Case law
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Szuch v. FirstEnergy Nuclear Operating Co.
2016 Ohio 620 · Ohio Court of Appeals · Feb 19, 2016
Nuisance may be further divided into “absolute” and “qualified.” … . {¶ 54} Alternatively, appellants argue that the operation of the range above the noise regulations is evidence of negligence sufficient to establish a qualified nuisance.
Cited 6 timesPublishedJiménez-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 timesPublished834 F. Supp. 398 · District Court, M.D. Georgia · Oct 19, 1993
Suits against state employees in their individual capacities may be subject to qualified or good faith immunity, and such defendants are shielded from liability insofar as their conduct does not violate “ ‘clearly established … Busby also preserves qualified immunity when there is no violation of a clearly defined property interests associated with substantive due process, and in the present ease there is no clearly defined property interest that
Cited 3 timesPublished373 F. Supp. 2d 1211 · District Court, D. Kansas · Jun 13, 2005
Qualified immunity provides government officials immunity from suit as well as from liability for their discretionary acts. See Mitchell v. … the *1217 non-renewal of his scholarship was not clearly established.
Cited 3 timesPublished890 F.2d 273 · Court of Appeals for the Tenth Circuit · Nov 27, 1989
Runner, 854 F.2d 374 (10th Cir.1988): 8 Qualified immunity is an affirmative defense that protects government officials from personal liability unless their actions violate clearly established law of which a reasonable person … Id. 12 Officer Spinharney concedes that Zuchel's right to be free from excessive force is a clearly established right. Opening Brief of Appellant at 24.
Cited 25 timesPublished400 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 timesPublishedShirley Mello Rodriques v. Joseph Furtado
950 F.2d 805 · Court of Appeals for the First Circuit · Dec 5, 1991
Qualified Immunity We turn next to appellee Furtado’s defense of qualified immunity. … In assessing the Supreme Court’s rulings regarding qualified immunity in Harlow and Anderson, see note 3 supra, this court has established the applicable standard of qualified immunity for police officers conducting arrests
Cited 95 timesPublished148 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 timesPublishedRiley 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 timesPublished192 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 timesPublishedFurnace 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 timesPublished995 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 timesPublishedIdom v. Natchez-Adams School District
115 F. Supp. 3d 792 · District Court, S.D. Mississippi · Jul 14, 2015
In assessing a claim of qualified immunity, courts apply the two pronged analysis established in Saucier v. … Turning to Hill and Smith, both have raised the defense of qualified immunity. To overcome this defense, Idom must allege that a clearly established constitutional right was violated.
Cited 10 timesPublishedDistrict Court, D. Arizona · Jun 3, 2020
Qualified Immunity 17 Finally, the Glendale Defendants argue they are entitled to qualified immunity … In that scenario, the Glendale Defendants would be entitled to 4 qualified immunity. Reed v.
Cited 0 timesUnknownPaul 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 timesPublished550 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 timesPublishedCannon 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 timesPublished122 F.3d 1207 · Court of Appeals for the Ninth Circuit · Aug 25, 1997
A school counselor appealed from an order denying him qualified immunity on the ground that his alleged conduct in failing to take steps to stop sexual harassment violated clearly established rights under Title IX. … We hold only that the duty to take reasonable steps is clearly established. For the foregoing reasons, we AFFIRM the District Court’s order denying qualified immunity to the defendants.
Cited 7 timesPublishedOnofre 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 timesPublished530 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
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