Case law

Jackson v. Mercy Health Center, Inc.

64 O.B.A.J. 3587 · Supreme Court of Oklahoma · Nov 30, 1993

The Hospital was clearly within the Act’s protection when its personnel escorted the visitor out of the surgery area, seated him on the bed in the hallway, and then redirected their attention to the wife. … The Hospital was clearly responding to an apparent emergency that called for immediate action. THE COURT OF APPEALS’ OPINION IS VACATED AND THE TRIAL COURT’S JUDGMENT REINSTATED AND AFFIRMED.

Bonner v. Outlaw

552 F.3d 673 · Court of Appeals for the Eighth Circuit · Jan 9, 2009

The district court denied Outlaw qualified immunity, concluding Bonner alleged the violation of a clearly established constitutional right. … B Bonner’s right to receive notice his packages were rejected was clearly established. This Court “has taken a broad view of what constitutes ‘clearly established lav/ for the purposes of a qualified immunity inquiry.”

Aurea E. Vazquez Rios v. Rafael Hernandez Colon, Etc.

819 F.2d 319 · Court of Appeals for the First Circuit · May 20, 1987

Certainly, the law was not in any sense “clearly established” to the contrary. … , have granted the defendants’ motion for partial summary judgment on the basis of their qualified immunity.

Grigorescu v. Board of Trustees of the San Mateo County Community College District

District Court, N.D. California · May 24, 2024

“When the defendants are public officials asserting a qualified immunity 18 defense and the appealed issue is whether a given set of facts establishes that defendants violated 19 clearly established law,” the order … The 9 Ninth Circuit denied the principal qualified immunity, stating that the plaintiff’s “right to express 10 political views, even as a public school teacher, is clearly established.

Pitts v. United States

228 F. Supp. 3d 412 · District Court, E.D. Pennsylvania · Jan 6, 2017

Jones, 225 F.3d 468, 470 (4th Cir. 2000) (“Rule 41(e) does not contain a waiver of sovereign immunity.”); Pena v. … established Fourth Amendment rights”); Crawford v.

Texas Department of Public Safety and Steven McCraw in His Official Capacity as Director of the Texas Department of Public Safety v. Maria Luisa Mejia Sunuc, Individually and on Behalf of the Estate of Marcos Antonio Castro Estrada, and as Next Friend to L.M. and H.M., Minors

Texas Court of Appeals, 13th District · Feb 3, 2022

Alternatively, DPS argued that it could conclusively establish that its troopers were entitled to official immunity, thereby cloaking DPS in derivative immunity. See DeWitt v. … Harris, 550 U.S. 372, 378–81 (2007) (holding that video evidence can conclusively establish that an officer is entitled to qualified immunity from an excessive force claim). 5 DPS’s primary argument on appeal is that

Watson v. Cook

District Court, S.D. Texas · Aug 4, 2025

Once an officer pleads qualified immunity, the plaintiffhas the burden to establish that the officer violated the plaintiff s clearly established federal rights. Jd. at 1088. “This is a demanding standard.” … City of Palestine, 333 F.3d 621, 623 (Sth Cir. 2003) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”’).

Lees v. CDCR/SVSP-LVN Singsong

District Court, N.D. California · Sep 29, 2022

To determine whether an 1 violated a constitutional right, and (2) that right was clearly established at the time of the incident. 2 Pearson, 555 U.S. at 232. … City of Anaheim, 11 343 F.3d 1052, 1061 (9th Cir. 2003) (denying qualified immunity because it is clearly established 12 that crushing an arrestee on ground despite his repeated cries for air and despite fact that his

Sammye R. Holloway v. Sally Brush Clermont County, Ohio

220 F.3d 767 · Court of Appeals for the Sixth Circuit · Jul 31, 2000

“[T]he actions of-a prosecutor are not absolutely immune merely because they are performed by a prosecutor. Qualified immunity represents the norm.... … Even if such motivations could legitimate Brush’s actions, it would be through qualified immunity, not absolute immunity, and she has not claimed qualified immunity.

