claim of qualified immunity (New Mexico) · Go Syfert
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claim of qualified immunity in New Mexico

9 New Mexico opinions name it 2 courts 1992–2019 0 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Benavidez v. Shutivagreen
nmctapp · 2015 · cited in 1 New Mexico opinions naming this issue, 2019–2019
1 sentence

2019Medina, 252 F.3d at 1128 . {8} We use a two-step analysis when evaluating a claim of qualified immunity: “(1) the defendant’s alleged conduct violated a constitutional or statutory right, and (2) the right was clearly established at the time of the conduct.” Benavidez, 2015-NMCA-065, ¶ 6 (internal quotation marks and citation omitted).

11
Carrillo v. Rostrogreen
nm · 1992 · cited in 1 New Mexico opinions naming this issue, 2001–2001
2 sentences

2001Carrillo, 114 N.M. at 622 , 845 P.2d at 145 (quotation marks and quoted authority omitted) (addressing a similar argument in relation to the termination of an employee because of the employee's speech). [3] By focusing on St.

2001Carrillo, 114 N.M. at 622 , 845 P.2d at 145 (quotation marks and quoted authority omitted) (addressing a similar argument in relation to the termination of an employee because of the employee's speech). [3] By focusing on St.

11
Cohen v. Beneficial Industrial Loan Corp.green
scotus · 1949 · cited in 1 New Mexico opinions naming this issue, 1999–1999
2 sentences

1999See id. at 546 , 69 S.Ct. 1221 (allowing immediate appeal because “the matters embraced in the decision appealed from are not of such an interlocutory nature as to affect, or to be affected by, decision of the merits of this case”); cf. Mitchell, 472 U.S. at 530 , 105 S.Ct. 2806 (holding “that a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ ” (emphasis added)).

1999See id. at 546 , 69 S.Ct. 1221 (allowing immediate appeal because “the matters embraced in the decision appealed from are not of such an interlocutory nature as to affect, or to be affected by, decision of the merits of this case”); cf. Mitchell, 472 U.S. at 530 , 105 S.Ct. 2806 (holding “that a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ ” (emphasis added)).

11
cluster 578752green
ca10 · 1992 · cited in 1 New Mexico opinions naming this issue, 1999–1999
1 sentence

1999Workman v. Jordan, 958 F.2d 332, 336 (10th Cir.1992).

11
Soares v. State of Connecticutgreen
ca2 · 1993 · cited in 1 New Mexico opinions naming this issue, 1995–1995
1 sentence

1995Qualified Immunity. 28 The doctrine of qualified immunity protects government officials from personal liability if their conduct either " 'did not violate "clearly established rights" of which a reasonable person would have known, or ... it was "objectively reasonable" to believe that [their] acts did not violate these clearly established rights.' " Soares v. Connecticut, 8 F.3d 917, 920 (2d Cir.1993) (quoting Finnegan v. Fountain, 915 F.2d 817, 823 (2d Cir.1990)). "[A] district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable 'f

11
Patricia Finnegan v. Richard Fountaingreen
ca2 · 1990 · cited in 1 New Mexico opinions naming this issue, 1995–1995
1 sentence

1995Qualified Immunity. 28 The doctrine of qualified immunity protects government officials from personal liability if their conduct either " 'did not violate "clearly established rights" of which a reasonable person would have known, or ... it was "objectively reasonable" to believe that [their] acts did not violate these clearly established rights.' " Soares v. Connecticut, 8 F.3d 917, 920 (2d Cir.1993) (quoting Finnegan v. Fountain, 915 F.2d 817, 823 (2d Cir.1990)). "[A] district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable 'f

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Mitchell v. Forsyth green
scotus · 1985
2 sentences

1999See id. at 546 , 69 S.Ct. 1221 (allowing immediate appeal because “the matters embraced in the decision appealed from are not of such an interlocutory nature as to affect, or to be affected by, decision of the merits of this case”); cf. Mitchell, 472 U.S. at 530 , 105 S.Ct. 2806 (holding “that a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ ” (emphasis added)).

