Case law
Opinions from 1658 to today.
9,074 results
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Millspaugh v. Wabash County Department of Public Welfare
746 F. Supp. 832 · District Court, N.D. Indiana · Jul 31, 1990
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 … clearly established at the time of the alleged violation.
Cited 2 timesPublished383 F. Supp. 3d 826 · District Court, S.D. Indiana · May 28, 2019
Because Officer *833 Blackwell relies on qualified immunity and the parties focus on whether his actions violated clearly established law, the Court exercises its discretion to begin with that prong of the qualified-immunity … Todero and (2) are regardless entitled to qualified immunity because they violated no clearly established right. Dkt. 116 at 19, 25. Ms.
Cited 9 timesPublished975 F. Supp. 2d 930 · District Court, S.D. Indiana · Sep 30, 2013
In particular, the statute provides officials qualified immunity for “[t]he performance of a discretionary function.” Ind.Code § 34-13-3-3(7). … As with common law qualified immunity under Section 1983, an official’s conduct does not merit exemption from suit if it “violate[s] clearly established statutory or constitutional rights of which a reasonable person should
Cited 10 timesPublishedDistrict Court, S.D. Indiana · Aug 30, 2024
Hoover's right to meaningful review of his placement in segregation, it need not address their argument that they are entitled to qualified immunity. See Abbott v. … constitutional right was 'clearly established’ at the time of the official's alleged misconduct.").
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Jan 10, 2022
A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor … Ct. 577, 590 (2018) (constitutional right is clearly established for purposes of qualified immunity analysis if "every reasonable official would interpret [then-existing precedent] to establish the particular rule the plaintiff
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Sep 17, 2025
"Qualified immunity is a doctrine that 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 … Defendants frame their qualified immunity argument (as it relates to the conditions claim rather than the medical deliberate indifference claim) as follows: It has not been clearly established that using a squeegee
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Aug 29, 2024
It is unclear whether providers hired by a prison to provide care to inmates can raise the qualified immunity defense. See Currie v. … constitutional right was ‘clearly established" at the time of the official's alleged misconduct.").
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Feb 14, 2023
"A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … Stefanov has failed to establish that the constitutional right that he claims was violated was clearly established, Officer McIntyre is entitled to qualified immunity on Mr.
Cited 0 timesUnknownESTATE OF TAVARIS McGUIRE v. BAKER
District Court, S.D. Indiana · Nov 4, 2022
"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. … The Court then turns to the next question in the qualified immunity analysis which is whether the right at issue was clearly established at the time McGuire was arrested and under the circumstances presented.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Sep 8, 2021
Lemmon, 911 F.3d 412, 419 (7th Cir. 2018) (finding waiver where plaintiff did not address the “clearly established” prong of qualified immunity in the district court). … What this argument ignores is the fact that qualified immunity is a question of law for the Court to decide; the existence of a clearly established right is not an issue for a jury. Brown v. Knapp, 156 F.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Mar 1, 2022
Qualified immunity shields officials from liability unless a claimant proves two elements: first, that the official violated a constitutional right; and second, that this right was clearly established at the time of the … Argument on probable cause collapses into the second step of the qualified immunity analysis. The right to be free from warrantless arrests without probable cause has long been clearly established. Burritt v.
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Jun 11, 2021
Qualified Immunity Standard "'Public officials are immune from suit under 42 U.S.C. § 1983 unless they have "violated a statutory or constitutional right that was clearly established … Because "[t]he principle of fair notice pervades the doctrine" of qualified immunity, "clearly established law cannot be framed at a 'high level of generality.'"
Cited 0 timesUnknownCHANLEY v. CITY OF EVANSVILLE INDIANA
District Court, S.D. Indiana · Mar 30, 2023
The Officers argue that they're entitled to qualified immunity on that claim because "an arrestee's Fourth Amendment right to medical care . . . was not a clearly established right on October 28, 2019." … 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 person would have
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Oct 18, 2022
"A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right." Dockery v. … A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Jun 27, 2022
To determine whether the Officers are entitled to qualified immunity, the Court must determine whether as of September 13, 2019, the law had clearly established that a police officer violates an arrestee's Fourth Amendment … As Plaintiffs note, in 2017, the Seventh Circuit clearly established that an officer's failure to take any action in light of a detainee's serious medical need precludes qualified immunity. 872 F.3d at 460.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Sep 22, 2025
Qualified immunity Lastly, Sgt. … Haskell and Officer Sanders argue they are entitled to qualified immunity because their actions did not violate any clearly established law. ECF 103 at 7-9.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Dec 2, 2020
Defendants further contend that Deputy Mendoza is entitled to qualified immunity because he did not violate Burn’s clearly-established rights. … Therefore, Mendoza is entitled to summary judgment based upon the clearly-established prong of the qualified immunity analysis.
Cited 0 timesUnknownWilliams v. Indiana Department of Child Services
District Court, N.D. Indiana · Jul 9, 2019
The Seventh Circuit has found social workers are entitled to absolute and qualified immunity in various situations. Brokaw v. … clearly established”); Millspaugh v.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Sep 13, 2021
He previously only raised a qualified immunity argument on that issue. … The doctrine 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
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Mar 31, 2021
"Once qualified immunity is raised, the plaintiff has the burden of establishing that his or her rights were violated and that the law concerning the proffered right 'was clearly established at the time the challenged … Muse "has the burden of establishing" that his rights were violated under "clearly established" law in order to overcome qualified immunity. Burritt, 807 F.3d at 249.
Cited 0 timesUnknown
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