Case law

Rohan for Rohan v. Exxon Corp.

896 F. Supp. 666 · District Court, S.D. Texas · Aug 7, 1995

Thus, DOHSA clearly supplies the applicable law in this wrongful death case. In Miles v. … The same analysis applies to claims for mental anguish, which are clearly non-pecuniary in nature.

Varney v. City of Colorado Springs, Colorado

District Court, D. Colorado · Sep 10, 2024

“In the context of a qualified immunity defense on an unlawful search or arrest claim, [the Court] ascertain[s] whether a defendant violated clearly established law by asking whether there was arguable probable cause … Holmes, 830 F.3d 1123, 1139 (10th Cir. 2016) (recognizing that the “arguable probable cause” inquiry is part of qualified immunity’s second prong—whether the law was clearly established).

Bhattacharya v. Murray, Jr.

District Court, W.D. Virginia · Jul 21, 2022

, because it was not clearly established that the filing of a professionalism concern card—what was in essence a referral for another party to consider discipline that the Plaintiff did not know about—was an adverse action … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Mejia v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Mar 20, 2025

To overcome qualified immunity, a plaintiff must establish: (1) the official violated a statutory or constitutional right; and (2) the right violated was “clearly established” such that a reasonable person … established for purposes of qualified immunity.!

Kreger-Mueller, Valerie v. Shiner, Justin

District Court, W.D. Wisconsin · Sep 9, 2019

Pachtman, 424 U.S. 409, 424–28 (1976) (explaining the policy rationales that underlie the doctrine of absolute prosecutorial immunity). … Counseling Ctr., 987 F.2d 397, 408–09 (7th Cir. 1993) (discussing relevant case law in context of assessing whether law was clearly established for qualified-immunity purposes).

Stella v. Davis County

District Court, D. Utah · Sep 14, 2022

ANALYSIS To overcome a qualified immunity defense, Plaintiffs must show “(1) a violation of a constitutional right, and (2) that the right was clearly established.” Prince v. … And, as noted above, that right was clearly established. Accordingly, Anderson is not entitled to qualified immunity. See Prince v.

Golino v. City of New Haven

761 F. Supp. 962 · District Court, D. Connecticut · Apr 18, 1991

, the issue of qualified immunity can be decided on a motion for summary judgment. … Accordingly, defendants’ motion for summary judgment on the basis of qualified immunity is denied. Whether defendants are entitled to qualified immunity is ultimately a question of law for the court to decide.

Chavez v. The Board of County Commissioners of the County of Chaves

District Court, D. New Mexico · Jan 31, 2020

basis of qualified immunity.” … The individual defendants assert that they are entitled to qualified immunity because the law is not clearly established. Mot. at 19–23 (relying on Springer v. Albin, 398 F.

Neal-Lomax v. Las Vegas Metropolitan Police Department

574 F. Supp. 2d 1170 · District Court, D. Nevada · Sep 2, 2008

Even if Rader’s use of force was constitutionally unreasonable, Rader is entitled to qualified immunity. … The plaintiff bears the burden of showing that the right at issue was clearly established. Sorrels, 290 F.3d at 969 .

Logan v. Oklahoma City Police Department

District Court, W.D. Oklahoma · Jun 12, 2024

Initially, defendants contend that they are entitled to qualified immunity on Logan’s First Amendment claims because Logan cannot show a violation of clearly established law. … “In other words, general statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.” Id.

Tubbs v. Schnell

District Court, E.D. Wisconsin · Aug 16, 2023

— be clearly established”) (collecting cases); Millspaugh v. … Welfare, 937 F.2d 1172, 1176 (7th Cir. 1991) (“[S]ocial workers must settle for qualified immunity [as opposed to absolute immunity] when taking initial custody of children.”) (collecting cases).

James v. Cuny-John Jay College

District Court, S.D. New York · Nov 16, 2021

right that [2] was clearly established at the time of the challenged conduct.”) … immunity.

Willis v. Cook County

District Court, N.D. Illinois · Dec 20, 2024

clearly established law.’” … For the purposes of qualified immunity, a detainee’s constitutional right to receive adequate medical care is clearly established law. Board v.

Jackson-Gibson v. Beasley

District Court, E.D. Michigan · Nov 1, 2023

not preclude a finding that the right was clearly established”). … This Court was not mistaken in its qualified immunity analysis. It applied the proper standard for assessing clearly established law when deciding Mr.

Esparza v. Manley

District Court, E.D. Missouri · Feb 18, 2022

“Qualified immunity shields government officials from liability in a § 1983 action unless their conduct violates a clearly established right of which a reasonable official would have known.” Burnikel v. … established is sufficient for qualified immunity.

Rahman v. Schriro

22 F. Supp. 3d 305 · District Court, S.D. New York · May 27, 2014

The Second Circuit has held that a right is clearly established for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right, and … Defendants allege that they are immune from suit because there is no clearly established law prohibiting X-ray scans of inmates.

Russell v. Butcher

District Court, S.D. West Virginia · Jul 17, 2020

Barring a showing by Plaintiff that Defendants violated a “clearly established right or law” with respect to hiring, training, and developing procedures, Defendants are entitled to qualified immunity on claims involving … ” ; , 556 U.S. at 677 (“[i]n the context of determining whether there is a violation of a clearly established right to overcome qualified immunity, purpose rather than knowledge is required...”).

Burnard v. Oregon Sate Hospital

District Court, D. Oregon · Oct 3, 2025

For that reason, assuming Plaintiffs somehow stated a claim, Defendants would still be entitled to qualified immunity. See Kisela v. … Hughes, 584 U.S. 100, 104 (2018) (“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”)

Fisher v. Columbus

District Court, S.D. Ohio · Dec 11, 2024

Forsyth, 472 U.S. 511, 526 (1985) (“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 … Fisher to “establish that [his] conduct violated a right so clearly established that any official in his position would have clearly understood that he was under an affirmative duty to refrain from such conduct.” Id.

Winchester v. Cosaineau

404 F. Supp. 2d 1262 · District Court, D. Colorado · Dec 21, 2005

If the law is clearly established, the question becomes whether the defendant’s conduct was objectively reasonable in light of the clearly established law. Breidenbach v. Bolish, 126 F.3d 1288, 1291 (10th Cir.1997). B. … Accordingly, I find that Defendants are entitled to qualified immunity, and grant their Motion for Summary Judgment. IV.