Case law

Sensabaugh v. Krznarich

District Court, E.D. Wisconsin · Sep 5, 2023

To defeat qualified immunity, plaintiff must show that he was deprived of a constitutional right that was “clearly established at the time and under the circumstances presented.” Bianchi v. … It would be error for me to find that the general “right to be free of excessive force” is clearly established law for the purposes of qualified immunity. Emmons, 139 S.

Aguilar v. Moyer

District Court, M.D. Pennsylvania · Jan 26, 2023

the right was clearly established. … Moyer is entitled to qualified immunity.

James O'Doan v. Joshua Sanford

991 F.3d 1027 · Court of Appeals for the Ninth Circuit · Mar 19, 2021

In the exercise of our discretion, and with the Supreme Court’s admonitions in mind, we resolve this case only on the “clearly established law” prong of the qualified immunity framework. … If qualified immunity means anything, it is that clearly established law did not require officers to make a medical judgment that not even O’Doan’s treating physician was willing to hazard.

Creighton v. Anderson

922 F.2d 443 · Court of Appeals for the Eighth Circuit · Dec 17, 1990

Once the plaintiff has demonstrated that the law governing the plaintiffs’ rights was clearly established at the time of the defendant’s acts, the defendant has the burden of proof with respect to all other elements of the … qualified immunity defense.

Dennis Grimes v. James Tilton

384 F. App'x 603 · Court of Appeals for the Ninth Circuit · Jun 17, 2010

Defendant prison officials appeal from the district court’s order denying them qualified immunity in California state prisoner Dennis Grimes’s 42 U.S.C. § 1983 action. … were clearly established in late 2005 and 2006 when defendants denied his requests for a vegetarian diet based on his religious beliefs.

Clabough

District Court, E.D. North Carolina · Mar 18, 2026

entitled to qualified immunity.”). … Forsythe, 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

Lane v. Sarpy County

165 F.3d 623 · Court of Appeals for the Eighth Circuit · Jan 13, 1999

For reversal, Lane argues that the district court erred in holding that qualified immunity protects defendants from § 1983 liability for errors made in the preparation and execution of an arrest warrant intended for another … Because plaintiff cannot establish a constitutional violation, defendants are entitled to summary judgment based on qualified immunity. 6 In sum, we conclude upon careful review that the district court's analysis of this

John P. Kelly v. Unknown Manriquez

532 F. App'x 677 · Court of Appeals for the Ninth Circuit · Jun 26, 2013

dismissal on the basis of qualified immunity. Kwai Fun Wong v. United States, 373 F.3d 952, 966 n.18 (9th Cir. 2004). We affirm. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

Quintana v. Santa Fe County Board of Comm.

973 F.3d 1022 · Court of Appeals for the Tenth Circuit · Aug 28, 2020

Qualified Immunity Our qualified-immunity inquiry requires a plaintiff to allege that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established at the time of the … When qualified immunity is asserted, the plaintiffs must show that the defendants violated a constitutional or statutory right that was clearly established. Estate of Booker v.

Christensen v. Park City Municipal Corp.

554 F.3d 1271 · Court of Appeals for the Tenth Circuit · Feb 6, 2009

Christensen] was not ‘clearly established’ in January 2004 [the date of the incident],” id. at 8, thus entitling the individual defendants to qualified immunity. … Until very recently, in a case of qualified immunity, district and appellate courts were required to resolve the issue of law before proceeding to whether it was clearly established. Saucier v.

Hyman v. Lewis

District Court, E.D. Michigan · Nov 14, 2019

The complaint fails to state a claim under § 1983; further, because Plaintiff has not articulated a constitutional violation by the individual defendants, they are entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity provides immunity from suit for government officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Washington v. St. Louis, Missouri, City of

District Court, E.D. Missouri · Mar 31, 2021

Defendants assert that the individual defendants are entitled to qualified immunity because “their conduct comported with and did not violate clearly established law.” Doc. [11-1] at 13. … immunity because it was not clearly established at the time of the incident that their conduct was a violation of Mr.

Lowrance v. Achtyl

20 F.3d 529 · Court of Appeals for the Second Circuit · Mar 29, 1994

immunity. … That burden having been met, the burden then shifted to the defendants to establish that Aehtyl would have issued the report in the absence of the improper reason.

Strickland v. City of Las Cruces

District Court, D. New Mexico · Mar 27, 2025

(Doc. 63) at 11.1 Alternatively, Defendants argue they are “entitled to qualified immunity, pursuant to Wilson, 52 F.3d 1547, because the law was not clearly established at the time of the incident.” Id. … Even if the Court determined Defendant Officers’ PIT maneuver was objectively unreasonable, the Officers are entitled to qualified immunity because performing the PIT maneuver did not violate clearly established law.

Richard Marx, Individually and Kristina Marx, a Minor v. Glenn H. Gumbinner, Bruce H. Colton and Pamela J. Roebuck

855 F.2d 783 · Court of Appeals for the Eleventh Circuit · Sep 20, 1988

Thus, a government official who is potentially entitled to absolute immunity may seek to establish his immunity in the following manner. … prosecutors engage are, at most, accorded only qualified immunity.

Irvin v. Prentiss County, Mississippi

District Court, N.D. Mississippi · Jan 27, 2021

Clifton, 29 F.3d 1012 (5th Cir. 1994) (holding that law enforcement officers are entitled to qualified immunity “unless it is shown that, at the time of the incident, [the officer] violated a clearly established constitutional … The Defendants contend that Irvin cannot establish deliberate indifference, relying in large part on various affidavits attached to their Motion [56].

Novak v. City of Parma

District Court, N.D. Ohio · Feb 24, 2021

Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. … Seitzinger, 363 F. 3d 645, 648 (7th Cir. 2004) (awarding officer qualified immunity and holding that the officer’s consultation with prosecutor “goes far” to establish qualified immunity); Dixon v.

Abby Martin v. Chancellor for The Board of Regents of The University System Georgia

Court of Appeals for the Eleventh Circuit · Jun 22, 2023

Cannon, 174 F.3d 1271, 1288 n.11 (1999) (“This Circuit has held that dicta cannot clearly establish the law for qualified immunity purposes.”); Hamilton v. … For a broad, clearly established principle to prevent qualified immunity from applying, “the principle must be established with ‘obvious clarity’ by the case law so that ‘every objectively reasonable

Manetta v. County of Macomb

955 F. Supp. 771 · District Court, E.D. Michigan · Feb 12, 1997

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982) (qualified immunity shields government officials performing discretionary functions from liability under § 1983 unless their conduct violates clearly … ; rather, they are subject to only qualified immunity).

Doubleday v. Ruh

93 Daily Journal DAR 9706 · District Court, E.D. California · Jun 11, 1993

As clearly held by In Re California Public Utilities Com’n, 892 F.2d 778, 781 (9th Cir.1989), the work product immunity cannot be claimed by one who would ordinarily hold the right to assert the immunity 5 unless that person … Assertion of work product is not assertion of a privilege, but rather assertion of a qualified immunity. Admiral Ins v. U.S.D.C. (Ariz.), 881 F.2d 1486, 1494 (9th Cir.1989).