Case law

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.