Case law
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78 F.4th 1140 · Court of Appeals for the Ninth Circuit · Aug 25, 2023
Nguyen was entitled to qualified immunity because it was not clearly established that his actions violated the Constitution. II. … Analysis A government official is entitled to qualified immunity “unless the plaintiff raises a genuine issue of fact showing (1) ‘a violation of a constitutional right,’ and (2) that the right was ‘clearly established
Cited 19 timesPublished13 F.3d 791 · Court of Appeals for the Fourth Circuit · Jan 6, 1994
Government officials have qualified immunity for discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Stroud Because of the nature of § 1983 supervisory liability, the plaintiffs must make several separate showings to demonstrate that Stroud lacked qualified immunity: (1) it was “clearly established” at the time of Morris
Cited 1,828 timesPublishedNicholas C. Omdahl, Roger C. Omdahl, and Linda Omdahl v. David E. Lindholm and Michael G. Stoffel
170 F.3d 730 · Court of Appeals for the Seventh Circuit · Mar 15, 1999
It is also the key dispute as to whether the Omdahls established the existence of an alleged constitutional violation and, thus, whether they can successfully refute the qualified immunity defense. … The qualified immunity defense places the burden of establishing the existence of the alleged constitutional violation on the Omdahls. See Clash, 77 F.3d at 1047 .
Cited 10 timesPublishedFrank Zavaro v. Thomas A. Coughlin, Iii, C.R. Homrighouse
970 F.2d 1148 · Court of Appeals for the Second Circuit · Jul 31, 1992
We have previously articulated the standard for establishing a defense of qualified immunity. … Coughlin, 774 F.Supp. 189, 199-200 (S.D.N.Y.1991) (holding that a hearing officer is not entitled to qualified immunity for *1154 violating inmate’s clearly established right to an independent assessment of informants’ reliability
Cited 70 timesPublishedClay v. Board of Trustees of Neosho County Community College
905 F. Supp. 1488 · District Court, D. Kansas · Oct 13, 1995
To summarize, public officials enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … A claim of qualified immunity is analyzed as follows: Once a claim of qualified immunity is adequately raised by a defendant, the plaintiff must “show that the law was clearly established when the alleged violation occurred
Cited 20 timesPublished133 F.4th 433 · Court of Appeals for the Fifth Circuit · Apr 2, 2025
immunity because the Former Employees have failed to cite a clearly established right. … Nonetheless, the Commissioner is entitled to qualified immunity because the Former Employees’ claims against her are not based on clearly established law. See Pearson v. Callahan, 555 U.S. 223, 231 (2009).
Cited 21 timesPublished2006 DNH 110 · District Court, D. New Hampshire · Sep 27, 2006
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
Cited 0 timesPublishedApril Sabbe v. Washington Cnty Bd of Comm'rs
84 F.4th 807 · Court of Appeals for the Ninth Circuit · Oct 17, 2023
“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … I would hold that Defendants’ entry onto Sabbe’s property was a clearly established violation of the Fourth Amendment, as to which Defendants are not entitled to qualified immunity.
Cited 29 timesPublished519 F.3d 607 · Court of Appeals for the Sixth Circuit · Mar 21, 2008
“Qualified immunity is an affirmative defense that shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … When considering a claim of qualified immunity, “[t]he relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful
Cited 16 timesPublished222 F. Supp. 3d 203 · District Court, E.D. New York · Sep 30, 2016
and qualified immunity doctrines. … Defendants are not entitled to qualified immunity.
Cited 4 timesPublished31 F.4th 692 · Court of Appeals for the Ninth Circuit · Apr 11, 2022
It has long been established that prosecutors enjoy absolute immunity from damages suits under § 1983 for activities that are “intimately associated with the judicial phase of the criminal process.” Imbler v. … LARA that Ray does not qualify for the imminent danger exception to § 1915(g). 9 IV Because Ray has both accumulated three strikes and failed to establish a sufficient nexus between
Cited 353 timesPublishedErskine v. Commissioner of Corrections
682 A.2d 681 · Supreme Judicial Court of Maine · Aug 15, 1996
In their answer, the defendants raised the affirmative defenses of sovereign and qualified immunity, M.R.Civ.P. 8(c). … Despite their knowledge of Robinson’s violent nature, the defendants are entitled to the defense of qualified immunity for purposes of section 1983 liability.
Cited 16 timesPublishedHilliard v. City & County of Denver
930 F.2d 1516 · Court of Appeals for the Tenth Circuit · Apr 24, 1991
This case is an appeal by defendant police officers from the denial of their motion for summary judgment based on qualified immunity. … The defendants moved to dismiss, arguing that the law controlling their actions was not clearly established, and that they therefore had qualified immunity from suit. 1 The district court dismissed all of the plaintiff’s
Cited 20 timesPublished807 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 timesPublished5 F.3d 230 · Court of Appeals for the Seventh Circuit · Sep 14, 1993
Under the doctrine of qualified immunity, police officers are shielded from suit for damages if “a reasonable officer could have believed [the action taken was] lawful, in light of clearly established law and the information … An officer’s actions are considered objectively unreasonable “ ‘only if the right allegedly violated is clearly established in a sufficiently particularized sense at the time of the actions at issue.’ ” Knox, 998 F.2d at
Cited 98 timesPublished50 F. Supp. 2d 1129 · District Court, D. Utah · May 27, 1999
Defendants are entitled to qualified immunity. … “Qualified immunity spares Defendants the burden of proceeding with the litigation unless Plaintiff can show that Defendants violated ‘clearly established statutory or constitutional rights of which a reasonable person would
Cited 6 timesPublishedNash v. Duncan Park Commission
304 Mich. App. 599 · Michigan Court of Appeals · Mar 20, 2014
THE INDENTURE’S USE OF TRUST LANGUAGE Moreover, the document’s language clearly contemplates the establishment of a trust. “[I]t requires no particular form of words to create a trust.” … Although not argued by defendants, we have considered whether the Commission is a “board,” thereby qualifying as immune under MCL 691.1401(e).
Cited 21 timesPublished340 F.3d 952 · Court of Appeals for the Ninth Circuit · Aug 21, 2003
Qualified Immunity 8 A district court's decision to grant summary judgment on the grounds of qualified immunity is reviewed de novo. Case v. Kitsap County Sheriff's Dep't, 249 F.3d 921 , 925 (9th Cir.2001). … If the right is not clearly established, the defendant is entitled to qualified immunity. Id.
Cited 22 timesPublishedPoston v. Unified School District No. 387
286 Kan. 809 · Supreme Court of Kansas · Aug 1, 2008
A school gymnasium has been held to be *814 qualified “public property” for the purposes of K.S.A. 2007 Supp. 75-6104(o), and its use for basketball practice was clearly a recreational use. … Curiously, Jackson *821 I makes that point quite clearly.
Cited 5 timesPublishedWeigle v. Pifer ex rel. City of Vienna Police Department
139 F. Supp. 3d 760 · District Court, S.D. West Virginia · Oct 14, 2015
These material disagreements preclude the application of qualified immunity to the officers at this juncture. The right to be free from excessive force during an arrest is a clearly established constitutional right. … Our Court of Appeals has explained that, in circumstances where qualified immunity is invoked, if there is a “genuine question of material fact regarding ‘[w]hether the conduct allegedly violative of [such a clearly established
Cited 73 timesPublished
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