Ashcroft v. Al-Kidd, No. 10–98.
| Court | United States Supreme Court |
| Writing for the Court | Justice SCALIA delivered the opinion of the Court. |
| Citation | 131 S.Ct. 2074,179 L.Ed.2d 1149,563 U.S. 731 |
| Parties | John D. ASHCROFT, Petitioner, v. Abdullah AL–KIDD. |
| Docket Number | No. 10–98. |
| Decision Date | 31 May 2011 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
7899 practice notes
-
v. Brito, Civil Case No. ELH-17-2670
...mistaken judgments about open legal questions.'" Lane v. Franks, ___ U.S. ___, 134 S. Ct. 2369, 2381 (2014) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 743 (2011)). However, "[b]ecause an official 'who performs an act clearly established to be beyond the scope of his discretionary authority......
-
Ermini v. Scott, Case No: 2:15-cv-701-FtM-99CM.
...sufficiently clear that every reasonable official would [have understood] that what he is doing violates that right." Ashcroft v. al–Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). Because Fourth Amendment qualified-immunity determinations turn on the reasonableness of an ......
-
Doe v. Univ. of Ala. in Huntsville, Case No.: 5:14-cv-02029-HGD
...sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” Ashcroft v. al-Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 2083, 179 L.Ed.2d 1149 (2011) (internal quotation marks omitted). Plaintiff has failed to set out any clearly establish......
-
Tarhuni v. Holder, No. 3:13–cv–00001–BR.
...allegedly violated must have been “ ‘clearly established’ at the time of the challenged conduct.” Ashcroft v. al-Kidd, ––– U.S. ––––, 131 S.Ct. 2074, 2080, 179 L.Ed.2d 1149 (2011). “Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about ......
Request a trial to view additional results
7821 cases
-
Estate of Bryant v. Balt. Police Dep't, Civil Action No. ELH-19-384
...reasonable but mistaken judgments about open legal questions.'" Lane v. Franks, 573 U.S. 228, 243 (2014) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 743 (2011)); accord Brawn v. Maynard, 652 F.3d 557, 560 (4th Cir. 2011) (observing that qualified immunity protects government officials from ......
-
Corrigan v. Dist. of Columbia, No. 15-7098
...on point, [so long as] existing precedent ... [has] placed the statutory or constitutional question beyond debate.” Ashcroft v. a l–Kidd , 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). In assessing a claim of qualified immunity, the facts must be taken “in the light most favor......
-
Easley v. City of Riverside, No. 16-55941
...them from liability when they make reasonable mistakes." Morales v. Fry , 873 F.3d 817, 822 (9th Cir. 2017) ; see Ashcroft v. al-Kidd , 563 U.S. 731, 743, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) ("Qualified immunity gives government officials breathing room to make reasonable but mistaken j......
-
Trujillo v. Rio Arriba Cnty. ex rel. Rio Arriba Cnty. Sheriff's Dep't, No. CIV 15-0901 JB/WPL
...questions of constitutional or statutory interpretation that will 'have no effect on the outcome of the case.'" Ashcroft v. al-Kidd, 131 S. Ct. 2074, 2080 (2011)(quoting Pearson v. Callahan, 555 U.S. at 236-37). See Camreta v. Greene, 131 S. Ct. at 2032 ("In general, courts should think har......
Request a trial to view additional results
30 books & journal articles
-
Deportation Arrest Warrants.
...of a properly issued warrant," which "breaks the causal chain and insulates an initiating party"). (55.) See, e.g., Ashcroft v. al-Kidd, 563 U.S. 731,738-39 (2011) (refusing to give credence to the respondent's argument that the warrant for his arrest was based on "improper motives" because......
-
Rights, Structure, and Remediation: The Collapse of Constitutional Remedies.
...1862, 1862-64 (2020) (Thomas, )., dissenting from denial of certiorari) (same). (297.) HUQ, supra note 2, at 113; see Ashcroft v. al-Kidd, 563 U.S. 731, 741 (298.) See, e.g., Jessop v. City of Fresno, 936 F.3d 937 (9th Cir. 2019), cert. denied, 140 S. Ct. 2793 (2020) (describing the police ......
-
Qualified Immunity and Federalism
...new restrictions on finding civil liability.”8 1. See, e.g., Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). 2. Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011) (alteration in original) (quoting Anderson v. Creighton, 483 U.S. 635, 640 (1987)). 3. Id. at 743 (quoting Malley v. Briggs, 475 U.S......
-
RECALIBRATING QUALIFIED IMMUNITY: HOW TANZIN V. TANVIR, TAYLOR V. RIOJAS, AND MCCOY V. ALAMU SIGNAL THE SUPREME COURT'S DISCOMFORT WITH THE DOCTRINE OF QUALIFIED IMMUNITY.
...e.g., Pearson v. Callahan, 555 U.S. 223,230-33 (2009); Quinn v. Young, 780 F.3d 998, 1004 (10th Cir. 2015) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) ("[W]hen this defense is raised, the onus is on the plaintiff to demonstrate '(1) that the official violated a statutory or const......
Request a trial to view additional results