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  • Jiménez-González v. Alvarez-Rubio

    683 F. Supp. 2d 177 · District Court, D. Puerto Rico · Feb 8, 2010

    The qualified immunity doctrine shields public officials from civil suits as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The second “clearly established” step of the qualified immunity analysis has two aspects. Id. One aspect focuses on “the clarity of the law at the time of the alleged civil rights violation.” Id.

    Cited 9 timesPublished
  • Magro v. City of Vineland

    148 N.J. Super. 34 · New Jersey Superior Court Appellate Division · Mar 9, 1977

    The undisputed facts establish that the nature of the lands herein as rural, undeveloped and unimproved, and the use thereof by plaintiff for swimming qualify to bring into play the immunity granted by the statute, as construed … The statute grants immunity to a landowner under the facts herein — an immunity equally available to a public entity and a private individual or corporation. Affirmed.

    Cited 19 timesPublished
  • Bowser v. Blair County Children and Youth Services

    346 F. Supp. 2d 788 · District Court, W.D. Pennsylvania · Nov 18, 2004

    The Third Circuit has discussed qualified immunity in the following manner and terms: A right is “clearly established” for qualified immunity purposes only if “[t]he contours of the right” are “sufficiently clear that a reasonable … In determining whether qualified immunity is applicable, the Court must first determine for the purposes of the motion if, in fact, a constitutional right was violated, and second, if that right was “clearly established”

    Cited 3 timesPublished
  • Tungwarara v. United States

    400 F. Supp. 2d 1213 · District Court, N.D. California · Oct 13, 2005

    The defense of qualified immunity protects “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … On the uncontested facts of the search here, however, Ludwigs is entitled to qualified immunity. C. Plaintiffs Fifth Amendment Right To Equal Protection Was Not Clearly Established In 2002.

    Cited 1 timesPublished
  • Riley v. City of Montgomery, AL

    104 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Jan 30, 1997

    Accordingly, Wooten is entitled to no immunity for such claims. … The Grant of Summary Judgment to City Defendants Though the district court's opinion largely speaks in terms of qualified immunity, the district court did conclude, in its summary judgment order, that no constitutional

    Cited 62 timesPublished
  • City of Alamo v. Holton

    934 S.W.2d 833 · Texas Court of Appeals, 13th District · Dec 19, 1996

    The City of Alamo appeals from an interlocutory order denying its motion for summary judgment based on qualified immunity. … The terms "qualified immunity,” "official immunity," "quasi-judicial immunity,” "discretionary immunity” and "good faith immunity” refer to affirmative defenses available to governmental employees sued in their individual

    Cited 14 timesPublished
  • Johnson v. City of Detroit

    944 F. Supp. 586 · District Court, E.D. Michigan · Oct 30, 1996

    Government officials performing discretionary functions are afforded qualified immunity shielding them from civil liability under section 1983 if “their conduct does not violate clearly established statutory or constitutional … Accordingly, the officer defendants cannot claim qualified immunity for their conduct on April 11, 1994 on the grounds that the right asserted in Johnson’s complaint is not clearly established.

    Cited 4 timesPublished
  • Furnace v. Oklahoma Corp. Commission

    51 F.3d 932 · Court of Appeals for the Tenth Circuit · Apr 6, 1995

    clearly established when the violation occurred.” … Once the magistrate judge determined that the law was not clearly established, Johnson was entitled to summary judgment on the basis of qualified immunity.

    Cited 1 timesPublished
  • Way v. Shawnee Township

    192 F. Supp. 3d 867 · District Court, N.D. Ohio · Jun 20, 2016

    Qualified Immunity Finally, defendants argue Truesdale is entitled to qualified immunity. *881 Qualified immunity is not a defense to liability. Mitchell v. … was “clearly established” when he or she did so.

    Cited 1 timesPublished
  • Dowling v. Hannigan

    995 F. Supp. 1188 · District Court, D. Kansas · Jan 30, 1998

    Defendant asserts that he is also protected by the doctrine of qualified immunity. Qualified immunity shields defendant from pecuniary lability unless he violated “clearly established” constitutional or statutory norms. … Summary judgment on the question of qualified immunity is therefore inappropriate. IT IS THEREFORE ORDERED that Defendant Lt.

