Case 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.

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.

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.

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.

Park v. Shiflett

Court of Appeals for the Fourth Circuit · May 17, 2001

The determination of whether qualified immunity exists is ultimately a question for the court. The standard used for determining qualified immunity is an "objectively reasonable" standard. … The court does not look to the sub- jective intent of the officer in granting qualified immunity.

Muschette v. Gionfriddo

Court of Appeals for the Second Circuit · Dec 7, 2018

“Qualified immunity protects officials from liability for civil damages as  long as their conduct does not violate clearly established statutory or  constitutional rights of which a reasonable person would have known.”   … Torreso, 764 F.3d  217, 237 (2d Cir. 2014) (“An officer is not entitled to qualified immunity on the grounds  that the law is not clearly established every time a novel method is used to inflict  injury.” 

33 Seminary LLC v. City of Binghamton

120 F. Supp. 3d 223 · District Court, N.D. New York · Jul 28, 2015

Absolute and Qualified Immunity Defendants also argue that even if they violated Plaintiffs’ constitutional rights, they are entitled to qualified immunity in their individual capacities because they did not violate a clearly … Defendants unreasonably violated a clearly established right of Plaintiffs.

Weatherford Ex Rel. Michael L. v. State

206 Ariz. 529 · Arizona Supreme Court · Dec 17, 2003

Government officials performing discretionary functions, however, receive qualified immunity from § 1983 actions unless their conduct violated a clearly established constitutional or federal statutory *532 right of which … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). ¶ 6 To overcome the social workers’ qualified immunity defense, Weatherford bears the initial burden of proving a violation of a clearly established

Hernandez v. City of Rochester

260 F. Supp. 2d 599 · District Court, W.D. New York · Apr 30, 2003

clearly established law.” … Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). 9 *613 To establish a qualified immunity defense, then, defendants must show either “(a) the defendant’s action did not violate clearly established law, or

Billups v. Penn State Milton S. Hershey Medical Center

910 F. Supp. 2d 745 · District Court, M.D. Pennsylvania · Nov 20, 2012

Immunity Finally, the Court will address whether Drs. … Choudhary, Crowell, and Dias are absolutely immune from liability. B.

Robinson v. White

District Court, E.D. Michigan · Oct 25, 2024

Defendant’s second argument on qualified immunity roughly equates to: even if there was a constitutional violation here, the individual officers are entitled to qualified immunity for reasonable but … not be entitled to qualified immunity.

Springer v. Placer County

338 F. App'x 587 · Court of Appeals for the Ninth Circuit · Jun 18, 2009

We follow a two-pronged approach when analyzing qualified immunity. … Morris confronted that her conduct was unlawful under clearly established law.

Wood v. State of Utah

District Court, D. Utah · Jan 3, 2025

qualified immunity. … Qualified Immunity Qualified immunity shields state officers from civil liability if their conduct “does not violate clearly established statutory or constitutional rights

Wooten v. Campbell

49 F.3d 696 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

Under the qualified immunity standards, Wooten fails to demonstrate that the defendants violated a clearly established right. It was not  I. … Under the qualified immunity defense, the defendants are immune from liability if Wooten's complaint fails to state a violation of a "clearly established statutory or constitutional right[ ] of which a reasonable person

People of Michigan v. Dametrius Benjamin Posey

Michigan Supreme Court · Jul 31, 2023

immunity rather than complete immunity applies where the prosecutor is acting as a police officer and not in the role of an advocate) (quotation marks and citation omitted). … The lead opinion does not address this important qualifier.

William Willson v. Thomas Yerke

604 F. App'x 149 · Court of Appeals for the Third Circuit · Mar 11, 2015

immunity from § 1983 claims for damages unless the facts alleged by the plaintiff show the violation of a constitutional right, and the right at issue was clearly established at the time of the alleged misconduct. 5 Here … qualified immunity on this basis as well.

Ragland v. City of New York

District Court, S.D. New York · Feb 25, 2022

In addition, with respect to the defense of qualified immunity under federal law, or governmental immunity under New York Law, a jury could conclude that the Defendants’ decision to search and arrest Plaintiff under such … City of New York, 478 F.3d 76, 87 (2d Cir. 2007) (“Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of

Moses Stryker v. City of Homewood

978 F.3d 769 · Court of Appeals for the Eleventh Circuit · Oct 20, 2020

Qualified immunity is a doctrine that shields public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … violated was clearly established.”

Medina, Hector Rolando

475 S.W.3d 291 · Court of Criminal Appeals of Texas · Nov 4, 2015

Is the State, in a post-conviction evidentiary hearing on a writ of habeas corpus, clearly prohibited from calling the writ applicant to testify— under a grant of both use and derivative-use immunity — about whether he was … We have recently recognized that “an issue of first impression can sometimes qualify for mandamus relief when the factual scenario has never been precisely addressed but the principle of law has been clearly established.”

Kenneth Miller v. Michael Wenerowicz

648 F. App'x 161 · Court of Appeals for the Third Circuit · May 2, 2016

Id. at 89.2 Even if a prison official’s restriction on the right to marry is unconstitutional under the Turner test, however, the official is immune from suit unless the right at issue was “clearly established.” … Even if a “robust consensus” of persuasive authority could clearly establish a right, Taylor v. Barkes, 135 S.