Case law

Pickens v. Hollowell

59 F.3d 1203 · Court of Appeals for the Eleventh Circuit · Jul 31, 1995

In order for the law to be clearly established for purposes of qualified immunity, "the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government … Malley and Garmon clearly establish that a police officer is not protected by qualified immunity if he applies for an arrest warrant where "a reasonably well-trained officer ... would have known that his affidavit failed

Blackwell v. St Charles Parish

275 F. App'x 363 · Court of Appeals for the Fifth Circuit · Apr 24, 2008

Qualified Immunity The defense of qualified immunity shields government officials performing discretionary functions from civil liability “‘insofar as their conduct does not violate clearly established . . . constitutional … Thus, Plaintiffs have failed to establish that Laque’s actions were unreasonable in light of clearly established law and he is entitled to qualified immunity on this claim.

C v. Ex Rel. Villegas v. City of Anaheim

823 F.3d 1252 · Court of Appeals for the Ninth Circuit · May 25, 2016

The panel nevertheless held that defendants were entitled to qualified immunity because it was not clearly established on January 7, 2012, that using deadly force in this situation, even viewed in the light most favorable … Alternatively, the district court held that Bennallack was entitled to qualified immunity because it was not clearly established that his conduct violated the Fourth Amendment.

Chipperini v. Crandall

253 F. Supp. 2d 301 · District Court, D. Connecticut · Mar 26, 2003

Clearly Established Right As noted above, the defendants are entitled to qualified immunity if they did not violate Chipperini’s “clearly established” rights when they arrested her. … establish’ the law for qualified immunity purposes.

Epps v. Watson

492 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Jul 18, 2007

This is particularly true in cases involving qualified immunity, where we must determine whether a defendant's actions violated a clearly established right.”); Fullman v. … “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.” Mitchell v.

Schwartz v. Booker

702 F.3d 573 · Court of Appeals for the Tenth Circuit · Dec 19, 2012

II Qualified immunity protects governmental officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Accordingly, whether Booker and Peagler are entitled to qualified immunity depends upon whether the constitutional right was clearly established.

Matthew Glass v. Allen Kerr

Court of Appeals for the Eighth Circuit · Jan 10, 2023

(on appeal of denial of summary judgment on issue of qualified immunity, this court has jurisdiction to consider abstract issues of law, such as whether right allegedly infringed was clearly established). … of particular conduct was clearly established).

Triomphe Investors v. City of Northwood

835 F. Supp. 1036 · District Court, N.D. Ohio · Oct 29, 1993

Qualified Immunity Defendants also argue that they are entitled to summary judgment based on the doctrine of qualified immunity. … known that they were violating plaintiffs’ clearly established constitutional right.

Amnesty International, USA v. Battle

559 F.3d 1170 · Court of Appeals for the Eleventh Circuit · Feb 23, 2009

’ qualified immunity from suit. … Qualified Immunity “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

Armonia Rigsby v. County of Los Angeles

531 F. App'x 811 · Court of Appeals for the Ninth Circuit · Jun 24, 2013

Assuming arguendo that Plaintiffs’ privacy rights were violated, Defendant social workers are entitled to qualified immunity because the rights that Plaintiffs seek to protect were not clearly established at the time of … United States, 373 F.3d 952, 976 (9th Cir. 2004) (concluding that right was not clearly established because the Ninth Circuit and Supreme Court had never squarely addressed the alleged right).

Edward Vega v. Floyd H. Miller, James C. Desimone, Howard L. English, Carolyn D. Jones, and G. Peter Cooney

273 F.3d 460 · Court of Appeals for the Second Circuit · Nov 29, 2001

The Defendants first filed a motion to dismiss on November 10, 1997, arguing, among other things, that they were entitled to qualified immunity on the ground that the law concerning Vega’s claims was not clearly established … Qualified Immunity Government officials are “ ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

In Re Conner

172 B.R. 119 · United States Bankruptcy Court, M.D. Florida · Aug 15, 1994

However, this principle cannot change the law which requires an annuity contract to qualify for the section 222.14 exemption. … If all that is required to establish an annuity contract is a stream of payments over time, all installment contracts would qualify as an annuity and that is clearly not what the McCollam decision requires.

Michael McDonald v. Marico Flake

814 F.3d 804 · Court of Appeals for the Sixth Circuit · Feb 29, 2016

Officer Flake argues that he is entitled to qualified immunity. … Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights. Harlow v.

Suhail Al Shimari v. CACI International, Incorporated

Court of Appeals for the Fourth Circuit · Sep 21, 2011

The strategy and tactics employed on the battle- field are clearly not subject to judicial review"). … McKnight, 521 U.S. 399 (1997), the Supreme Court declined to extend qualified immunity to privately employed prison guards in an action under 42 U.S.C. § 1983.

Kim D. Lee v. Luis Ferraro

284 F.3d 1188 · Court of Appeals for the Eleventh Circuit · Mar 5, 2002

Qualified immunity offers “complete protection for government officials sued in their individual capacities as long as ‘their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Talladega City Bd. of Educ., 115 F.3d 821, 826 n.4 (11th Cir. 1997) (“In this circuit, the law can be clearly established for qualified immunity purposes only by decisions of the U.S.

Williams v. Aaron

District Court, W.D. North Carolina · Jan 18, 2024

The Defendant argues in the Trial Brief that he is entitled to qualified immunity because he did not violate any clearly established right, and that the Plaintiff failed to exhaust his administrative remedies by failing … Alford, 973 F.2d 307, 312 (4th Cir. 1992) (the question of whether a right is clearly established is a question of law for the court to decide).

Fajardo v. City of Bakersfield

District Court, E.D. California · Jan 25, 2022

Immunity 3 “Qualified immunity shields officers from civil liability so long as their conduct does not 4 violate clearly established statutory or constitutional rights … S. 223 (2009)(holding 6 that officers were entitled to qualified immunity because their entry did not violate clearly 7

Scott v. Superintendent

Court of Appeals for the Second Circuit · Aug 2, 2010

immunity because the right that Scott asserts was 10 violated was not clearly established at the time of the alleged 11 violation. 12 It is now indeed clearly established that such an 13 administrative … 16 that it was "clearly established" in the qualified immunity 17 context, which governs the conduct of government officials who 18 are likely neither lawyers nor legal scholars.

Gonzales v. Dankel

District Court, E.D. Texas · Jun 12, 2024

Qualified immunity shields government officials from liability for civil damages so long as their conduct does not violate clearly established rights. Johnston, 14 F.3d at 1059. … “Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Hernandez v. Tex.

Donovan v. City of Milwaukee

17 F.3d 944 · Court of Appeals for the Seventh Circuit · Feb 18, 1994

Under the doctrine of qualified immunity, “governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … As the Adams court correctly ob *953 served, “generalities are just not helpful” in qualified immunity decisions because “[t]he bright line of ‘clearly established law”’ is “staked out by a process of inclusion and exclusion