Case law

Hartje v. Federal Trade Commission

106 F.3d 1406 · Court of Appeals for the Eighth Circuit · Feb 13, 1997

Economou, 438 U.S. 478, 507 , 98 S.Ct. 2894, 2911 , 57 L.Ed.2d 895 (1978) (officials are entitled to qualified immunity unless actions knowingly violate a clearly established constitutional right). … Therefore, we agree with the district court that plaintiffs simply offered no evidence which would deny Rushkoff qualified immunity.

Weise v. Casper

507 F.3d 1260 · Court of Appeals for the Tenth Circuit · Nov 20, 2007

clearly established law. … violated a clearly established right.”). .

Landstrom v. Illinois Department of Children & Family Services

892 F.2d 670 · Court of Appeals for the Seventh Circuit · Jan 9, 1990

Contrary to plaintiffs’ contentions, Darryl H. does not supply the particularized, clearly established right required for individual defendants to lose their qualified immunity. … immunity because the conduct alleged does not violate any clearly established first amendment rights.

Rich v. City of Mayfield Heights

955 F.2d 1092 · Court of Appeals for the Sixth Circuit · Feb 4, 1992

Cureton, 882 F.2d 211, 215-16 (6th Cir.1989). 19 To determine if the defendant police officers' actions violated any clearly established constitutional rights such that they would not be entitled to rely on qualified immunity … We held that: 24 [T]he rights the district court cites as having been clearly established were not particularized rights as required by Anderson and, thus, were not sufficient to deny the defendants qualified immunity.

Martin v. O'Daniel

507 S.W.3d 1 · Kentucky Supreme Court · Sep 22, 2016

The officers were not entitled to dismissal of the malicious prosecution action on grounds of absolute immunity or qualified official immunity. … But, it is also a fact that defeats the defendant’s assertion of qualified official immunity.

Laviage v. Fite

47 F.4th 402 · Court of Appeals for the Fifth Circuit · Aug 29, 2022

Qualified immunity protects public officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … To overcome qualified immunity, the plaintiff must allege facts showing (1) the officer violated a constitutional right, and (2) “the right was ‘clearly established’ at the time of the challenged conduct.”

Gregg v. Ham

678 F.3d 333 · Court of Appeals for the Fourth Circuit · Apr 30, 2012

The defense of qualified immunity involves a two-step pro- cedure "that asks first whether a constitutional violation occurred and second whether the right violated was clearly established." Henry v. … Id. at 558.1 Noting the "essentially legal nature of the question of whether the right at issue was clearly established," we held that "the legal question of a defendant’s entitlement to qualified immunity under a particular

Wiers v. Barnes

925 F. Supp. 1079 · District Court, D. Delaware · May 3, 1996

are not shielded from liability under the doctrine of qualified immunity because the right to be free from excessive force had been clearly established; (4) defendants’ conduct gives rise to cognizable claims under state … There, plaintiff argued that qualified immunity could not apply to his case, because where the law is clearly established and proof of the elements of the plaintiff's prima facie case would defeat immunity, no qualified immunity

O'NEIL v. City of Iowa City, Iowa

496 F.3d 915 · Court of Appeals for the Eighth Circuit · Aug 10, 2007

The Supreme Court has clearly defined the qualified immunity analysis. … in their circumstances would not have known their actions violate clearly established law.”

D'Angelo v. Crofts

294 F. App'x 254 · Court of Appeals for the Ninth Circuit · Sep 19, 2008

D’Angelo’s reliance on the advice of non-defendants not to bother to take any actions indicative of an intent to establish residency because any reclassification petition would be futile does not establish unconstitutional … Because Appellants have not shown that the MUS has applied an irrebuttable presumption of non-residency, we do not reach the issue of qualified immunity. AFFIRMED.

Stephen Sjurset v. Charles Button

810 F.3d 609 · Court of Appeals for the Ninth Circuit · Dec 4, 2015

The law of qualified immunity 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 … This is because in Boyd we ultimately concluded that—despite the existence of a constitutional violation—the officers were entitled to qualified immunity because no clearly established law specifically precluded the use of

Jimerson v. Lewis

Court of Appeals for the Fifth Circuit · Feb 15, 2024

They saw a maroon vehicle parked in front of the _____________________ 2 A nonprecedential opinion “cannot be the source of clearly established law for qualified immunity analysis.” … In light of Hartsfield’s guidance interpreting the clearly established law in Garrison, the Jimersons rebutted Lewis’ assertion of qualified immunity. Our unpublished decision in Rogers v. Hooper, 271 F.

Bettie Smith v. City of Minneapolis

754 F.3d 541 · Court of Appeals for the Eighth Circuit · Jun 6, 2014

We elect to address the “clearly established” qualified-immunity prong at the outset here, because it is dispositive of the case. Harlow, 457 U.S. at 818. … As with the first encounter with Officer Devick alone, we choose to begin with the clearly established prong of the qualified-immunity analysis.

Community House, Inc. v. City of Boise, Idaho

623 F.3d 945 · Court of Appeals for the Ninth Circuit · Oct 6, 2010

reasonable and does not violate clearly-established federal rights. … ”; and (2) whether that right was clearly established.

Madden v. Town of Greene

36 Misc. 3d 852 · New York Supreme Court · Jun 29, 2012

between various acts afforded absolute and qualified immunity. … In this case, the Appellate Division held that defendant “did not establish its entitlement to qualified immunity as a matter of law for its highway planning decisions with regard to the original design and placement of the

Kevin Frazier v. Edward N. Bailey

957 F.2d 920 · Court of Appeals for the First Circuit · Feb 24, 1992

their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … unclear it may be that the particular action is a violation) violates a clearly established right.

Leyba v. Renger

114 N.M. 686 · New Mexico Supreme Court · Oct 6, 1992

We hold that the NMROIA abolished any common-law absolute immunity available to review organization participants prior to its enactment, establishing instead a qualified immunity. … The immunity, however, is not absolute, but qualified.

Lorenzo Oliver v. Debra Roquet

858 F.3d 180 · Court of Appeals for the Third Circuit · May 24, 2017

Government officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Sharp v. … That is, 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,” Mitchell v.

Gloria Taylor v. City of Milford

10 F.4th 800 · Court of Appeals for the Seventh Circuit · Aug 19, 2021

Qualified immunity “protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … When assessing a defendant’s assertion of qualified immunity, we ask: “whether the plain‐ tiff’s allegations make out a deprivation of a constitutional right, and whether the right was clearly established at the time of defendant

Pennington v. Metro Govt Nash

Court of Appeals for the Sixth Circuit · Jan 10, 2008

We also have no need to determine whether Bishop and Hagar are entitled to qualified immunity. See McKinley v. … of a clearly established right”) (emphasis in original).