Case law

Sims v. Metropolitan Dade County

972 F.2d 1230 · Court of Appeals for the Eleventh Circuit · Sep 18, 1992

The current doctrine covers the state official’s discretionary actions with the cloak of qualified immunity so long as the official’s actions do not violate clearly established rights of which a reasonable person would have … ’s actions violated clearly established rights.

Jones v. Milsteen

District Court, M.D. Pennsylvania · Jul 27, 2023

Finally, on the second prong of the qualified immunity analysis, Jones’ right to be free from excessive force was clearly established at the time of the violation, because a robust consensus of persuasive Court of Appeals … doctrine, and its contention that qualified immunity bars the claim is without merit.

Hernandez v. County of Santa Clara

District Court, N.D. California · Dec 8, 2020

was clearly established at the time of the 11 alleged misconduct.” … 6 risk that [detainee] would imminently attempt suicide”). 7 Plaintiff argues that qualified immunity does not apply in this case because “custodial 8 safety” is a “clearly established right,”

Rodriguez-Mateo v. Fuentes-Agostini

Court of Appeals for the First Circuit · May 30, 2003

Dep't for Children, Youth & Their Families , 321 F.3d 1, 4 (lst Cir. 2003) (qualified immunity applies if the asserted constitutional right was not "clearly established" at the time of the alleged violation). (6) Appellant … Although appellees' entitlement to immunity precludes any need to address the issue substantively, we wish to indicate that even if it had been clearly established that the Fourth Amendment embraced malicious prosecution,

Fenn v. City of Truth or Consequences

District Court, D. New Mexico · Nov 6, 2019

immunity prong, and that Defendants Alirez and Apodaca are entitled to qualified immunity under the second “clearly established” prong. … Plaintiff’s failure to carry his burden of showing the law was clearly established entitles Defendants to qualified immunity. See Cox v.

Thompson v. Ohio State University

990 F. Supp. 2d 801 · District Court, S.D. Ohio · Jan 6, 2014

It is not necessarily true that the exact factual circumstances alleged in a given case must have been found to be a constitutional violation before a right can be “clearly established” for purposes of a qualified immunity … Salimbene’s claim of qualified immunity, it is clearly established that a public official’s retaliation against an individual for exercising First Amendment rights violates 42 U.S.C. § 1983 .

Ketring v. City of Loveland, Ohio

District Court, S.D. Ohio · Jun 6, 2023

right was clearly established at the time of the offense. … Once a defendant raises the qualified immunity defense, the plaintiff has the burden of demonstrating a violation of a constitutional right and showing that the right was clearly established.

The Cloister East, Inc. v. New York State Liquor Authority

District Court, S.D. New York · Sep 28, 2021

”''® However, “[e]ven where the law is clearly established and the scope of an official’s permissible conduct is clearly defined, the qualified immunity defense also protects an official if it was objectively reasonable … “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined” at such a high level of generality. /d.

Canary v. Osborn

211 F.3d 324 · Court of Appeals for the Sixth Circuit · May 3, 2000

It is the defendants’ burden to establish the the title of one of its substitute teachers, it voted to not renew existence of absolute legislative immunity. See Kamplain v. … as established by Bogan v.

Natia Sampson v. County of Los Angeles

974 F.3d 1012 · Court of Appeals for the Ninth Circuit · Sep 9, 2020

But, critically, the 2011 case did not reach the clearly established prong of the qualified immunity analysis and said nothing about whether the right was clearly established prior to 2011. See Glenn, 673 F.3d at 870. … Therefore, because the same clearly established right at issue in Capp is also at issue here, the cases that supported denial of qualified immunity in Capp also compel us to deny qualified immunity in the instant case. 4

Horn v. Price

255 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Apr 9, 1992

doctrine of parental immunity. … Moreover, we are satisfied that all issues of law raised are clearly without merit. R. 2:ll-3(e)(l)(E).

REDMON v. SHROPSHIRE

District Court, M.D. Georgia · Feb 23, 2022

establishing that Ford’s actions were unconstitutional, he is entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (“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

United States v. Abel Casarez-Bravo, D.C. No

181 F.3d 1074 · Court of Appeals for the Ninth Circuit · Jun 22, 1999

B Although the 1986 conviction did not-qualify as a predicate conviction, the district court only needed to find two qualifying predicate convictions for Casarez-Bravo to be considered a career criminal under the Sentencing … United States, 511 U.S. 485 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994). 1 In addition to the statutory definition, we may also examine “ ‘documentation or judicially noticeable facts that clearly establish that the conviction

Wallisa v. City of Hesparia

369 F. Supp. 3d 990 · District Court, C.D. California · Mar 20, 2019

"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 a reasonable person … The qualified immunity analysis involves two distinct steps, determining: (1) whether the facts alleged by a plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was "clearly established

Parks v. Blanchette

144 F. Supp. 3d 282 · District Court, D. Connecticut · Nov 4, 2015

Qualified Immunity Defendants argue that they are entitled to qualified immunity for the *300 retaliation and deliberate indifference claims 8 , because the rights at issue were not sufficiently clearly established at the … “A government official performing a discretionary function is entitled to qualified immunity provided his or her ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Lankamer v. Lalley

District Court, N.D. Illinois · Sep 9, 2024

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … That right is clearly established.”); Snukis, 2022 WL 2305697, at *7 (denying qualified immunity at the motion to dismiss stage because “it was clearly established that Snukis had a Fourth Amendment right to prompt medical

Kennedy v. City of Ridgefield

439 F.3d 1055 · Court of Appeals for the Ninth Circuit · Mar 7, 2006

Southwest Airlines, 124 F.3d 1103, 1107 (9th Cir.1997) ("[W]e have jurisdiction over an interlocutory appeal from the denial of qualified immunity where the appeal focuses on whether the defendants violated a clearly established … I would hold that, taking into account the "specific context of th[is] case," the right was not clearly established at the time Officer Shields acted, and Shields is thus entitled to qualified immunity.

Mascher v. Hon. hancock/gaver

Court of Appeals of Arizona · Feb 16, 2016

State, 206 Ariz. 529, 532, ¶ 6 (2003) (when defendant offers immunity defense, plaintiff "bears the initial burden of proving a violation of a clearly established constitutional or statutory right").

Garcia v. Does 1-40

779 F.3d 84 · Court of Appeals for the Second Circuit · Aug 21, 2014

Qualified Immunity “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was … Defendants bear the burden of establishing qualified immunity. Vincent v. Yelich, 718 F.3d 157, 166 (2d Cir.2013).

Olmsted v. Douglas County

District Court, D. Oregon · Jul 31, 2023

Government officials are not entitled to qualified immunity if their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas-Villegas v. … See Id. at 657 (“Our qualified-immunity cases illustrate the importance of drawing inferences in favor of the nonmovant, even when . . . a court decides only the clearly-established prong of the standard.”); Anderson, 477