Case law

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.

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.

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.

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).

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.

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.

Brooks v. Taylor County

District Court, N.D. Texas · Oct 21, 2020

Catre, 77 F.3d 116, 120 (5th Cir. 1996) (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”). … Should Brooks elect to file an amended complaint and Rule 7(a) reply that is “tailored” to the officers’ assertions of qualified immunity, such filings are due no later than 020), published decisions can clearly establish

Crawford-El v. Britton

523 U.S. 574 · Supreme Court of the United States · May 4, 1998

clearly established law, which is an “essentially legal question.” … The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.

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.

Estate of Lopez Ex Rel. Lopez v. Gelhaus

871 F.3d 998 · Court of Appeals for the Ninth Circuit · Sep 22, 2017

Step Two—Whether the right was clearly established. … The • court therefore discussed only step two in its separate section on qualified immunity. It concluded that the law was "clearly established” that Gelhaus's conduct was unconstitutional.

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.

Bernard Jones v. Rick McNeese

746 F.3d 887 · Court of Appeals for the Eighth Circuit · Mar 26, 2014

was clearly established at the time of the alleged misconduct. … was 'clearly established.'"

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.

Clint Small v. James McCrystal

708 F.3d 997 · Court of Appeals for the Eighth Circuit · Feb 19, 2013

This court reviews de novo a denial of summary judgment on grounds of qualified immunity. Nelson, 583 F.3d at 527. … 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 a reasonable person would have known

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.

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

Soto v. Trejo

District Court, D. New Mexico · May 29, 2024

In their Motion, Defendants argue that Defendant Johnson is entitled to qualified immunity because Plaintiff has not alleged that she violated any clearly established law or acted with requisite intent to state a § 1983 … Defendants point out that, under Plaintiff’s view of what constitutes a violation of “clearly established” law, any violation of an administrative rule would suffice to deny qualified immunity to a state official.

Dufort v. City of New York

874 F.3d 338 · Court of Appeals for the Second Circuit · Oct 27, 2017

Qualified Immunity In the alternative, the Defendants argue that even if Dufort has established the requisite elements of his false arrest and malicious prosecution claims, they are nonetheless entitled to qualified immunity … Qualified immunity establishes a defense for a government actor acting in his official capacity. Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986).

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.