Troy K. Scheffler v. Jack Molin

743 F.3d 619 · Court of Appeals for the Eighth Circuit · Feb 25, 2014

Molin argued that Scheffler’s constitutional rights had not been violated and that, regardless, the defense of qualified immunity applied. … When the defense of qualified immunity has been asserted, we evaluate both whether the defendant violated the plaintiff’s constitutional rights and whether those rights were clearly established. Chambers v.

Anne Marie Gennusa v. Brian Canova

748 F.3d 1103 · Court of Appeals for the Eleventh Circuit · Apr 8, 2014

Canova were not protected by qualified immunity. Det. Marmo and Sgt. … The district court also denied qualified immunity to Det. Marmo and Sgt. Canova.

Manna v. Cribari

District Court, D. Colorado · Jan 27, 2020

Early last year, the Supreme Court issued an opinion addressing the “clearly established” prong of a qualified immunity defense for a Fourth Amendment claim, in which the Court re- emphasized that “the clearly established … district court to rebut qualified immunity” and “[b]ecause Plaintiffs did not proffer clearly established authority that Ms.

McCoy (ID 76894) v. Aramark Correctional Services

District Court, D. Kansas · Feb 16, 2024

This right likely does not exist, and certainly is not clearly estab- lished, so qualified immunity requires dismissal. See Pearson v. … Coats and Zmuda are therefore enti- tled to qualified immunity. See, e.g., Stewart v.

DOWNS v. BOROUGH OF JENKINTOWN

District Court, E.D. Pennsylvania · Aug 10, 2020

“The test for qualified immunity is objective.” Beers-Capitol v. Whetzel, 256 F.3d 120, 142 n.15 (3d Cir. 2001). … Litig., 49 F.3d 945, 961 (3d Cir. 1995) (“[I]f the law was established clearly, the official still may obtain qualified immunity if he claims ‘extraordinary circumstances and can prove that he neither knew nor should have

Boysen v. Peacehealth

District Court, D. Oregon · Aug 19, 2024

Defendants in a Section 1983 action are entitled to qualified immunity from damages for civil liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … For purposes of qualified immunity, “[a] right is clearly established when it is sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” Rivas-Villegas v.

Wahad v. Federal Bureau of Investigation

813 F. Supp. 224 · District Court, S.D. New York · Jan 29, 1993

Lott counters the Bivens , claim by arguing that he is entitled to a qualified immunity defense. … On a summary judgment motion based on qualified immunity grounds, the Court is to determine the law applicable to the claim, whether it was clearly established at the time of the action, and if Defendant should have known

Hopps v. City of Tampa

District Court, M.D. Florida · Jul 24, 2025

“In assessing qualified immunity at the motion to dismiss stage, ‘the qualified immunity inquiry and the Rule 12(b)(6) standard become intertwined.’” Aguirre-Jarquin v. … See Wilson, 54 F. 4th at 660 (“[I]t is not necessary to decide both prongs [of the qualified immunity analysis] where it is plain that the right is not clearly established.”).

Oldson v. Burnett

District Court, E.D. Kentucky · Feb 14, 2024

Lucas Cnty., 799 F.3d 530, 539–42 (6th Cir. 2015) (determining that a supervisor did not enjoy qualified immunity after finding that the right violated by the excessively forceful subordinates was clearly established). … violated clearly established law.’”

Magnolia Island Plantation v. Whittington

29 F.4th 246 · Court of Appeals for the Fifth Circuit · Mar 21, 2022

That party—in this case, Lollar— must then show that (1) the “official’s conduct violated a constitutional right” of the opponent of immunity, and (2) “the right was clearly established at the time of the violation … Here, we need not examine the “clearly established” prong, because Lollar has failed to meet her burden of showing a constitutional violation. 5 Case: 20-30805 Document

Kounelis v. Sherrer

529 F. Supp. 2d 503 · District Court, D. New Jersey · Jan 3, 2008

Thus, having found that the alleged facts established the violation of a constitutional right and that the constitutional right was clearly established, the Court denied qualified immunity to Sergeants James and Perez. … established at the time of the alleged violation, the Court has limited its qualified immunity analysis to Kounelis's excessive force claim. 12 .