Case law

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.

Nathaniel Brent v. Wayne Cnty. Dep't of Human Servs.

555 F. App'x 519 · Court of Appeals for the Sixth Circuit · Feb 6, 2014

Alternatively, they contend that the rights that the district court identified were not clearly established and, therefore, qualified immunity shields them. … But on a claim of qualified immunity, “[t]he plaintiff has the burden of establishing that the law was clearly established at the time of the challenged conduct.” Andrews v.

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.

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

Robison v. Department of Insurance, Finanical Institutions and Professional Registration

District Court, E.D. Missouri · Mar 1, 2022

In a claim brought under 42 U.S.C. § 1983, qualified immunity protects a government official from liability unless his conduct violated a clearly established constitutional or statutory right of which a reasonable person … [174], Plaintiff has not shown he has a “clearly established” constitutional or statutory right to be on the List.9 Pearson, 555 U.S. at 231 (explaining qualified immunity protects a government official from

Elston v. Collins

District Court, E.D. Missouri · Nov 15, 2019

Qualified Immunity “Qualified immunity shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would know … right was clearly established at the time of the violation.”

Villot v. Varner

465 F. Supp. 2d 439 · District Court, E.D. Pennsylvania · Nov 29, 2006

The “clearly established Federal law” which governs ineffective- assistance of counsel claims is the two-pronged standard set forth in Strickland v. … Taylor, 529 U.S. 362, 363 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (stating that the “Strickland test qualifies as ‘clearly established Federal law, as determined by the Supreme Court’ ”).

Watkins v. City of St. Louis, Missouri

District Court, E.D. Missouri · Sep 28, 2022

The Individual Defendants argue that they are entitled to qualified immunity. “Qualified immunity shields government officials from liability in a § 1983 action unless their Burnikel v. … to qualified immunity.

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.

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

Steven Manning v. Gary Miller, Federal Bureau of Investigation Agent, and Robert Buchan, Federal Bureau of Investigation Agent

355 F.3d 1028 · Court of Appeals for the Seventh Circuit · Jan 21, 2004

Similarly, Manning is able to meet the second prong of the qualified immunity test: his constitutional due process right was “clearly established” at the time he asserts it was violated. … established at that time, Agents Buchan and Miller cannot prevail on their qualified immunity claim.

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.

Harvey v. City of Galveston

District Court, S.D. Texas · Jul 17, 2025

Hanna, 726 F.3d 631, 638 (5th Cir. 2013) (qualified immunity requires alleging a violation of a clearly established constitutional right at the time of the conduct). … Because the complaint plausibly alleges facts supporting a violation of clearly established right under the Fourteenth Amendment, Roy is not entitled to qualified immunity at this stage.

Tanzin v. Tanvir

592 U.S. 43 · Supreme Court of the United States · Dec 10, 2020

By the time Congress enacted RFRA, this Court had interpreted the modern ver- sion of §1983 to permit monetary recovery against officials who violated “clearly established” federal law. E.g., Procu- nier v. … who flout clearly established law,” Tr. of Oral Arg. 42; see District of Co- lumbia v.

Monongalia County Commission A/K/A Monongalia County Sheriff's Department and John Doe Deputy v. Amanda F. Stewart, Individually and/or as Administrator of the Estate of John D. Stewart, Jr.

West Virginia Supreme Court · Nov 14, 2024

Code § 29-12A-5 (establishing immunities from liability). … Indeed, “It is well established that . . . common law qualified immunity [is] available only for the State, its agencies, officials, and/or employees.” Kent v.

Estate of De'Angelo Brown v. West

District Court, E.D. Arkansas · Mar 30, 2022

Andrews, 972 F.3d 1007 (8th Cir. 2020) (examining when a right is clearly established for qualified immunity analysis). Moore, 514 F.3d at 760. … Andrews, 972 F.3d 1007 (8th Cir. 2020) (examining when a right is clearly established for qualified immunity analysis).

Tabb v. District of Columbia

District Court, District of Columbia · Mar 19, 2009

immunity. … that right was clearly established — in either order).

Marina P. v. Arizona Department of Economic Security

214 Ariz. 326 · Court of Appeals of Arizona · Feb 20, 2007

To the extent findings are not adequately supported by the record, they are clearly erroneous. Grant v. Ariz. Pub. Serv. Co., 133 Ariz. 434, 456 , 652 P.2d 507, 529 (1982). B. … prevented Mother from parenting the children that Mother has substantially neglected or willfully refused to remedy. ¶30 Missing one visit and being late for two others fourteen months prior to the severance trial hardly qualifies

Hinshaw v. Smith

436 F.3d 997 · Court of Appeals for the Eighth Circuit · Jan 30, 2006

(internal marks omitted). 16 Qualified immunity protects public officials from personal liability under § 1983 when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The court held that the legislators, who were not the decisionmakers, were entitled to qualified immunity because there was no clearly established federal right for an individual "to prevent legislators from exercising their

Boles Et Al. v. Chavis

454 U.S. 907 · Supreme Court of the United States · Oct 13, 1981