Case law

Robert Devereaux v. Roberto Ricardo Perez

218 F.3d 1045 · Court of Appeals for the Ninth Circuit · Jul 12, 2000

ANALYSIS Standard of Review 30 A district court's decision that an asserted federal right was "clearly established" such that qualified immunity in a 42 U.S.C. … Bailey, 957 F.2d 920, 931 (1st Cir. 1992) (noting that "the dimensions of [the] right [to family integrity ] have yet to be clearly established" and applying qualified immunity to suit in which social worker allegedly interfered

William McKinney v. Pat Anderson Carol Ployer H.L. Whitley George W. Sumner John Nye

924 F.2d 1500 · Court of Appeals for the Ninth Circuit · Feb 1, 1991

The defendants have raised the affirmative defense of qualified immunity, which shields them from liability for damages if their conduct “does not violate clearly established statutory or constitutional rights of which a … At the time the defendants acted, there was no clearly established liability for exposing prisoners to ETS.

Emil A. Tonkovich v. Kansas Board Of Regents

159 F.3d 504 · Court of Appeals for the Tenth Circuit · Oct 26, 1998

I, doc. 3 at 172 (plaintiff's failure to allege that Hearing Committee members violated clearly established right entitles them to qualified immunity); id., doc. 4 at 216-17 (plaintiff's failure to identify clearly established … Pages and pages of facts are no substitute for citations to clearly established law. Nor can they meet Professor Tonkovich's burden on qualified immunity.

Kerns v. Bader

663 F.3d 1173 · Court of Appeals for the Tenth Circuit · Dec 20, 2011

In other words, the district court’s opinion addressed only the first part of the two part test for qualified immunity. What to do when the district court fails to address the second, clearly established law, element? … And it proceeds to deny qualified immunity to all three defendants without pausing to address the clearly established law question. To be sure, the dissent appears very concerned by the fact that Mr.

American Trucking Associations, Inc. v. Conway

152 Vt. 363 · Supreme Court of Vermont · Aug 25, 1989

first impression in a manner “not clearly foreshadowed”), and where its retroactive application would be inequitable. … First, we do not see this case as establishing a new rule of law..

Vasquez v. Davis

226 F. Supp. 3d 1189 · District Court, D. Colorado · Dec 28, 2016

Duty & Qualified Immunity a. … The “clearly established” element of the qualified immunity analysis would not require a specific case about vomiting blood before CDOC officials could be held liable. Cf.

Hamilton v. The City of Wilmer Texas

District Court, N.D. Texas · Aug 1, 2023

A plaintiff seeking to overcome qualified immunity must plead facts: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the … “To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Brown v.

Slone v. Herman

983 F.2d 107 · Court of Appeals for the Eighth Circuit · Jan 4, 1993

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the Supreme Court held that, in order for officials to lose their qualified immunity, their conduct must violate “clearly established statutory … The Court stated that the agent was entitled to qualified immunity if, “in light of the clearly established principles governing warrantless searches, he could, as a matter of law, reasonably have believed that the search

Westport Taxi Service, Inc. v. Westport Transit District

235 Conn. 1 · Supreme Court of Connecticut · Aug 15, 1995

The legislative history of the act clearly establishes that it was intentionally patterned after the antitrust law of the federal government. See 14 H.R. Proc. … Id., 185. 25 In this case, the defendant did not specially plead any immunity defense — absolute or qualified.

West v. Kind

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

Most of the time, the reason for dismissal of a complaint on qualified immunity grounds is the lack of a clearly established constitutional right. … “Ultimately, dismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well-pleaded allegations, taken as true, do not ‘state a claim of violation of clearly established law.’”

Estate of Derek Williams, Jr. v. Jeffrey Cline

Court of Appeals for the Seventh Circuit · Aug 31, 2018

It concludes, however, that we have jurisdiction to consider the second prong of the qualified-immunity analysis: whether those constitutional rights were clearly established. … legal questions related to qualified immunity.

Lewis Harry, Jr. v. Anna Jacobs

648 F. App'x 732 · Court of Appeals for the Ninth Circuit · Apr 19, 2016

The district court properly granted summary judgment for Talley on the basis of qualified immunity because it would not have been clear to every reasonable official that it was unlawful under the circumstances to temporarily … Ct. 2074, 2080, 2083 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that right” (citation and

Maye v. New Haven

District Court, D. Connecticut · Jan 24, 2023

The qualified immunity decisions Defendants cite as the “controlling decisions” were the law on qualified immunity when the deadline for dispositive motions passed. … City of New York, 374 F.3d 93, 108 (2d Cir. 2004) (“The matter of whether a right was clearly established at the pertinent time is a question of law.”) (citing cases).

Picray v. Sealock

138 F.3d 767 · Court of Appeals for the Ninth Circuit · Mar 9, 1998

He contends that each of these bases of immunity was clearly established at the time of his arrest. We disagree. … None of Picray’s asserted bases of immunity from arrest were “clearly established” at the time of his arrest.

Scott v. Carpenter

District Court, D. South Dakota · Jan 25, 2024

for the limited purpose of addressing the issue of qualified immunity.” … issue can be resolved); Lovelace, 47 F.3d at 287 (holding that discovery was appropriate when plaintiff states a claim of violation of a clearly established law and the parties disagree as to what actions the defendants

The Estate of Dominique McCoy v. County of San Diego

District Court, S.D. California · Jun 16, 2025

19 For qualified immunity, Defendants contend that Plaintiff has not identified a 20 clearly established constitutional right. … clearly 4 established federal law.”); Borja v.

Cantley v. West Virginia Regional Jail & Correctional Facility Authority

771 F.3d 201 · Court of Appeals for the Fourth Circuit · Nov 14, 2014

The doctrine of qualified immunity protects defendants in § 1983 suits from the burden of going to trial where the “conduct [at issue] does not violate clearly established statutory or constitutional rights of which a reasonable … Because the law was not clearly established, the defendants are entitled to qualified immunity for the strip search of Teter. 2 III.

Michael A. Kroll v. United States Capitol Police

847 F.2d 899 · Court of Appeals for the D.C. Circuit · Jun 21, 1988

Kroll did not constitute the violation of a “clearly established” right within the meaning of Harlow . … Under Harlow and its progeny, defendants’ entitlement to qualified immunity raises only a narrow question.

Porter v. Bowen

496 F.3d 1009 · Court of Appeals for the Ninth Circuit · Aug 6, 2007

Finally, we hold that Jones is entitled to qualified immunity from damages because the constitutionality of halting vote swapping was not clearly established in 2000. … The court ruled that Jones was entitled to qualified immunity because “the law regarding the constitutionality of prohibiting internet vo-teswapping is far from clearly established.”

Hameed v. Mann

57 F.3d 217 · Court of Appeals for the Second Circuit · Jun 15, 1995

The district court dismissed the complaint against Selsky on the ground that he was entitled to absolute immunity. Thereafter, in Young v. … to qualified immunity.