Case law

Branch v. Tunnell

937 F.2d 1382 · Court of Appeals for the Ninth Circuit · Jun 27, 1991

Tunnell is false and unsubstantiated. 8 On October 3, 1988, Tunnell moved to dismiss Branch's suit on grounds of qualified immunity, arguing that under the objective qualified immunity standard established by the Supreme … C 23 Under this heightened pleading standard, we conclude that Branch's complaint fails adequately to allege a violation of clearly established rights under Franks.

Hydrick v. Hunter

466 F.3d 676 · Court of Appeals for the Ninth Circuit · Jun 1, 2006

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 purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context

Craig Singletary v. MO Dept. of Correct

Court of Appeals for the Eighth Circuit · Sep 14, 2005

Texas Tech Univ., 80 F.3d 1042, 1046 (5th Cir. 1996) (holding that Texas Tech and Texas Tech employees enjoy Eleventh Amendment immunity and qualified immunity respectively against § 1981 claims); Mitchell v. … Dept., 297 F.3d 751, 759 (8th Cir. 2002) (surveying the law and concluding that it was "clearly established" that at-will employees could sue for employment discrimination under § 1981).

Shreve v. Jessamine County Fiscal Court

453 F.3d 681 · Court of Appeals for the Sixth Circuit · Jul 7, 2006

Shreve has provided sufficient evidence of a violation of her clearly established constitutional right against the use of excessive police force in the course of arrest, and qualified immunity is not warranted under Saucier … immunity is not available for lack of a "clearly established" right.

McRaven v. Sanders

577 F.3d 974 · Court of Appeals for the Eighth Circuit · Aug 20, 2009

was clearly established at the time of the deprivation.” … The district court denied defendant-appellants qualified immunity. A detainee’s right to medical treatment is clearly established. Estelle, 429 U.S. at 104 , 97 S.Ct. 285 .

Coggins v. Buonora

776 F.3d 108 · Court of Appeals for the Second Circuit · Jan 13, 2015

In addition to his absolute immunity claims, Buonora also challenges on appeal the district court’s denial of qualified immunity.. … Qualified immunity protects public officials from civil liability only “if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action

Davis v. State

Nevada Supreme Court · May 14, 2014

Scherer, 468 U.S. 183, 197 (1984) (concluding that a § 1983 plaintiff bears the burden of overcoming the defendant's qualified immunity by showing that his constitutional rights were clearly … We therefore conclude that the district court did not err in finding that qualified immunity applied.

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.

C. B. v. City of Sonora

769 F.3d 1005 · Court of Appeals for the Ninth Circuit · Oct 15, 2014

Next we turn to Chief McIntosh’s and Officer Prock’s qualified immunity arguments. We review de novo a district court’s qualified immunity order denying judgment as a matter of law. La-Londe v. … To determine whether an individual officer is entitled to qualified immunity, we ask (1) whether the official violated a constitutional right and (2) whether the constitutional right was clearly established. Pearson v.

Jerry Lawler v. Hardeman Cnty., Tenn.

93 F.4th 919 · Court of Appeals for the Sixth Circuit · Feb 16, 2024

Qualified immunity shields public officials from the time and expense of a trial unless their actions infringed “clearly established” rules that a “reasonable person” would have understood. … The changes do not affect our resolution because Lawler’s father must overcome qualified immunity’s “clearly established” prong.

Kendrick Story v. Maxcie Foote

782 F.3d 968 · Court of Appeals for the Eighth Circuit · Apr 9, 2015

Correctional officers are entitled to qualified immunity unless they violated clearly established rights of the inmate of which a reasonable person would have known, see Pearson v. … The *971 Supreme Court recently has reserved judgment twice on the question whether decisions of a federal court of appeals are a source of clearly established law for purposes of qualified immunity analysis.

Maxwell v. Outagamie County

District Court, E.D. Wisconsin · Feb 6, 2023

But that articulation of the relevant clearly established principle is the sort of overly general statement that the Supreme Court has repeatedly found insufficient to overcome qualified immunity. … He was likewise entitled to qualified immunity with respect to his delay in calling for emergency medical help because existing caselaw did not clearly establish an obligation to call for medical help immediately.

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.

In the Interest of J.c, Minor Child. D.C., Father

857 N.W.2d 495 · Supreme Court of Iowa · Dec 26, 2014

However, when paternity was clearly established in Robert, the juvenile court, upon the guardian ad li-tem’s motion and after a hearing, properly dismissed him as a necessary party. … Juvenile courts clearly have the authority to make the factual determination of whether a person qualifies as a necessary party, which inherently requires them to determine whether a person qualifies as a child’s biological

Barber v. Miller

809 F.3d 840 · Court of Appeals for the Sixth Circuit · Dec 2, 2015

We therefore confine our inquiry to the clearly established prong of the qualified-immunity analysis. … Because Barber fails to show that these rights were clearly established at the time of the interviews, Miller enjoys qualified immunity.

James McCreary v. Jeffery Richardson

738 F.3d 651 · Court of Appeals for the Fifth Circuit · Oct 7, 2013

of particular conduct is clearly established.” … As this court has noted, an official: does not lose qualified immunity merely because a certain right is clearly established in the abstract.

Brian Davis v. George Wigen

76 F.4th 246 · Court of Appeals for the Third Circuit · Aug 4, 2023

Qualified Immunity The Federal Defendants argue that they are entitled to qualified immunity as to Plaintiffs’ RFRA claim because the law was not clearly established when Moshannon Valley denied Davis’s marriage request … Fitzgerald, 457 U.S. 800, 818 (1982) (holding that qualified immunity protects government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional

David Engel v. J. Wendl, Larry Brimeyer

921 F.2d 148 · Court of Appeals for the Eighth Circuit · Jan 31, 1991

The Court in Harlow established that in passing upon the issue of this qualified or “good faith” immunity, courts must apply an objective standard of reasonableness. Id.; Anderson v. … , Wendl and Brimeyer are not entitled to qualified immunity.

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 .

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).