Case law

Whalen v. Fulton County

19 F.3d 828 · Court of Appeals for the Second Circuit · Mar 29, 1994

In reviewing the qualified immunity motion, the court did not address whether the state of the law was such that Michael had a clearly established right to a relationship with Elizabeth. … ("Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. ") (emphasis added).

Zachary Rosenbaum v. City of San Jose

107 F.4th 919 · Court of Appeals for the Ninth Circuit · Jul 11, 2024

CITY OF SAN JOSE SUMMARY * Excessive Force/Qualified Immunity/Police Dogs The panel affirmed the district court’s denial of qualified immunity to City of San Jose police officers in … Accordingly, we affirm the denial of qualified immunity. I.

Lewis v. City of West Palm Beach, Fla.

561 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Mar 11, 2009

Thus, if the violated right was not clearly established, qualified immunity still applies. Id. at 201. … A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right, Long v.

Lovelace v. Delo

47 F.3d 286 · Court of Appeals for the Eighth Circuit · Feb 8, 1995

However, if the plaintiffs’ allegations state a claim of violation of clearly established law and the parties disagree as to what actions the law enforcement officers took, discovery may be appropriate for the limited purpose … of addressing the issue of qualified immunity.

McInerney v. King

791 F.3d 1224 · Court of Appeals for the Tenth Circuit · Jun 30, 2015

he violated her clearly established constitutional rights. … McInerney has not shown he violated a clearly established constitutional right. 7 “Qualified immunity protects ‘government officials performing discretionary functions’ and shields them from ‘liability for civil

Torres v. Madrid

60 F.4th 596 · Court of Appeals for the Tenth Circuit · Feb 17, 2023

Torres’s claims were barred by the doctrine of qualified immunity because, at the time she was shot, the law was not clearly established that the Fourth Amendment protects persons who successfully elude seizure. … Torres’s escape to establish qualified immunity. C. Qualified Immunity—Reasonableness of Force and Clearly Established Law There remains to be decided the merits of Ms.

Kristee Boyle v. Joseph Azzari, Jr.

Court of Appeals for the Fourth Circuit · Jul 9, 2024

“The doctrine of qualified immunity shields [law enforcement] officers from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … USCA4 Appeal: 23-1107 Doc: 36 Filed: 07/09/2024 Pg: 13 of 22 “That means that we may grant qualified immunity on the ground that the purported right was not clearly established without

Sylvia Daniel v. Earl Taylor, Keith Dunkel, Bernadette Hernandez, Fred Woodward, Ernest Dorling and Tommy Pritchard

808 F.2d 1401 · Court of Appeals for the Eleventh Circuit · Sep 23, 1986

immunity because they did not violate a clearly established constitutional right of the plaintiff. … The unsettled character of this legal question is evident and demonstrates that no “clearly established” fourth amendment 3 right of plaintiff was violated. Therefore, defendants are entitled to qualified immunity.

Rosenbaum v. Washoe County

654 F.3d 1001 · Court of Appeals for the Ninth Circuit · Nov 30, 2011

, whether that right was clearly established at the time of the event. … of the action, assessed in light of the legal rules that were clearly established at the time it was taken.”

Michael W. Alvarado v. Ronald D. Picur, Special Administrator of the Estate of Robert Curry, 1

859 F.2d 448 · Court of Appeals for the Seventh Circuit · Oct 27, 1988

We reverse because Curry had qualified immunity. … Thus whether Curry is protected by qualified immunity turns on the objective reasonableness of his actions in those thirty minutes, as assessed in light of the legal rules that were “clearly established” on November 22, 1985

Soukaneh v. Andrzejewski

112 F.4th 107 · Court of Appeals for the Second Circuit · Aug 12, 2024

Qualified Immunity Qualified immunity shields officials “when [their] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … established rights that justify the denial of qualified immunity.

Bonnie Lutz v. Weld County School District No. 6, William A. Mitchell, James B. Elliott, Winifred Gettman

784 F.2d 340 · Court of Appeals for the Tenth Circuit · Feb 10, 1986

Where the affirmative defense of qualified immunity is properly raised, it is *343 the plaintiffs burden to convince the court that the law is clearly established: A plaintiff who seeks damages for violation of constitutional … or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time of the conduct at issue.

Horne v. Coughlin

191 F.3d 244 · Court of Appeals for the Second Circuit · May 21, 1999

immunity because the right was not clearly established at the time of the alleged violation. … Because the Ninth Circuit believed this constitutional right was already clearly established, it had denied qualified immunity. See id. at 1712.

Nolen v. Jackson

102 F.3d 1187 · Court of Appeals for the Eleventh Circuit · Jan 6, 1997

to allege a violation of a clearly established right.... … Gilley, 500 U.S. 226, 231 , 111 S.Ct. 1789, 1793 , 114 L.Ed.2d 277 (1991) (holding threshold question in a qualified immunity claim is whether a violation of a clearly established constitutional right has occurred); Lassiter

Muschette ex rel. A.M. v. Gionfriddo

910 F.3d 65 · Court of Appeals for the Second Circuit · Dec 7, 2018

However, Officer Gionfriddo is entitled to qualified immunity because it was objectively reasonable for him to believe that, given the undisputed facts, his conduct complied with this clearly established law. … Torreso , 764 F.3d 217 , 237 (2d Cir. 2014) ("An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury."

Daniel P. And Eunice A. Leclair v. Lawrence R. Hart and Thomas Larson

800 F.2d 692 · Court of Appeals for the Seventh Circuit · Sep 8, 1986

We further note that defendants Hart and Larson are covered by qualified immunity unless their alleged actions on November 10, 1982, violated clearly established law at the time that Hart and Larson acted. … Nuclear Regulatory Commissioners, 747 F.2d 139, 148 (3d Cir.1984) (no qualified immunity if the defendant violates “a clearly established and well litigated general proposition in which the case at hand merely presents a

Ansley v. Heinrich

925 F.2d 1339 · Court of Appeals for the Eleventh Circuit · Mar 11, 1991

court concluded that taking the official's facts as true, the official's actions violated clearly established law and are therefore not within the scope of qualified immunity; or (2) the district court concluded that given … In Harlow, the Supreme Court stated that the immunity defense should fail if the law governing the official's actions has been clearly established.

Wallace v. County of Comal

400 F.3d 284 · Court of Appeals for the Fifth Circuit · Feb 14, 2005

The qualified immunity analysis is a two-step inquiry. First, a court must decide whether the plaintiffs’ allegations, if true, establish a violation of a clearly established right. Hare v. … Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.

No. 98-9205

180 F.3d 409 · Court of Appeals for the Second Circuit · Jun 9, 1999

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (stating that the defense of qualified immunity does not withstand a finding that the defendant violated a clearly established constitutional right of … To survive a motion to dismiss under the second prong, the plaintiff's pleading need not clearly establish that the defendant harbored retaliatory intent.

Motley v. Parks

383 F.3d 1058 · Court of Appeals for the Ninth Circuit · Sep 21, 2004

Violation of Clearly Established Law: Unconstitutional Search The officers assert that because they reasonably believed they were conducting a parole search of Jamerson’s residence, they are entitled to qualified immunity … The difference is merely factual, and the qualified immunity standard does not require that a constitutional principle be clearly established in every factual context before officers can be held liable for violating it.