Case law

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.

Livant v. Clifton

272 F. App'x 113 · Court of Appeals for the Second Circuit · Apr 7, 2008

Government officials performing discretionary functions are generally granted qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … They are entitled to qualified immunity if (1) their conduct does not violate “clearly established” rights of which a reasonable person would have known, id.

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).

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 .

McKenna v. Edgell

617 F.3d 432 · Court of Appeals for the Sixth Circuit · Aug 17, 2010

The court applied the doctrine of qualified immunity because “there is no ‘clearly established law 1 creating federal liability for a constitutional tort” that occurs when paramedics responding to an emergency restrain a … As described above, both actions violated clearly established constitutional rights, and the denial of qualified immunity was appropriate. C.

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.

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

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.

Mulligan v. Rioux

229 Conn. 716 · Supreme Court of Connecticut · Jun 28, 1994

In accordance with this established precedent, the defendants were entitled to qualified immunity as a matter of law only if, on the facts found, their conduct either did not violate “clearly established rights” of which … Fountain, supra, *742 915 F.2d 823 (“to establish the qualified immunity-defense, a police officer must satisfy one of two tests: either that his [or her] conduct did not violate ‘clearly established rights’ of which a reasonable

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.

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.

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.

Mccarthy v. Mayo

827 F.2d 1310 · Court of Appeals for the Ninth Circuit · Oct 30, 1987

But a governmental official has immunity for discretionary acts so long as those acts do not violate a clearly established constitutional right. Harlow v. … Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (qualified immunity available where the right violated was not clearly established at the time the act took place). 18 McCarthy alleges that the defendants' conspiracy

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.

Hattie Tanner v. David Walters

98 F.4th 726 · Court of Appeals for the Sixth Circuit · Apr 15, 2024

Government officials performing discretionary functions are entitled to qualified immunity from civil liability “when their conduct ‘does not violate clearly established statutory or constitutional rights of which a  No. … “When a defendant invokes qualified immunity in a motion for summary judgment, the plaintiff must offer sufficient evidence to create a genuine dispute of fact that the defendant violated a clearly established right.”

Hurlman v. Rice

927 F.2d 74 · Court of Appeals for the Second Circuit · Mar 4, 1991

The qualified immunity enjoyed by police officers protects them against a suit for damages “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982)), or, where the rights were clearly established, insofar as it was objectively reasonable to believe that their acts did not violate those rights

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.

Tanner v. McMurray

989 F.3d 860 · Court of Appeals for the Tenth Circuit · Mar 2, 2021

Endorsing the district court’s conclusion that Appellees are entitled to qualified immunity under Filarsky simply because they worked for the government through a contractor would establish a de facto functional test for … 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.