an appeal of a denial of summary judgment rejecting a claim of qualified immunity. … Murray holds that good faith exists “where an official’s acts did not violate clearly established rights of which the official reasonably should have known.” 155 Vt. at 630 , 587 A.2d at 980 .

    Cited 5 timesPublished
  • Mutter v. Sanders

    611 F. Supp. 2d 837 · District Court, C.D. Illinois · May 4, 2009

    immunity because their alleged conduct was not clearly established to be violative of the Plaintiffs’ constitutional rights. … Qualified immunity (1) The Defendants contend that they are entitled to qualified immunity as to the federal claims included in Count 1 of the complaint because it was not clearly established that Sanders violated the Plaintiffs

    Cited 1 timesPublished
  • Van Wyhe v. Reisch

    536 F. Supp. 2d 1110 · District Court, D. South Dakota · Feb 13, 2008

    Serrell, 244 F.3d 628 , 632 (8th Cir.2001): Qualified immunity protects a governmental official from suit when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … .. whether that right was clearly established at the time of the alleged violation.”

    Cited 5 timesPublished
  • Les Eckert and Aberdeen Insurance Services, Inc. v. Jose Montemayor, in His Official Capacity as Commissioner of Insurance for the State of Texas and Texas Department of Insurance

    Texas Court of Appeals, 3rd District (Austin) · Mar 31, 2005

    If we find an alleged violation of a constitutional right, we then consider if the right was “clearly established.” Id . … was “clearly established.”

    Cited 0 timesPublished
  • Knott County Board of Education v. Patton

    415 S.W.3d 51 · Kentucky Supreme Court · Dec 19, 2013

    We also conclude that the individual Appellants were engaged in the performance of discretionary duties covered by the qualified official immunity doctrine. … of qualified official immunity.

    Cited 10 timesPublished
  • Krish Singh v. City of Phoenix

    124 F.4th 746 · Court of Appeals for the Ninth Circuit · Dec 26, 2024

    DISCUSSION “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … Qualified Immunity The district court held, and we agree, that Plaintiff has established a plausible, even though not conclusive, constitutional violation at step one of the qualified-immunity analysis.

    Cited 4 timesPublished

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