Case law

Torres v. Goddard

194 F. Supp. 3d 886 · District Court, D. Arizona · Jul 1, 2016

Defendants are entitled to qualified immunity. … As a matter of law, clearly established law for qualified immunity purposes is the law clearly established at the time of the conduct at issue.

Long v. Underwood

District Court, N.D. Alabama · Dec 4, 2019

Qualified immunity shields government officials performing discretionary functions from suit “in their individual capacities unless their conduct violates clearly established statutory or constitutional rights … Univ., 102 F.3d 1179, 1182 (11th Cir. 1997) (stating that the defendants are entitled to qualified immunity on a motion to dismiss if the complaint “fails to allege the violation of a clearly established constitutional

Walker v. Ryals

District Court, E.D. Arkansas · Jul 28, 2023

Because the above failure to protect law was clearly established prior to the May 2022 fight, I conclude Officer Huett and Corporal Barnat are not entitled to qualified immunity on this failure to protect claim. … And, because that law was clearly established before May 2022, I conclude Defendant Barnat is not entitled to qualified immunity on this excessive force claim. V.

Brown v. Scott

329 F. Supp. 2d 905 · District Court, E.D. Michigan · Jul 26, 2004

The defendant claims that he is entitled to a dismissal on the basis of qualified immunity because the undisputed facts do not demonstrate a violation of the plaintiffs clearly established Eighth Amendment rights. … further inquiries concerning qualified immunity.”).

Murphy v. City of Farmington

District Court, D. New Mexico · May 12, 2021

to qualified immunity. … The officers are entitled to qualified immunity.

DE MONTALVO v. DIXON

District Court, N.D. Florida · Oct 17, 2024

FDC Defendants also assert qualified immunity. ECF No. 32 at 24-25. III. … proceed to the next step of determining if a constitutional right was clearly established”).

Raub v. Bowen

960 F. Supp. 2d 602 · District Court, E.D. Virginia · Aug 2, 2013

Nevertheless, there are some clearly established standards to guide a reasonable police officer who detains a person for mental evaluation. … Goo-den filed suit and the officers invoked qualified immunity as a defense. The district court denied qualified immunity, as did a divided panel of the Fourth Circuit. Id.

Sanchez v. Sanchez

777 F. Supp. 906 · District Court, D. New Mexico · Nov 8, 1991

If the plaintiff does establish such intent, there can be no qualified immunity. … As the reasoning in these cases demonstrates, where the right is clearly established, a defendant to a claim requiring proof of impermissible motive is not entitled to qualified immunity.

Nelson v. Giurbino

395 F. Supp. 2d 946 · District Court, S.D. California · Oct 20, 2005

Relying on these cases and decisions, Plaintiff asserts that his constitutional right to access internet generated materials was clearly established and concludes that Defendants are not entitled to qualified immunity. … Since Plaintiffs fails to allege a violation of a clearly established constitutional right, the Court finds that Defendant Grannis is entitled to qualified immunity. 3.

Carey v. City of Fall River

708 F. Supp. 431 · District Court, D. Massachusetts · Jul 15, 1988

Thus, the court concludes that no constitutional counterpart of malicious prosecution or abuse of process was clearly established in 1983 and, therefore, the individual defendants are entitled to qualified immunity on this … The Supreme Court has found that provisions in police regulations will not serve to clearly establish federal law for qualified immunity purposes. See Davis v.

Schneyder v. Smith

709 F. Supp. 2d 368 · District Court, E.D. Pennsylvania · Apr 26, 2010

Detention As a Material Witness Requires Probable Cause Under Third Circuit law, “a right is clearly established for purposes of qualified immunity when its contours are ‘sufficiently clear that a reasonable official would … would have known that those rights were clearly established constitutional rights. 2.

Cozayatl Sampedro v. Schriro

377 F. Supp. 3d 133 · District Court, D. Connecticut · Mar 28, 2019

Sampedro cannot establish that he violated a clearly established right and, therefore, he is entitled to qualified immunity in any event. … similar circumstances. 4 See Allah, 876 F.3d at 59 (holding defendants were entitled to qualified immunity where relevant precedent *143 did not clearly establish that a substantive due process would result from disputed

Salas v. United States

District Court, D. New Mexico · Feb 28, 2024

United States, 571 U.S. 591 (2015), the Tenth Circuit vacated Salas’ § 924(c) conviction on the ground that arson was not a qualifying “crime of violence” and remanded for resentencing. … Taylor, 529 U.S. 362, 390 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.”).

Siddique v. City of New York

District Court, E.D. New York · Mar 31, 2025

Indeed, Inoa’s own description of why he is entitled to qualified immunity touches upon several areas in dispute: [I]t was not clearly established that Officer … That seems unlikely because the language “clearly established statutory or constitutional rights” in the context of failure to intervene borrows from the qualified immunity doctrine, see Riccitui, 124 F.3d at 129, and

Callahan v. Lancaster-Lebanon Intermediate Unit 13

880 F. Supp. 319 · District Court, E.D. Pennsylvania · Dec 5, 1994

immunity because no clearly established rights existed); Doe v. … established, and is not entitled to qualified immunity).

Vu, Kojoua v. Lozano, Kevin

District Court, W.D. Wisconsin · Nov 27, 2023

A government defendant is entitled to qualified immunity unless the plaintiff shows not only that the defendant violated his rights, but also that his rights were “clearly established” at the relevant time. … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity protects government officials from personal liability provided that “their conduct does not violate clearly established statutory or constitutional rights of which

Garces Robles v. Ramirez

District Court, W.D. Texas · Jun 25, 2024

Plaintiffs sufficiently plead that the individual Defendants are not entitled to qualified immunity. … Hicks, 81 F.4th at 504 (holding that the right to timely release was clearly established as of 2017).5 “Ultimately, the touchstone is fair warning: The law can be clearly established despite notable factual distinctions

Shaw v. Williams

District Court, N.D. Illinois · Aug 7, 2018

When a defendant invokes qualified immunity, the burden shifts to the plaintiff to show two things: (1) that the defendant violated a statutory or constitutional right; and (2) that the right was “clearly established” at … Ct. at 552 (a plaintiff cannot defeat qualified immunity by defining clearly established law “at a high level of generality”).

Janowski v. City of North Wildwood

259 F. Supp. 3d 113 · District Court, D. New Jersey · May 5, 2017

“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 rights of which a reasonable person … ‘clearly established’ at the time of the challenged conduct.”).

Grohs v. Yatauro

984 F. Supp. 2d 273 · District Court, D. New Jersey · Nov 20, 2013

The qualified immunity analysis Qualified immunity protects government officials such as Defendants Yatauro and Lanigan from liability for damages as long as their conduct does not violate “clearly established statutory or … Whether the Complaint alleges a constitutional violation that is clearly established for purposes of qualified immunity Grohs’ claim that inadequate hot water at the STU impaired the safety and well-being of its residents