Case law

McCormick v. Hall

District Court, W.D. Virginia · Sep 8, 2022

qualified immunity. … Because Plaintiff has pleaded a plausible violation of a right clearly established at the time of the incident, Hall is not entitled to qualified immunity at this stage.

Walter v. Pike County, Pa.

544 F.3d 182 · Court of Appeals for the Third Circuit · Sep 18, 2008

violated clearly established law.” … at issue — in the case of qualified immunity, whether that set of facts is “sufficient to establish a violation of a clearly established constitutional right.”

Jarvis v. City of Daytona Beach

District Court, M.D. Florida · Oct 23, 2024

A district court’s order denying the defense of qualified immunity is an immediately appealable order within the meaning of 28 U.S.C. § 1291. Mitchell v. … Until the Eleventh Circuit determines whether the relevant law was clearly established, Defendants should not be subjected to trial.

(PC) Petillo v. Jasso

District Court, E.D. California · Jan 24, 2023

If the law 18 did not put the officer on notice that his conduct would be clearly unlawful, summary judgment 19 based on qualified immunity is appropriate. … Willden, 26 678 F.3d 991, 1000 (9th Cir. 2012) (qualified immunity analysis requiring (1) determining the 27 contours of the clearly established right at the time of the challenged conduct and (2) examining 1

Garnett v. Undercover Officer C0039

Court of Appeals for the Second Circuit · Sep 30, 2016

Qualified immunity is unavailable where,  22 as here, the action violates an accused’s clearly established constitutional  23 rights, and no reasonably competent police officer could believe otherwise.   … In Ricciuti, the panel held that fabrication of evidence  13 violated a “clearly established constitutional right[]” and thus the officers were  14 not entitled to qualified immunity. 

Matthews v. Foss

District Court, N.D. California · Aug 6, 2024

Saucier, 25 533 U.S. at 202. 26 A court considering a claim of qualified immunity must determine whether the 1 was clearly established such that it would … , 533 U.S. at 194); Henry A., 678 F.3d at 1000 (qualified immunity analysis 6 requiring (1) determining the contours of the clearly established right at the time of the 7 challenged conduct and (2) examining whether

Joanne Joyce, Individually and as of the Estate of James D. Joyce v. Town of Tewksbury, Massachusetts, John R. MacKey Alfred Donovan and Robert Budryk

112 F.3d 19 · Court of Appeals for the First Circuit · Apr 29, 1997

Because qualified immunity turns primarily on an appraisal of existing case law, oral argument has been deemed unnecessary. … But the en banc court is agreed that qualified immunity applies, and there is less consensus about the underlying constitutional issue.

Harris v. The City of Texico

District Court, D. New Mexico · Mar 7, 2023

Qualified Immunity Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … violation was clearly established.

Hanson v. Blaine County

District Court, D. Idaho · Sep 19, 2019

Defendants stress that Escondido reiterated that for purposes of qualified immunity, “the clearly established right must be defined with specificity” and “repeat[ed] its holding from Kisela [v. … Defendants believe that the Court “needed to identify cases with particularized facts to show that the Defendants’ acts were clearly unlawful” to deny them qualified immunity at the summary judgment stage.

2

Court of Appeals for the Second Circuit · Sep 30, 2016

Qualified immunity is unavailable where,  22 as here, the action violates an accused’s clearly established constitutional  23 rights, and no reasonably competent police officer could believe otherwise.   … In Ricciuti, the panel held that fabrication of evidence  13 violated a “clearly established constitutional right[]” and thus the officers were  14 not entitled to qualified immunity. 

Melville v. Southward

14 Brief Times Rptr. 608 · Supreme Court of Colorado · May 14, 1990

Hogan, 292 Or. 154 , 637 P.2d 114 (1981) (orthopedic surgeons were properly qualified to testify on standard of care for podiatric surgery where foundation evidence established that orthopedic and podiatric procedure, practice … Clearly, when a proper foundation establishes that the expert witness, by reasons of knowledge, skill, experience, training, or education, is so substantially familiar with the standard of care applicable to the defendant

Kompare v. Stein

801 F.2d 883 · Court of Appeals for the Seventh Circuit · Sep 4, 1986

violate clearly established rights. … Any doubt as to whether the prosecution was without probable cause must be *892 resolved in favor of the defendant because she has qualified immunity unless she violated a clearly established right.

DeNigris v. New York City Health & Hospitals Corp.

861 F. Supp. 2d 185 · District Court, S.D. New York · Mar 9, 2012

Qualified Immunity Defendants contend that Defendant Frisch is entitled to qualified immunity in her individual capacity. … Accordingly, a grant of qualified immunity is wholly inappropriate at this stage of the proceedings. *197 III.

Salahuddin v. Goord

467 F.3d 263 · Court of Appeals for the Second Circuit · Oct 27, 2006

The doctrine of qualified immunity 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 would … Summary judgment on the basis of qualified immunity is not appropriate because it was clearly established law at the time of the alleged violations that religious exercise may not be denied without any reason.

ZISA v. HAVILAND

District Court, D. New Jersey · Mar 31, 2020

Haviland does not address whether his alleged constitutional harm violated a clearly established right. “[T]he burden of pleading a qualified immunity defense rests with the defendant.” Thomas v. … App’x 373, 378-79 (3d Cir. 2004) (“To the extent the Supervisory Defendants fail to address the issue [of whether a right was clearly established], therefore, their claim for qualified immunity fails ipso facto.”).

Amburgey v. Doe

District Court, W.D. Kentucky · Apr 20, 2023

For the same reason, Trebuna is entitled to qualified immunity from suit. See Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S. Ct. 2806, 2815, 86 L. … Ed. 2d 411 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”).

Germaine Smart v. COII Ronald England

Court of Appeals for the Eleventh Circuit · Feb 16, 2024

He found that qualified immunity barred Smart’s complaint because no clearly established law pro- hibited the officials from disciplining Smart. … Defendants cannot benefit from the shield of qualified immunity by arguing the law was not clearly established.

Michael v. State

115 P.3d 517 · Alaska Supreme Court · Jun 9, 2005

Applying the clearly erroneous standard of review, the court of appeals affirmed the superior court’s rejection of Michael’s proposed mitigating factors. … ’s rejection of Michael’s proposed mitigating factors under a clearly erroneous standard.

Millbrook v. Spitz

District Court, D. Colorado · Sep 23, 2019

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

Blouin ex rel. Estate of Pouliot v. Spitzer

356 F.3d 348 · Court of Appeals for the Second Circuit · Feb 2, 2004

The court did, however, determine that they were entitled to qualified immunity, because “plaintiff has failed to allege a violation of a clearly established right. … Qualified Immunity We now consider qualified immunity, which shields a government official acting in an official capacity from suit for damages under § 1983 unless the official “violated clearly established rights of which