Case law

Navreet Nanda v. Gerald Moss

412 F.3d 836 · Court of Appeals for the Seventh Circuit · Jun 27, 2005

ANALYSIS Government officials performing discretionary functions are entitled to qualified immunity from suit unless their conduct violated “clearly established ... constitutional rights of which a reasonable person would … Nanda’s Clearly Established Rights Having found that Dean Moss’s alleged actions violated Dr. Nanda’s constitutional rights, Dean Moss would still be entitled to qualified immunity if Dr.

Brian Baude v. Gerald Leyshock

23 F.4th 1065 · Court of Appeals for the Eighth Circuit · Jan 27, 2022

“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Baude’s right to be free from the alleged types of force was clearly established in September of 2017. See Johnson v.

Anders v. Cuevas

District Court, E.D. Michigan · Oct 8, 2019

They did not argue that Plaintiffs failed to establish a constitutional violation or that Sollars did not violate a clearly established constitutional right. See Rondigo, L.L.C. v. … that violated clearly established law.’”).

Jeanne Zaloga v. Borough of Moosic

841 F.3d 170 · Court of Appeals for the Third Circuit · Oct 24, 2016

Mercatili now appeals, arguing that he is entitled to qualified immunity because his conduct, even if Zaloga’s allegations are true, did not violate clearly established law. … Under the high standard for “clearly established” law, that is enough to defeat the Plaintiffs’ challenge to qualified immunity. V.

Anmarie Calgaro v. St. Louis County

919 F.3d 1054 · Court of Appeals for the Eighth Circuit · Mar 25, 2019

Nor is it clearly established that parents have a constitutional right to manage all details of their children’s education or to obtain consultation with school officials on everyday … Because existing precedent does not clearly establish the rights that Calgaro asserts, Johnson is entitled to qualified immunity. Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011).

Rochon v. City of Angola,et al

122 F.3d 319 · Court of Appeals for the Fifth Circuit · Sep 24, 1997

The first step is to determine whether the plaintiff has alleged a violation of a clearly established constitutional right. … If the court finds no constitutional injury, it need not address the issue of qualified immunity. Quives v. Campbell, 934 F.2d 668, 671 (5th Cir.1991).

Patterson v. Oakes

District Court, E.D. Texas · Mar 30, 2023

immunity without first addressing whether the violation of the right alleged was clearly established. … In their qualified immunity argument, Defendants assert that Plaintiff has not set out a violation of a clearly established constitutional right.

O'MALLEY v. Sheriff of Worcester County

415 Mass. 132 · Massachusetts Supreme Judicial Court · May 4, 1993

To overcome the defendants’ qualified immunity, the plaintiffs must show that the defendants directly participated in violating the plaintiffs’ “clearly established” rights. Anderson v. … We hold that, as a matter of law, the plaintiffs’ allegations do not defeat the Commissioner’s qualified immunity.

Kishna Brown v. Bradley Lewis

779 F.3d 401 · Court of Appeals for the Sixth Circuit · Feb 26, 2015

“Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official's position … Second, the officers seem to interpret Dorsey as establishing additional deference for law-enforcement decision-making, beyond the constitutional and clearly-established prongs of the qualified-immunity

Kuhl v. Fields

District Court, E.D. Kentucky · Feb 11, 2025

Kuhl continued to display difficulty speaking clearly and was visibly unsteady. (Doc. # 77- 5 at 39:40-41:25). Mr. … Appx. 481, 482 (6th Cir. 2009) (defendants entitled to qualified immunity because “at the time of the events [], an intoxicated detainee had no clearly established constitutional right to a hospital evaluation in the absence

Mathers Ex Rel. J.S.J. v. Wright

636 F.3d 396 · Court of Appeals for the Eighth Circuit · Apr 11, 2011

A state official sued in her individual capacity is entitled to qualified immunity so long as her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … We next consider whether the equal protection right at issue was clearly established.

Walter Dartland v. Metropolitan Dade County, a Political Subdivision of the State of Florida, Sergio Pereira

866 F.2d 1321 · Court of Appeals for the Eleventh Circuit · Feb 27, 1989

Pereira moved for summary judgment based on qualified immunity. The district court denied the motion. The Supreme Court formed the principle of qualified immunity in Harlow v. … “The words ‘clearly established ... constitutional rights’ may not be used to read the defense of immunity out of federal tort law by the facile expedient of stating constitutional rights in the most general possible terms

Worley v. Ewing

District Court, S.D. West Virginia · Aug 12, 2020

established right to overcome qualified immunity, purpose rather than knowledge is required...”). … Because Worley’s Amended Complaint fails to state a plausible violation of any clearly established constitutional right by these defendants, I FIND that they are entitled to qualified immunity on Worley’s claims against

Post v. City of Fort Lauderdale

7 F.3d 1552 · Court of Appeals for the Eleventh Circuit · Nov 9, 1993

Defendants are, at least, entitled to qualified immunity because no facts before us show defendants violated clearly established law. See Lindsey v. … Hurley is entitled to qualified immunity because Hurley's acts, as established by the record before us, violated no clearly established law. C.

Jane Doe v. Village of Arlington Heights

782 F.3d 911 · Court of Appeals for the Seventh Circuit · Apr 13, 2015

Qualified immunity shields a govern- ment official from liability for damages when the official’s “conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known … Walker, 740 F.3d 1088, 1095–97 (7th Cir. 2014) (holding that the plaintiff failed to establish a clearly estab- lished right and the district court erred in denying the de- fendants’ motion to dismiss on qualified immunity

Aponte-Matos v. Toledo-Davila

135 F.3d 182 · Court of Appeals for the First Circuit · Feb 4, 1998

Qualified immunity protects both federal and state officials from liability for damages in a civil rights action if "a reasonable officer could have believed [his actions] to be lawful, in light of clearly established … is qualified immunity.

Murray v. White

155 Vt. 621 · Supreme Court of Vermont · Jan 18, 1991

It is thus hard to consider it as having created clearly established law. … To so require would undermine the very purpose of qualified immunity — allowing an official to act without fear of suit unless she should know that what she is doing is in violation of clearly established rights — because

Newell v. Sauser

79 F.3d 115 · Court of Appeals for the Ninth Circuit · Mar 11, 1996

The qualified immunity doctrine 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 … Analysis of a claim of qualified immunity entails three steps: “(1) the identification of the specific right allegedly violated; (2) the determination of whether that right was so ‘clearly established’ as to alert a reasonable

Woodward v. Weber County

District Court, D. Utah · Mar 27, 2024

QUALIFIED-IMMUNITY ANALYSIS: CLEARLY ESTABLISHED PRONG Due to Defendant's assertion of a qualified-immunity defense, Plaintiff is burdened with showing that Defendant Sampson transgressed his clearly established … Qualified-Immunity Summary Plaintiff has not carried his burden under the second prong of his qualified-immunity requirements in that he has not shown clearly established law supports his constitutional

William Lund v. City of Rockford, Illinois

956 F.3d 938 · Court of Appeals for the Seventh Circuit · Apr 20, 2020

But even if Nieves did not apply retroactively, Lund still could not prevail, as the defendant officers were entitled to qualified immunity. … Police officers are entitled to qualified immunity under section 1983 unless they “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v.