Case law

Normand v. Mississippi Department of Corrections

District Court, N.D. Mississippi · Aug 3, 2021

has clearly abrogated it.” … constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

George Wingate v. Scott Fulford

987 F.3d 299 · Court of Appeals for the Fourth Circuit · Feb 4, 2021

The burden of establishing a qualified immunity defense rests on the official asserting the defense. Meyers v. Baltimore County, 713 F.3d 723, 731 (4th 2013). … But because this right was not clearly established at the time of the arrest, the Officers are entitled to qualified immunity on this claim. 21

Berg v. N.Y.C. Police Comm'r

Court of Appeals for the Second Circuit · Jul 25, 2018

  we  determine  they  violated a  clearly  established  right.  … Vega, 371 F.3d 110,  8 116  (2d  Cir.  2004)  (stating  that  where  qualified  immunity  is  based  on  9 claimed special need to search parolee’s residence, the issue “is whether, in  10 light of clearly established

Banks v. Booher

District Court, M.D. Pennsylvania · Mar 5, 2025

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 … Defendants do not explain their argument for qualified immunity, beyond asserting that plaintiffs’ claims do not violate a “clearly established right of Native American/Indigenous inmates to have

Machete Productions, L.L.C. v. Heather Page

809 F.3d 281 · Court of Appeals for the Fifth Circuit · Dec 28, 2015

4 To overcome an official’s qualified immunity, a plaintiff must plead facts demonstrating “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of … Accordingly, Machete cannot establish that it had a clearly established right to these funds that Morales violated. See Ashcroft, 131 S. Ct. at 2080.

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.

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,”

Occupy Columbia v. Nikki Haley

738 F.3d 107 · Court of Appeals for the Fourth Circuit · Dec 16, 2013

In addressing Appellants’ qualified immunity arguments, the district court first agreed with Appellants “that it was not clearly established at the time … June 12, 2013) (denying qualified immunity for state officials and holding that “plaintiffs had a clearly established right to utilize the Plaza to engage in overnight protest activity”).

Liggins v. Reicks

District Court, N.D. Illinois · Jul 8, 2021

App’x 555, 558 (7th Cir. 2001) to argue that limited discovery is appropriate after the defense of qualified immunity is asserted. … See Crawford-El, 523 U.S. at 598 (stating that before allowing discovery, the district court should determine whether, assuming the truth of the plaintiff’s allegations, the official’s conduct violated clearly established

Coleman, Sidney v. Sperry, Sam

District Court, W.D. Wisconsin · Mar 15, 2024

Callahan, 555 U.S. 223, 231 (2009) (qualified immunity protects government officials from personal liability provided that “their conduct does not violate clearly established statutory or constitutional rights of which … Finally, once again, defendant Sperry is not entitled to qualified immunity on plaintiff’s malicious prosecution claim, since it was clearly established within this circuit by the time of the events in question, that no

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.

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.

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

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