Sentences with phrase «clearly established law»

Other government officials generally have only «qualified immunity» which means that they have liability if they intentionally violate clearly established law, which basically means that there is a binding judicial precedent governing the facts and circumstances at issue.

2d 516, 526 (Fla. 2008), the court reaffirmed its definition of «clearly established law» from Kaklamanos.

An Arizona police officer who shot and wounded a woman holding a large knife didn't violate clearly established law, the U.S. Supreme Court has ruled in a summary reversal.

The U.S. Supreme Court agreed last week to reconsider one of its important precedents on qualified immunity, which protects public officials such as educators and police officers from liability when their challenged actions did not violate clearly established law.

Not exact matches

The law firm also provides employee - driven opportunities for advancement with frequent feedback, clearly defined criteria, and well - established benchmarks.

While everything I've discussed up to this point is pretty clearly established tax law, forks are really where things get messy with taxes.

The literature clearly establishes that a legally sanctioned law enforcement system existed in America before the Civil War for the express purpose of controlling the slave population and protecting the interests of slave owners.

[Note: Because every person's situation is different, and because the law frequently changes, is not clearly established, or is interpreted in different ways by different courts, you should not rely on the information presented herein for legal advice about your specific situation.

The law also establishes the Hospital Infant Feeding Act, which requires all general acute care hospitals and special hospitals that have perinatal units to have an infant - feeding policy and to clearly post that policy in the perinatal unit or on the hospital or health system website.

This means that they are only subject to personal liability for money damages in cases where the meaning of the law with respect to the situation in question is «clearly established» which usually means that it involves a legal issue that has been resolved in a binding case law precedent.

In cases where the law is not «clearly established» a subordinate may generally defer to his superior's interpretation of the law and the constitution without fear of civil liability in money damages to someone harmed as a result.

Lerner added that the Moreland Commission clearly established that the Board of Elections does not see itself as having the responsibility or the capability to enforce the campaign finance elections law.

«Benjamin Suarez and Michael Giorgio engaged in behavior that blatantly ignored and directly circumvented clearly established campaign financing laws,» Anthony said.

Current law does not clearly offer clear authority for the city to establish mentorship programs and arrange opportunities for participants in those programs.

This journalist also ran for the Assembly and doesn't take kindly to candidates that believe they are above the New York State Election Law, which clearly establishes that an individual who voted outside of New York State in 2012 is not eligibile to run for NYS Assembly in 2014.

The legal bases upon which data is processed are also being modernised, but where a school is processing data pursuant to an established purpose enshrined in law, it is unlikely to change much, though the new legal bases have been developed to support existing and proposed data use more clearly.

Further, though case law surrounding academic freedom issues has clearly established that higher - education leadership can still require a professor to teach certain topics, overly expansive faculty contracts have led to a different outcome.

«Clearly the commissioner has the authority to establish a state model appraisal system, which he has done,» said TCTA General Counsel Lonnie F. Hollingsworth Jr. «However, his authority does not extend to dictating terms for locally developed appraisal systems, the process for which is outlined for districts in state law.»

In summary, a strong case can be made that the US emissions reduction commitment for 2025 of 26 % to 28 % clearly fails to pass minimum ethical scrutiny when one considers: (a) the 2007 IPCC report on which the US likely relied upon to establish a 80 % reduction target by 2050 also called for 25 % to 40 % reduction by developed countries by 2020, and (b) although reasonable people may disagree with what «equity» means under the UNFCCC, the US commitments can't be reconciled with any reasonable interpretation of what «equity» requires, (c) the United States has expressly acknowledged that its commitments are based upon what can be achieved under existing US law not on what is required of it as a mater of justice, (d) it is clear that more ambitious US commitments have been blocked by arguments that alleged unacceptable costs to the US economy, arguments which have ignored US responsibilities to those most vulnerable to climate change, and (e) it is virtually certain that the US commitments can not be construed to be a fair allocation of the remaining carbon budget that is available for the entire world to limit warming to 2 °C.

The opinion recites four considerations that would tend to establish an ethical duty for a lawyer to warn the client against using a business device or system for electronic communication: Where the client has already communicated by electronic means or has indicated an intention to do so; where the client is employed in a position that would provide access to a workplace device or system; given the circumstances, the employer or a third party has the ability to access the email communications and; that as far as the lawyer knows, the employer's internal policy and the jurisdiction's laws do not clearly protect the privacy of the employee's personal email communications via a business device or system.

Notwithstanding the fact that the employee likely did not have the «right» to take the time off to care for his children under the Ontario Employment Standards Act, 2000, the law is clear that: (a) the ESA establishes certain minimum standards only, and (b) the Human Rights Code does, very clearly, contemplate one's «family status» as a protected ground.

Successful law firm websites meet clearly established objectives and deliver on the demand of their users.

Having the power to make it mandatory, the Law Society clearly has the power under s. 65 to also make rules establishing the consequences — a suspension for failing to meet the requirement.

The Court of Appeals ultimately decided that the State Court's failure to allow questions regarding immigration status was not an unreasonable application of clearly established federal law and agreed with the State Court's analysis.

The reach of the Charter of Rights was not clearly established in Canadian law at this point.

Case law has clearly established that it is permissible for a police officer who has a legitimate basis for entering a driveway - such as seeing a driver driving erratically, and following the driver back to a destination to ensure they have arrived safely before detaining them - to do so.

The principle that evidence existing independent of the will of the subject did not normally engage the privilege against self - incrimination was clearly established in domestic law.

Here it is directed — and this remains good practice in all courts — that save where a judgment clearly indicates that «it purports to establish a new principle or to extend the present law» (para 6.1) certain categories of case may not be cited at all in court (para 6.2), ie citation is contrary to guidance:

Written policies that clearly establish guidelines and requirements governing the acceptable use of firm technology can help reduce cyber exposures and give staff clear direction on what they are permitted and not permitted to do with law firm technology resources.

Canada's constitutional relationship with its Aboriginal peoples is based on both ethics and law, and clearly meets the proximity requirements for establishing a common law duty of care.

The Court noted the well - established presumption that an employee whose employment is terminated without cause is entitled to common law reasonable notice unless some other notice period, which meets the minimum entitlements under the Employment Standards Act, 2000 (the «ESA»), is clearly specified in the employment agreement, either expressly or impliedly.

Were the Law Society to have established that there exists some racism among members of the professions and clearly identified it, such a finding and the remedial measures proposed to deal with it, proportionate to the degree of racism found, would not likely have been controversial at all.

Cautioning that a departure from the essential requirements of law is «something more than a simple legal error,» the court said there must be a violation of a «clearly established principle of law resulting in a miscarriage of justice» to warrant certiorari review.

[14] These «clearly established principles of law» do not emanate solely from precedential appellate decisions, but rather «can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law.»

While British law doesn't require that heirs receive equal shares of an estate, Sharia law clearly goes against many principles established in British law, particularly that of equality.

In any event, it seems appropriate to restrict the field of state laws that may potentially trump the federal standards to those that are clearly intended to establish state public policy and operate in the same area as the federal standards.

In other words, the search must not only have been unconstitutional; it must have been clearly so, under established law.

Although the custody and detention claims did fit into an established private law duty, it did not flow clearly from the claimed systemic negligence cause of action because of its focus on the ISU instead of specific police officers.

The Miriuwung Gajerrong appeal is the first native title case to be heard by the High Court in which the question of extinguishment arises in the context of a claim where traditional laws and customs have been clearly established and the traditional connection to the land is ongoing.