Case law

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

Fowler v. Batts

District Court, M.D. Tennessee · Nov 19, 2024

Qualified immunity protects government officials from civil damages “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’ … Evans, 90 F.4th 541, 548 (6th Cir. 2024) (the defendant is entitled to qualified immunity because the plaintiff’s cursory briefing makes no attempt to meet his burden of showing that the defendant violated his clearly

Sturm v. Ross

11 F. Supp. 2d 942 · District Court, S.D. Texas · Aug 10, 1998

Qualified immunity protects government officials from liability for conduct in the course of their official duties unless the alleged conduct violated clearly established law of which a reasonable public official would have … The Fifth Circuit has developed a two-step process for the examination of a claim of qualified immunity. The first inquiry is whether Plaintiff has alleged a violation of a clearly established constitutional right.

Ehsan Ouza v. City of Dearborn Heights, Mich.

Court of Appeals for the Sixth Circuit · Aug 5, 2020

Regarding the clearly established prong, we have repeatedly recognized—and Defendants do not contest—that “freedom from excessively forceful or unduly tight handcuffing is a clearly established right for purposes of qualified … Clearly Established Right As discussed above, a right is clearly established for purposes of overcoming the qualified immunity defense when existing precedent has “placed the statutory or constitutional question beyond

Dahl v. Weber

580 F.3d 730 · Court of Appeals for the Eighth Circuit · Sep 4, 2009

Ruling on defendants’ motion for summary judgment, the district court denied absolute immunity, granted Bloomberg and Dooley qualified immunity, and denied Weber qualified immunity for the period beginning with the admission … Discussion Qualified immunity protects public officials from damage liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Tripathy v. Lockwood

District Court, W.D. New York · Aug 29, 2024

Wright, 597 F.3d 532, 536 (2d Cir. 2010) (finding that the district court did not err in granting qualified immunity on the plaintiff’s RLUIPA claim where the right claimed by the plaintiff was not clearly established at … The case law provides that Defendants are entitled to qualified immunity on that claim as a matter of law.

Malley v. Briggs

475 U.S. 335 · Supreme Court of the United States · Mar 5, 1986

We reject both propositions and address first the absolute immunity issue. A Our general approach to questions of immunity under § 1983 is by now well established. … that the judicial process will on the whole benefit from a rule of qualified rather than absolute immunity.

Johnson v. Holms

District Court, D. Nevada · Mar 29, 2024

to be clearly established. … immunity. 8 The Court now turns to whether this right was clearly established.

Vigil v. Tweed

District Court, D. New Mexico · Jul 14, 2021

analysis (whether the law is clearly established). … Defendants violated clearly established law, the Court grants the County Defendants’ motion to dismiss Plaintiff’s federal constitutional claims on the basis of qualified immunity. II.

Patricia Thorsted Stephanie Thorsted v. Tim Kelly

858 F.2d 571 · Court of Appeals for the Ninth Circuit · Oct 3, 1988

Government officials performing discretionary functions are entitled to qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known … First, they contend that qualified immunity was unavailable to Kelly because it was clearly established that the fourth amendment prohibited arrests without probable cause and the use of unreasonable force by police.

Tuttle v. City Of Oklahoma City

728 F.2d 456 · Court of Appeals for the Tenth Circuit · Feb 28, 1984

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738-9 , 73 L.Ed.2d 396 (1982) (government officials "are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … immunity"); Pierson v.

Arriaga v. Dart

District Court, N.D. Illinois · Jan 29, 2021

Qualified immunity “protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of … To overcome a qualified immunity defense, plaintiff’s “allegations [must] make out a deprivation of a constitutional right,” and “the right at issue [must be] clearly established at the time of the defendant's

Henry Caraballo-Sandoval and Cree Carmen Caraballo v. R.E. Honsted

35 F.3d 521 · Court of Appeals for the Eleventh Circuit · Oct 14, 1994

Qualified immunity and stay of discovery Caraballo-Sandoval and Cooper contend that clearly established law extended the First Amendment right to freedom of association to visitation privileges. … Qualified immunity protects government official performing discretionary functions from civil liability if their conduct violates no clearly established statutory or constitutional rights. Courson v.

Powell v. Shelton

District Court, E.D. Missouri · Oct 19, 2020

Defendants Brown and Shelton are entitled to qualified immunity if their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Hayek, 488 F.3d at 1054-55 (upholding qualified immunity for fatal shooting).

Aska

District Court, N.D. Illinois · Jan 23, 2026

Although it’s true that qualified immunity provides “ample protection to all but the plainly incompetent or those who knowingly violate the law,” it is clearly established that use of excessive force during an arrest is … City of Albuquerque, 813 F.3d 912, 929 n.9 (10th Cir. 2015) (“A circuit split will not satisfy the clearly established prong of qualified immunity.”) with Williams v.

Gerald L. Naekel v. Department of Transportation, Federal Aviation Administration

850 F.2d 682 · Court of Appeals for the Federal Circuit · Jun 28, 1988

Naekel neither demonstrated that any statute, regulation or collective bargaining agreement mandated his promotion to these levels during the interim period, nor presented facts that would establish a clear entitlement to … Conversely, promotion and back pay are inappropriate if the employee would have been only one of several qualified candidates for the promotion, but the factual record did not clearly establish that the employee would have

John Everett Miller v. Herman Solem, Warden, South Dakota State Penitentiary, and Gay Krull

728 F.2d 1020 · Court of Appeals for the Eighth Circuit · Mar 22, 1984

generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … A prisoner has a “clearly established” Eighth Amendment right to be reasonably protected from known dangers of attacks by fellow inmates. Cline v. Herman, 601 F.2d 374, 375 (8th Cir.1979); Gullatte v.

Tammy D. Scarbrough v. Bryant Myles, Jr.

Court of Appeals for the Eleventh Circuit · Mar 29, 2001

Because Hall violated no clearly established 8 Our inquiry in qualified-immunity analysis is whether the government actor's conduct violated clearly established law and not whether an arrestee's conduct … In addressing discretionary-function immunity and qualified immunity, our court has stated that "[u]nder both Alabama law and federal law, the core issue is whether a defendant violated clearly established law."

Maldonado v. Rodriguez

932 F.3d 388 · Court of Appeals for the Fifth Circuit · Aug 6, 2019

As to the clearly-established prong of the qualified immunity analysis, the district court held that "the law was clearly established that the First Amendment protected their political support for [Rodriguez's opponent] unless … The district court explained Gunaca simply as a holding in favor of qualified immunity, in which the court did not reach the question of clearly established law.

Chambers v. Puff

District Court, N.D. Indiana · Sep 8, 2021

Lemmon, 911 F.3d 412, 419 (7th Cir. 2018) (finding waiver where plaintiff did not address the “clearly established” prong of qualified immunity in the district court). … What this argument ignores is the fact that qualified immunity is a question of law for the Court to decide; the existence of a clearly established right is not an issue for a jury. Brown v. Knapp, 156 F.