defense of qualified immunity (Mississippi) · Go Syfert
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defense of qualified immunity in Mississippi

6 Mississippi opinions name it 2 courts 1991–2005 0 in the last five years

The cases below were cited by Mississippi 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 (3)

CaseFollowedCited
Thomas \Jack\" Fitzgerald v. John P. McDaniel and Wayne \"Cowboy\" Morrisgreen
· 1987 · cited in 2 Mississippi opinions naming this issue, 1995–1998
2 sentences

1998See also Fitzgerald v. McDaniel, 833 F.2d 1516, 1520 (11th Cir.1987) (because defendants raised and litigated a defense of qualified immunity, the lawsuit was filed against them in their individual capacities); and Conner v. Reinhard, 847 F.2d 384 , 394 n. 8 (7th Cir.1988) (defense of qualified immunity indicates action brought against defendants in individual capacity). ¶ 28.

1995See also Fitzgerald v. McDaniel, 833 F.2d 1516, 1520 (11th Cir. 1987) (because defendants raised and litigated a defense of qualified immunity, the lawsuit was filed against them in their individual capacities); and Conner v. Reinhard, 847 F.2d 384 , 394 n.8 (7th Cir. 1988) (defense of qualified immunity indicates action brought against defendants in individual capacity). ¶28.

22
cluster 705915green
ca3 · 1995 · cited in 2 Mississippi opinions naming this issue, 1995–1997
2 sentences

1997To overcome the defense of qualified immunity in an IDEA claim, "a plaintiff must show more than that he or she was denied a free, appropriate public education in a general sense; rather, a plaintiff must demonstrate `that the particular actions taken by defendants were impermissible under law established at that time.'" W.B. v. Matula, 67 F.3d 484, 499-500 (3d Cir.1995) ( quoting P.C. v. McLaughlin, 913 F.2d 1033, 1040 (2d Cir.1990)).

1995To overcome the defense of qualified immunity in an IDEA claim, "a plaintiff must show more than that he or she was denied a free, appropriate public education in a general sense; rather, a plaintiff must demonstrate 'that the particular actions taken by defendants were impermissible under law established at that time.'" W.B. v. Matula, 67 F.3d 484, 499-500 (3d Cir. 1995) (quoting P.C. v. McLaughlin, 913 F.2d 1033, 1040 (2d Cir. 1990)).

22
cluster 547607green
ca2 · 1990 · cited in 2 Mississippi opinions naming this issue, 1995–1997
2 sentences

1997To overcome the defense of qualified immunity in an IDEA claim, "a plaintiff must show more than that he or she was denied a free, appropriate public education in a general sense; rather, a plaintiff must demonstrate `that the particular actions taken by defendants were impermissible under law established at that time.'" W.B. v. Matula, 67 F.3d 484, 499-500 (3d Cir.1995) ( quoting P.C. v. McLaughlin, 913 F.2d 1033, 1040 (2d Cir.1990)).

1995To overcome the defense of qualified immunity in an IDEA claim, "a plaintiff must show more than that he or she was denied a free, appropriate public education in a general sense; rather, a plaintiff must demonstrate 'that the particular actions taken by defendants were impermissible under law established at that time.'" W.B. v. Matula, 67 F.3d 484, 499-500 (3d Cir. 1995) (quoting P.C. v. McLaughlin, 913 F.2d 1033, 1040 (2d Cir. 1990)).

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Barbara Conner v. Rudy G. Reinhard green
ca7 · 1988
2 sentences

1998See also Fitzgerald v. McDaniel, 833 F.2d 1516, 1520 (11th Cir.1987) (because defendants raised and litigated a defense of qualified immunity, the lawsuit was filed against them in their individual capacities); and Conner v. Reinhard, 847 F.2d 384 , 394 n. 8 (7th Cir.1988) (defense of qualified immunity indicates action brought against defendants in individual capacity). ¶ 28.

1995See also Fitzgerald v. McDaniel, 833 F.2d 1516, 1520 (11th Cir. 1987) (because defendants raised and litigated a defense of qualified immunity, the lawsuit was filed against them in their individual capacities); and Conner v. Reinhard, 847 F.2d 384 , 394 n.8 (7th Cir. 1988) (defense of qualified immunity indicates action brought against defendants in individual capacity). ¶28.

21995–1998
Sanchez v. Swyden green
ca5 · 1998
1 sentence

2005The Fifth Circuit has stated, “a public official may successfully assert the defense of qualified immunity even though the official violates a person’s civil rights, provided the official’s conduct was objectively reasonable.” Id.

12005–2005
Hudson v. Rausa green
miss · 1984
2 sentences

1991Plaintiff relies on Hudson v. Rausa, 462 So.2d 689 (Miss. 1984) which stated that the defense of qualified immunity will not lie when the Defendant has "substantially exceeded his authority." The Court is of the opinion that the Plaintiff has stated no facts which indicate that the Sheriff did exceed his authority.

1991Plaintiff relies on Hudson v. Rausa, 462 So.2d 689 (Miss. 1984) which stated that the defense of qualified immunity will not lie when the Defendant has "substantially exceeded his authority." The Court is of the opinion that the Plaintiff has stated no facts which indicate that the Sheriff did exceed his authority.

11991–1991
Grantham v. Dept. of Corrections green
miss · 1988
2 sentences

1991The Court in relying on Grantham v. Department of Corrections, 522 So.2d 219 (Miss. 1986 [1988]), referring to Rausa stated that public officials, such as Sheriff Williams, lose qualified immunity only when they substantially exceed their authority and commit willful wrongs or malicious acts under color of office.

1991The Court in relying on Grantham v. Department of Corrections, 522 So.2d 219 (Miss. 1986 [1988]), referring to Rausa stated that public officials, such as Sheriff Williams, lose qualified immunity only when they substantially exceed their authority and commit willful wrongs or malicious acts under color of office.

11991–1991

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-46-1 (5) MS § Miss. Code Ann. § 11-46-6 (4) MS § Miss. Code Ann. § 11-46-9 (3) USC § 42u.s.c.1983 (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 46 (1944–2024) TX 35 (1978–2024) OH 34 (1980–2026) NC 29 (1963–2022) NJ 20 (1975–2025) AL 18 (1991–2025) CA 15 (1921–2017) MA 14 (1991–2026) CT 12 (1992–2009) MD 11 (1959–2020) FL 11 (1981–2010) NM 10 (1964–2024) MI 9 (1987–2019) PA 9 (1938–2025) MO 9 (1954–2000) DC 8 (1970–2024) WV 8 (1943–2023) CO 7 (1990–2002) WY 7 (1989–2021) SC 7 (1962–2015) LA 6 (1977–2008) IA 6 (1972–2013) MS 6 (1991–2005) WI 6 (1987–2000) AZ 6 (1970–2011) SD 6 (1993–2021) TN 5 (1996–2011) GA 5 (1992–2015) WA 4 (1978–2024) KS 4 (1994–2013) VA 4 (1985–2014) IN 4 (1977–1989) OK 4 (1981–2017) OR 4 (1960–2012) ME 3 (1998–2023) ID 3 (1987–2004) IL 3 (1975–2006) AR 3 (1987–2013) NE 2 (1931–1999) VT 2 (2024–2024) MN 2 (1994–1997) RI 2 (1992–2023)

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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