Case law
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Dawn Case v. Kitsap County Sheriff's Department
249 F.3d 921 · Court of Appeals for the Ninth Circuit · May 9, 2001
In determining whether the deputies are entitled to qualified immunity, we must ask two questions: (1) Was the law governing the officer's conduct clearly established? … Where, as here, the law is clearly established and officers cannot claim to have been reasonable in failing to comply, qualified immunity cannot be granted.
Cited 1 timesPublishedDistrict Court, S.D. Indiana · Oct 18, 2022
"A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right." Dockery v. … A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor
Cited 0 timesUnknownCourt of Appeals for the Ninth Circuit · Mar 2, 2020
that the official has violated was clearly established at the time of the violation.” … See Shafer, 868 F.3d at 1117 (holding that qualified immunity applies if no clearly established law exists on the issue); see also White v. Pauly, 137 S.
Cited 0 timesUnpublishedRondigo, L.L.C. v. Township of Richmond
641 F.3d 673 · Court of Appeals for the Sixth Circuit · Jun 1, 2011
P. 12(b)(6), so we review an assertion of qualified immunity to determine only whether the complaint ‘adequately alleges the commission of acts that violated clearly established law.’” (quoting Mitchell v. … When the qualified immunity defense is raised at the pleading stage, the court must determine only whether the complaint “adequately alleges the commission of acts that violated clearly established law.”
Cited 498 timesPublishedDeaullandy Coleman v. Sergeant Jones
Court of Appeals for the Fourth Circuit · Jun 17, 2022
Nevertheless, the court went on to grant summary judgment to the defendant prison officials on qualified immunity grounds, holding that they had violated no “clearly established” right. … See, e.g., Wall, 741 F.3d at 502 (explaining that right to religious dietary accommodations in prison is “clearly established” for qualified immunity purposes); Lovelace v.
Cited 0 timesUnpublishedRonald Mendoza v. Sherman Block, Los Angeles County
27 F.3d 1357 · Court of Appeals for the Ninth Circuit · May 31, 1994
“[W]hen qualified immunity is at stake, [however], a court must first determine whether the law has been clearly established.” Romero, 931 F.2d at 628 . … Objective Reasonableness If the law governing an official’s conduct is clearly established, qualified immunity is available if a reasonable official could have believed the conduct at issue was lawful under that clearly established
Cited 232 timesPublishedPeggy Kelley v. Mark Myler, Gene Patrick, Ralph Bell and Hurricane Foods, Inc.
149 F.3d 641 · Court of Appeals for the Seventh Circuit · Jul 13, 1998
The court also found that because the arrest was reasonable, the officers did not violate any clearly established constitutional rights, and thus were entitled to qualified immunity for their actions. … Whether a defendant is entitled to a qualified immunity defense depends on the objective legal reasonableness of the defendant’s actions assessed in light of clearly established law.
Cited 162 timesPublishedDistrict Court, S.D. Indiana · Jun 27, 2022
To determine whether the Officers are entitled to qualified immunity, the Court must determine whether as of September 13, 2019, the law had clearly established that a police officer violates an arrestee's Fourth Amendment … As Plaintiffs note, in 2017, the Seventh Circuit clearly established that an officer's failure to take any action in light of a detainee's serious medical need precludes qualified immunity. 872 F.3d at 460.
Cited 0 timesUnknownJoseph Siefert v. Hamilton Cty. Bd. of Comm'rs
951 F.3d 753 · Court of Appeals for the Sixth Circuit · Mar 3, 2020
And, at the very least, Defendants argue, the Sieferts’ due process rights were not clearly established, so qualified immunity blocks this lawsuit. … Even so, could this all be “clearly established” to get around qualified immunity? This standard extends broadly to “all but the plainly incompetent or those who knowingly violate the law.” District of Columbia v.
Cited 136 timesPublished23 F.3d 642 · Court of Appeals for the Second Circuit · Apr 28, 1994
Qualified Immunity As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe … In the pending case, the District Court ruled as a matter of law that the defendants were not entitled to qualified immunity because “the law [was] clearly established” and “no reasonable officer would believe that the [defendants
Cited 211 timesPublishedBlackwell-Esters v. City of Detroit
District Court, E.D. Michigan · Mar 14, 2025
conduct was ‘clearly established at the time.’” … App’x 437, 447 (6th Cir. 2011) (holding defendants waived arguments as to “clearly established” prong where defendants’ qualified immunity argument was a “one-and-a-half page statement of the law with no attempt
Cited 0 timesUnknownBlaylock v. City of Philadelphia
504 F.3d 405 · Court of Appeals for the Third Circuit · Oct 1, 2007
a violation of a clearly established constitutional right.”) … According ly, the defendants are entitled to qualified immunity here “if a reasonable officer could have believed that probable cause existed” to arrest Andre Blaylock “in light of clearly established law and the information
Cited 98 timesPublished145 F.3d 1078 · Court of Appeals for the Ninth Circuit · May 28, 1998
Qualified Immunity All of the individual defendants claim that they are entitled to qualified immunity. … Government officials are given qualified immunity from civil liability under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have
Cited 105 timesPublished328 F.3d 1230 · Court of Appeals for the Tenth Circuit · Apr 29, 2003
At the same time, where the right is clearly established, a defendant should only “rarely” be able to succeed with a qualified immunity defense. 27 V-1 Oil Co. v. … principle was “clearly established.”
Cited 86 timesPublishedDistrict Court, D. Colorado · Mar 10, 2026
Rocha’s constitutional rights in violation of clearly established law. See Pahls v. … - immunity analysis, where we ask whether a clearly established constitutional right has been violated.”)
Cited 0 timesUnknownDistrict Court, E.D. Missouri · May 18, 2026
Although Pack fails to plausibly allege that Officer Katterhenry or Officer Eder violated his rights, he fares still worse in attempting to show a violation of clearly established rights. … Quick, 909 F.3d 983, 985 (8th Cir. 2018) (noting a police officer is entitled to qualified immunity unless his “conduct violated a clearly established constitutional or statutory right of which a reasonable
Cited 0 timesUnknown486 F. App'x 642 · Court of Appeals for the Ninth Circuit · Oct 16, 2012
The district court properly granted summary judgment on the basis of qualified immunity on Dukes’s pepper spray decontamination claim because it would not have been clear to reasonable prison officials in defendants’ position … Callahan, 555 U.S. 223, 231 (2009) (an official is entitled to qualified immunity if the “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (citation
Cited 0 timesUnpublishedDistrict Court, D. Colorado · Dec 14, 2022
Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Alternatively, defendants claim that there was arguable probable cause for plaintiff’s arrest and that plaintiff’s claims should be dismissed under the clearly established prong of the qualified immunity analysis.
Cited 0 timesUnknown45 F.3d 790 · Court of Appeals for the Fourth Circuit · Feb 2, 1995
The term "clearly established" has an acquired meaning referencing qualified immunity, with its focus on law at the time of the challenged conduct. … interest may make it more difficult to find the law 'clearly established' when assessing claims of qualified immunity."); Borucki v.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Apr 27, 2021
We reverse the denial of qualified immunity on Tobias’s Fourteenth Amendment substantive due process claim because it was not clearly established that the abusive TOBIAS V. … Defendants fail to establish their entitlement to qualified immunity is ‘beyond controversy.’”
Cited 0 timesPublished
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