qualified immunity 1983

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More than 10.000 documents for qualified immunity 1983

- An empirical analysis of section 1983 qualified immunity actions and implications of Pearson v. Callahan.
INTRODUCTION I. QUALIFIED IMMUNITY AND THE SEQUENCING DEBATE: A SUMMARY A. The Pre-Siegert Period (Period One): No Guidance from the Court B. The Pre-...
- Stanford Law Review
- Vol. 62 Nbr. 2, January 2010
- Garvey v. Vermilion, (Ohio 2012)
Qualified immunity, constitutional violations, summary judgment, excessive force, failure to investigate, 42 U.S.C. §1983, R.C. 2744.02, intentional infliction of emotional distress

... Co., 13 Ohio App.3d 7, 12 (6th Dist.1983). {¶11} Pursuant to Civ.R. 56(C), summary j...
- Ohio Supreme Court
- The Qualified Immunity Quagmire in Public Employees' Section 1983 Free Speech Cases
The Pickering balancing test reflects the dual-capacity issue that arises when the State and an individual enter into an employment relationship. In such cases, the government acts as both as a sovereign and as an employer; the individual is concurrently a citizen and an employee. The law, therefore, recognizes the government's discretionary power to make employment decisions affecting the agency's business efficiency and operational concerns, including decisions restricting or retaliating against an individual employee's speech. Here, DeMarco explores the ways in which federal courts have tried to reconcile the fact-specific Pickering balancing test of public employee free speech cases with the "clearly established law" requirement of the qualified immunity doctrine.
- Review of Litigation, The
- Vol. 25 Nbr. 2, April 2006

- A Rock, a Hard Place, and a Reasonable Suspicion: How the United States Supreme Court Stripped School Officials of the Authority to Keep Students Safe
Introduction - II. Teachers, don‘t leave them kids alone - A. America’s Most Important Function - B. Strip Searches - C. The United States Constitution Places Strict Constraints on the Strip Search of a Student - D. New Jersey v. T.L.O.: A Student’s Rights Under the Fourth Amendment - E. Challenging a Search of a Student’s Person: 42 U.S.C. § 1983 and Qualified Immunity - III. Safford unified school district v. redding: The Supreme Court speaks - IV. The twin pitfalls of silence and ambiguity - A. Reconciling Redding and T.L.O. - B. Distinct Elements of Justification - V. Ending the search for salvation: a warrant requirement - A. How Will It Work? - B. When Will It Work? - C. What Are Its Benefits? - D. Test Suite - VI. Conclusion
- Louisiana Law Review
- Nbr. 71-1, October 2010
- U.S. Supreme Court to Decide Whether Police Acted in Good Faith
The U.S. Supreme Court has agreed to decide whether police officers are entitled to qualified immunity in a [section]1983 lawsuit challenging their obtaining a facially valid warrant to search for firearms, firearm-related materials and gang-related items in the residence of a gang member who had threatened to kill his girlfriend with a specifically identifiable sawed-off shotgun. The Court will review a decision from the en banc 9th Circuit, which said that police were not entitled to immunity for their execution of an overbroad search warrant. (See "Search warrant for 'all firearms' is overbroad," Lawyers USA, Aug. 25, 2010.)
- Lawyers USA
- July 05, 2011
- Richardson v. McKnight, 521 U.S. 399 (1997)
...S. C. § 1983 for physical injuries inflicted by petitioner pris... firm, they were not entitled to qualified immunity from § 1983 lawsuits. The Court of Appea...
- U.S. Supreme Court
- Private Lawyer Is Immune From Suit Under [Section]1983, Rules U.S. Supreme Court
A private lawyer can claim qualified immunity from a suit under Section 1983 over his actions in representing a public employer in an internal affairs investigation, the U.S. Supreme Court has ruled in a unanimous decision. The decision reverses a ruling from the 9th Circuit.
- Lawyers USA
- April 24, 2012
- 11 Martin Cooper, III v. Thomas Martin, (8th Cir. 2011)
...Cooper seeks relief under 42U.S.C. § 1983, the Arkansas Civil Rights Act (the "ACRA"), and A...The defendants appeal the denial of qualified immunity to investigator Martin and the denial of...
- Federal Circuits
- Summerville v. Forest Park (Slip Opinion), Slip Opinion No. 2010-Ohio-6280
An order denying a motion for summary judgment in which a political subdivision or its employee sought federal qualified immunity from claims brought under Section 1983, Title 42, U.S.Code is a final, appealable order pursuant to R.C. 2744.02(C).
- Ohio Supreme Court
- Justices to Decide If Lawyer Immune in [Section]1983 Suit
The U.S. Supreme Court will decide whether a private lawyer can claim qualified immunity when sued under [section]1983 for his actions in representing a public employer in an internal affairs investigation. The Court will review a 9th Circuit decision that a private attorney cannot claim immunity under those circumstances.
- Lawyers USA
- October 12, 2011