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qualified immunity · Page 2 of 64 · 50 ms
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· 1 cases
a governmental entity may not assert qualified immunity from a suit for damages qualified immunity defense is only available to parties sued in their…
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but qualified immunity does not shield public officials from discovery entirely . . . discovery may be appropriate for the limited purpose of addressing the issue of…
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e have jurisdiction over law-based denials of qualified immunity, but do not have jurisdiction over a genuine-issue-of- fact-based denial of…
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when a defendant asserts an entitlement to qualified immunity on pickering grounds, this court analyzes the argument under the reasonableness prong of the qualified…
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when a defendant fails on a pretrial qualified immunity claim, he nonetheless can plead qualified immunity as an affirmative defense and resurrect the claim…
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when the defense of qualified immunity is raised, it is the plaintiff's burden to prove that the state officials are not entitled to…
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· 2 cases
qualified immunity defense does not automatically bar all discovery.
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ctions taken as an investigator enjoy only qualified immunity.
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· 1 cases
qualified immunity is a defense that must be pleaded.
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Siegert v. Gilley, 1991 · Supreme Court
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harlow ... purged qualified immunity doctrine of its subjective components
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if the answer is no, we grant qualified immunity.
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qualified immunity standard gives ample room for mistaken judgments
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Hunter v. Bryant, 1991 · Supreme Court
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qualified or 'good faith' immunity is an affirmative defense....
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· 2 cases
unlike public officials, municipalities do not enjoy qualified immunity.
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Owens v. Baltimore City State's Attorneys Office, 2014 · Fourth Circuit
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· 2 cases
west virginia's qualified immunity jurisprudence mirrors federal law.
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a qualified immunity analysis is unnecessary under title vii
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efendants are entitled to qualified immunity against rfra claim.
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Rasul v. Myers, 2008 · D.C. Circuit
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· 1 cases
if the answer is no, we grant qualified immunity
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· 1 cases
is not entitled to qualified immunity on surviving claims.
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only individuals, not governmental entities, can assert qualified immunity.
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only individuals, not municipalities, are protected by qualified immunity.
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United States v. Prows, 2006 · Tenth Circuit
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qualified immunity . . . protects lower level officials, employees and agents...
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qualified immunity ... should be resolved as early as possible.
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Mecham v. Frazier, 2007 · Tenth Circuit
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qualified immunity is generally not available to private parties.
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Firwood Manufacturing Company, Inc. v. General Tire, Inc., 1996 · Sixth Circuit
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udicial deception alone is sufficient to overcome . . . qualified immunity.
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without an underlying constitutional violation, qualified immunity cannot attach.
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under the clear terms of , which provides immunity from liability, an employee's qualified immunity is not immunity from suit.
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· 4 cases
in evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state's substantive law…
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Audler v. CBC Innovis Inc., 2008 · Fifth Circuit
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· 1 cases
but as a threshold matter, maricopa county is not eligible for qualified immunity because counties do not enjoy immunity from suit-either absolute or…
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· 2 cases
when, as here, a defendant raises qualified immunity as a defense, the plaintiff bears the burden of demonstrating that the defendant is not entitled…
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· 1 cases
because officers only mentioned qualified immunity in their motion for summary judgment in a perfunctory manner, devoid of applied facts or developed argumentation, they…
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Rich v. City of Mayfield Heights, 1992 · Sixth Circuit
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· 1 cases
in denying qualified immunity, the district court relied solely on an unpublished opinion . . . . the defendants argue that a single unpublished opinion cannot establish qualified…
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Williams v. Borrego, 2021 · Tenth Circuit
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when federal qualified immunity and ohio state-law immunity under ohio rev. code 2744.03(a)(6) rest on the same questions of material…
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· 2 cases
where a plaintiff's pleadings assert facts which, if proven, would defeat a qualified immunity defense, limited discovery may be permitted tailored to the…
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· 1 cases
ecause the district court did not address the qualified immunity defense, it did not enter a final appealable order with respect to qualified immunity…
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United States v. Louis B. Oberhauser, 2002 · Eighth Circuit
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· 1 cases
more facts are necessary to make the qualified immunity determination . . . . accordingly, the court will recommend that a conclusive decision on qualified immunity await a…
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· 1 cases
oth graham and williams are entitled to qualified immunity for the same reasons that they are entitled to qualified immunity for plaintiffs' equal protection…
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Diane Boger v. Wayne County Vernice Davis-Anthony, 1991 · Sixth Circuit
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· 3 cases
qualified immunity may be raised in a motion to dismiss.
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Ashcroft v. al-Kidd, 2011 · Supreme Court
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· 1 cases
overcoming qualified immunity is especially difficult in excessive-force cases
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Mullenix v. Luna, 2015 · Supreme Court
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stating that qualified immunity available only in individual capacity suits....
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Kentucky v. Graham, 1985 · Supreme Court
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the burden of establishing entitlement to qualified immunity is on .
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for executive officers in general, ... qualified immunity represents the norm.
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Malley v. Briggs, 1986 · Supreme Court
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an official may plead an affirmative defense of qualified immunity.
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npublished decisions of district courts may inform qualified immunity analysis.
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qualified immunity is an affirmative defense that may be waived.
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Janet Bogle, Sherri Bowers v. William McClure, Mary Jamerson Ward, 2003 · Eleventh Circuit
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· 2 cases
qualified immunity shields officials from civil liability in 1983 actions . . . .
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· 1 cases
the burden of establishing entitlement to qualified immunity is on
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the qualified immunity standard 'gives ample room for mistaken judgments.
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Ashcroft v. al-Kidd, 2011 · Supreme Court
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· 2 cases
though rare, trial courts may consider qualified immunity after trial.
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Estate of Rudy Escob v. Brian Marti, 2012 · Seventh Circuit
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· 1 cases
a reasonable mistake of law does not defeat qualified immunity.