    Cited 0 timesPublished
  • Paul Knox v. Kenneth L. McGinnis and Thomas Roth

    998 F.2d 1405 · Court of Appeals for the Seventh Circuit · Jul 20, 1993

    According to Knox, the qualified immunity defense “is available to protect defendant[s] only as far as case law establishes that th[e] use is constitutional. Beyond these limits, qualified immunity does not apply.” … Knox misunderstands the .qualified immunity doctrine. The question is not whether the conduct is clearly constitutional, but whether it is clearly unconstitutional.

    Cited 92 timesPublished
  • Levine v. Roebuck

    550 F.3d 684 · Court of Appeals for the Eighth Circuit · Dec 4, 2008

    The court then granted Youngs qualified immunity because “the law of the Eighth Circuit was not clearly established at the time of [her] actions.” In Saucier v. … But that proposition was not clearly established by those cases, or by any other.

    Cited 17 timesPublished
  • Cannon v. City and County of Denver

    998 F.2d 867 · Court of Appeals for the Tenth Circuit · Jul 12, 1993

    The court found that the officers did not act in violation of clearly established law. It therefore concluded that the officers were entitled to qualified immunity. … established rights as to be entitled to a qualified immunity defense.

    Cited 97 timesPublished
  • Onofre T. Serrano v. S.W. Francis

    345 F.3d 1071 · Court of Appeals for the Ninth Circuit · Sep 26, 2003

    Government officials who perform discretionary functions generally are entitled to qualified immunity from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … Accordingly, we now move to our analysis of qualified immunity. 3.

    Cited 679 timesPublished
  • Massie v. Cobb County

    255 F. Supp. 3d 1302 · District Court, N.D. Georgia · Jun 1, 2017

    Accordingly, even if Gallimore’s conduct did violate Massie’s Fourth Amendment rights, that, violation did not run afoul of clearly established law, and Gallimore is entitled to qualified immunity. Smith v. … In' response, Massie argues in a cursory fashion that “the record in this case clearly establishes that ... Gallimore acted with actual malice.” [44] at 19. ...

    Cited 2 timesPublished
  • Moreland v. Dorsey

    230 F. Supp. 2d 1338 · District Court, N.D. Georgia · Sep 11, 2002

    Even if the court finds that a public official violated the plaintiffs constitutional rights, the official is entitled to qualified immunity if that particular right was not clearly established at the time of the alleged … Thus, the determination of defendants’ qualified immunity defense turns on whether a clearly established right was violated by their conduct.

    Cited 2 timesPublished
  • El Bey v. Roop

    530 F.3d 407 · Court of Appeals for the Sixth Circuit · Jul 1, 2008

    Qualified immunity protects government officials from liability for civil damages stemming from their performance of discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

    Cited 274 timesPublished
  • Remo Benigni, Dba the Silver Fox v. City of Hemet Roger Miller Jesse Pease Scott Jernigan

    879 F.2d 473 · Court of Appeals for the Ninth Circuit · Jun 15, 1989

    QUALIFIED IMMUNITY This question is properly before the court because the individual defendants moved for a directed verdict on the basis of qualified immunity and subsequently offered it as a ground for judgment NOV. … Thus we conclude that any error in the qualified immunity instruction was harmless.

    Cited 141 timesPublished
  • Olzinski v. MacIona

    714 F. Supp. 401 · District Court, E.D. Wisconsin · Jun 7, 1989

    QUALIFIED IMMUNITY The defendants argue that they are entitled to qualified immunity from suit on the claims for money damages because they “could not have reasonably known that their conduct violated any well established … Once the issue of qualified immunity is properly injected into a case by a motion for summary judgment, the plaintiff bears the burden of demonstrating the existence of the allegedly “clearly established” constitutional right

    Cited 1 timesPublished
  • Delatte v. Genovese

    228 So. 2d 252 · Louisiana Court of Appeal · Nov 17, 1969

    Defendant asserted the judicial immunity conferred by Louisiana Constitution Art. VII, Secs. 70, 71 and 72, and the qualified personal immunity provided pursuant to LSA-R.S. 33 .T555 and LSA-R.S. 28:52. … In Burns, defendant asserted absolute immunity under La.Const. Art. VII, Secs. 70, 71 and 72, and also claimed qualified or conditional immunity.

    Cited 3 timesPublished

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