Case law

Irish v. State of ME

849 F.3d 521 · Court of Appeals for the First Circuit · Mar 1, 2017

come away understanding that it [wa]s not a clearly established violation of Ms. … Lewis, 648 F.3d 24, 32 (1st Cir. 2011) (qualified immunity protects officers from liability "insofar as their conduct does not violate clearly established . . . constitutional rights of which a reasonable

Cody Marble v. Heather Smith

687 F. App'x 587 · Court of Appeals for the Ninth Circuit · Apr 18, 2017

Qualified immunity should not be available to Defendant Heather Smith for violating Marble’s clearly established due process right to question the witness upon which the allegation of a parole violation was based. … His clearly established right to a hearing was effectively vitiated. Applying the doctrine of qualified immunity in this situation serves no legitimate purpose.

Greg Moore v. Sean Garnand

83 F.4th 743 · Court of Appeals for the Ninth Circuit · Sep 29, 2023

Because Plaintiffs fail to show that Defendants’ conduct violated clearly established law, Defendants are entitled to qualified immunity on the First Amendment claims. … “[I]n the absence of binding precedent, we look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes . . . .” Id.

Rockford Life Insurance v. Illinois Department of Revenue

482 U.S. 182 · Supreme Court of the United States · Jun 8, 1987

Davis is clearly lacking, and its absence is critical in view of the purposes behind the intergovernmental tax immunity doctrine. … H — < 1 — i A court must proceed carefully when asked to recognize an exemption from state taxation that Congress has not clearly established.

Fred Watson v. Eddie Boyd, III

2 F.4th 1106 · Court of Appeals for the Eighth Circuit · Jun 30, 2021

or statutory right; and (2) the right was clearly established at the time of the deprivation.’” … Accordingly, because of the district court’s incomplete analysis on both the constitutional violation and clearly established prongs, we can neither affirm nor reverse the denial of qualified immunity.

Hydrick v. Hunter

Court of Appeals for the Ninth Circuit · Aug 30, 2007

To defeat qualified immunity, “the right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established.” Wilson v. … Thus, there are two bodies of law from which we might draw “clearly established” law for qualified immunity pur- poses: first, where the SVPs claim a violation of a right that is clearly established even in the prison context

Ministerio Roca Solida v. Sharon McKelvey

Court of Appeals for the Ninth Circuit · May 4, 2016

Additionally, the Court finds that qualified immunity does not apply.” … Ct. 2074, 2080 (2011) (“Qualified immunity shields federal and state officials from money damages . . . .”).

Carnell v. Grimm

74 F.3d 977 · Court of Appeals for the Ninth Circuit · Jan 30, 1996

When a law enforcement officer asserts qualified immunity from liability, “the district court must determine whether, in light of clearly established principles governing the conduct in question, the officer objectively could … The second step of analysis for a qualified immunity determination is whether under the clearly established law a reasonable officer could have believed that his conduct was lawful. Act Up!/Portland, 988 F.2d at 871 .

Michael Hampton v. State of California

Court of Appeals for the Ninth Circuit · Oct 3, 2023

Plaintiff’s due process right to familial association with her husband is therefore not “clearly established,” id. at 887 (quotation marks omitted), and Defendants are entitled to qualified immunity on the familial-association … qualified immunity”). ** The Honorable Richard D.

Dimitris Desyllas v. Daniel Bernstine Roderic Diman John Fowler Rick Roe

351 F.3d 934 · Court of Appeals for the Ninth Circuit · Dec 9, 2003

rights were clearly established. … Accordingly, we need not consider the second part of the qualified immunity analysis — whether the constitutional rights were clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Purvis v. Oest

614 F.3d 713 · Court of Appeals for the Seventh Circuit · Aug 2, 2010

In a qualified-immunity setting, the plaintiff bears the burden of showing that the constitutional right alleg- edly violated was clearly established at the time of the challenged conduct. See Landstrom v. Ill. … Oest is therefore entitled to qualified immunity. Despite being aware of the potential conflict of interest, Lunn and Vicini are also entitled to qualified immunity.

Crystal Starnes v. Butler County Court of Common

971 F.3d 416 · Court of Appeals for the Third Circuit · Aug 24, 2020

s] of Appeals could clearly establish a right for purposes of qualified immunity.” … The District Court defined the violative conduct too broadly for qualified immunity purposes. al-Kidd, 563 U.S. at 742 (warning courts not to define clearly established law at “a high level of generality”).

Trellus Richmond v. Mario J. Badia

47 F.4th 1172 · Court of Appeals for the Eleventh Circuit · Aug 22, 2022

Richmond further argues that Badia’s actions violated his clearly established rights, such that Badia’s qualified immunity defense fails. … “A right may be clearly established for qualified immunity purposes in one of three ways: (1) [Eleventh Circuit or Supreme Court] case law with indistinguishable facts clearly establishing the constitu- tional right; (2)

Sause v. Bauer

859 F.3d 1270 · Court of Appeals for the Tenth Circuit · Jun 20, 2017

First, she argues that the defendants aren’t entitled to qualified immunity because they violated her clearly established rights under the First Amendment. … Second, she argues that even assuming the defendants are entitled to qualified immunity because the contours of that right aren’t clearly established, the doctrine of qualified immunity doesn’t shield them from her claims

Sossamon v. Lone Star St Texas

Court of Appeals for the Fifth Circuit · Mar 17, 2009

As for the individual-capacity claims for damages under the First Amendment, we note that the defendants who Sossamon sued enjoy qualified immunity as government actors.76 Whether Sossamon could establish a violation of the … Pelletier, 516 U.S. 299, 205-06 (1996) (“[T]he qualified immunity defense shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Mary E. Walters v. Paul Freeman

572 F. App'x 723 · Court of Appeals for the Eleventh Circuit · Jul 16, 2014

Towards that end, qualified immunity protects government officials engaged in discretionary functions and sued in their individual capacities unless they “violate[] clearly established federal statutory or constitutional … Because the facts, viewed in the light most favorable to Walters, demonstrate that Freeman violated her clearly established constitutional rights, the district court properly denied qualified immunity to Freeman.

A. D. v. State of Calif. Highway Patrol

712 F.3d 446 · Court of Appeals for the Ninth Circuit · Apr 3, 2013

The Court then rejected the notion that the law, defined at such a level of generality, was “clearly established” for qualified immunity purposes. … Markgraf is not entitled to qualified immunity, because Plaintiffs have shown that he violated the foregoing clearly established law.

Ian Tuuamalemalo v. Shahann Greene

946 F.3d 471 · Court of Appeals for the Ninth Circuit · Dec 24, 2019

established law, whether the law clearly proscribed the actions the defendant claims he took. … Scott moved for summary judgment based on qualified immunity.

Lowe v. Raemisch

864 F.3d 1205 · Court of Appeals for the Tenth Circuit · Jul 25, 2017

Even with this assumption, the two officials would enjoy qualified immunity unless the denial of outdoor exercise for two years and one month had violated a clearly established constitutional right. … established and the defendants are entitled to qualified immunity. d.

Will El v. City of Pittsburgh

975 F.3d 327 · Court of Appeals for the Third Circuit · Sep 16, 2020

In the familiar qualified immunity analysis, the court asks “(1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that ‘it would [have been] clear to a reasonable … of the qualified immunity analysis: “whether the right was clearly established.”