1999See id. at 546 , 69 S.Ct. 1221 (allowing immediate appeal because “the matters embraced in the decision appealed from are not of such an interlocutory nature as to affect, or to be affected by, decision of the merits of this case”); cf. Mitchell, 472 U.S. at 530 , 105 S.Ct. 2806 (holding “that a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ ” (emphasis added)).

31992–1999
Williams v. Board of County Commissioners green
nmctapp · 1998
2 sentences

2001“This immunity extends to law enforcement officers.” Williams v. Bd. of County Commr’s of San Juan County, 1998-NMCA-090, ¶ 22 , 125 N.M. 445 , 963 P.2d 522 . {15} In evaluating a claim of qualified immunity, we perform a two-step inquiry.

2001“This immunity extends to law enforcement officers.” Williams v. Bd. of County Commr’s of San Juan County, 1998-NMCA-090, ¶ 22 , 125 N.M. 445 , 963 P.2d 522 . {15} In evaluating a claim of qualified immunity, we perform a two-step inquiry.

22001–2001
Medina v. Cram green
ca10 · 2001
1 sentence

2019Medina, 252 F.3d at 1128 . {8} We use a two-step analysis when evaluating a claim of qualified immunity: “(1) the defendant’s alleged conduct violated a constitutional or statutory right, and (2) the right was clearly established at the time of the conduct.” Benavidez, 2015-NMCA-065, ¶ 6 (internal quotation marks and citation omitted).

12019–2019
Starko, Inc. v. Gallegos green
nmctapp · 2006
1 sentence

2018“The applicability of qualified immunity is a question of law that 11 we review de novo.” Starko, Inc., 2006-NMCA-085, ¶ 11 . 12 {5} In evaluating a claim of qualified immunity, we begin by examining whether 13 a violation of a constitutional right was alleged.

12018–2018
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

2001Qualified immunity is necessary to protect public officers "from undue interference with their duties and from potentially disabling threats of liability." Id. at 806 , 102 S.Ct. 2727 . {9} The United States Supreme Court has established the proper procedure in assessing a claim of qualified immunity.

2001Qualified immunity is necessary to protect public officers "from undue interference with their duties and from potentially disabling threats of liability." Id. at 806 , 102 S.Ct. 2727 . {9} The United States Supreme Court has established the proper procedure in assessing a claim of qualified immunity.

12001–2001
Wilson v. Layne green
scotus · 1999
2 sentences

2001"A court evaluating a claim of qualified immunity must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established at the time of the alleged violation." Wilson v. Layne, 526 U.S. 603, 609 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (quotation marks and quoted authority omitted).

2001"A court evaluating a claim of qualified immunity must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established at the time of the alleged violation." Wilson v. Layne, 526 U.S. 603, 609 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (quotation marks and quoted authority omitted).

12001–2001
Conn v. Gabbert green
scotus · 1999
2 sentences

1999Are Defendants Entitled to Qualified Immunity? {20} In evaluating a claim of qualified immunity we “must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established at the time of the alleged violation.” Conn v. Gabbert, 526 U.S. 286 , -, 119 S.Ct. 1292, 1295 , 143 L.Ed.2d 399 (1999). {21} In support of his contention that Defendants’ conduct violated clearly established law, Plaintiff relies on a statute and case law.

1999Are Defendants Entitled to Qualified Immunity? {20} In evaluating a claim of qualified immunity we “must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established at the time of the alleged violation.” Conn v. Gabbert, 526 U.S. 286 , -, 119 S.Ct. 1292, 1295 , 143 L.Ed.2d 399 (1999). {21} In support of his contention that Defendants’ conduct violated clearly established law, Plaintiff relies on a statute and case law.

11999–1999

Statutes the citing opinions construe

USC § 42u.s.c.1983 (9) NM § N.M. Stat. § 37-1-23 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 27 (1939–2026) FL 23 (1992–2021) TX 10 (2002–2019) NM 9 (1992–2019) CA 6 (1975–2013) WA 5 (1991–2013) MA 5 (2000–2006) VT 5 (1991–2025) OH 5 (1987–2022) IL 5 (2002–2022) WI 4 (1996–2005) WY 4 (1993–2012) CT 3 (1994–2026) MN 3 (1990–2001) MD 3 (1989–2012) OK 3 (1990–1995) AR 3 (1998–2019) CO 2 (1994–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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