Case law

Fogarty v. Gallegos

523 F.3d 1147 · Court of Appeals for the Tenth Circuit · Apr 18, 2008

On appeal, defendants argue that they are entitled to qualified immunity on both counts because Fogarty’s evidence falls short of establishing a deprivation of a clearly established constitutional right. … they violated was clearly established.

Bunting v. Mellen

541 U.S. 1019 · Supreme Court of the United States · Apr 26, 2004

immunity. … The Court of Appeals concluded that Bunting is entitled to qualified immunity, id., at 376, and respondents have not challenged that ruling.

Torchinsky v. Siwinski

942 F.2d 257 · Court of Appeals for the Fourth Circuit · Aug 9, 1991

A. 12 The basic purposes of qualified immunity bear repeating. … This objective test involves an inquiry into whether a government official has violated "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.

White v. City Of Markham

310 F.3d 989 · Court of Appeals for the Seventh Circuit · Nov 13, 2002

Qualified Immunity 7 The plaintiffs contend that the district court erred in dismissing the claims against Officer Muldrow and Chief Lymore based on qualified immunity. … The plaintiffs bear the burden of establishing the existence of a clearly established constitutional right. See Rakovich v.

Lee v. Mihalich

847 F.2d 66 · Court of Appeals for the Third Circuit · May 17, 1988

In furtherance of these policies, the discriminant for qualified immunity focuses on the objective legal reasonableness of an official’s acts under law which has been clearly established at the time he acts. … A government official will be denied qualified immunity for having violated a clearly established right when “in the light of preexisting law the unlawfulness [is] apparent.” Anderson, 107 S.Ct. at 3039 .

Eric Morillo v. Monmouth County Sheriff's

222 N.J. 104 · Supreme Court of New Jersey · Jul 13, 2015

Qualified immunity shields officials performing discretionary functions from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Ed. 2d at 866- 67 (reiterating that qualified immunity protects public officials from suit for violations of clearly established statutory or constitutional rights unless action was plainly incompetent or knowing violation

Sockwell v. Town of Calhoun City

District Court, N.D. Mississippi · Aug 5, 2019

Thomas, 843 F.3d 172, 177 (5th Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right and, if so, (2) whether

Doe v. Oregon State University

District Court, D. Oregon · Jul 13, 2022

Additionally, the Court is unaware of any case indicating a district court opinion alone, without at least some appellate court precedent, qualifies as clearly established precedent in the qualified immunity context. … Because Plaintiff has failed to demonstrate a clearly established property interest in his continued enrollment at OSU, the individual Defendants are entitled to qualified immunity.

Moulton v. Prosper

District Court, S.D. Florida · Sep 11, 2019

To overcome the qualified immunity defense, a plaintiff must show that the officer deprived him of a constitutional right that was “clearly established” at the time of the alleged offense. See Saucier v. … To circumvent the Defendant’s entitlement to qualified immunity, the Plaintiff therefore bears the burden of establishing that the officers violated his “clearly established” constitutional right to be free from the

In re Masterson

503 S.W.3d 412 · Court of Criminal Appeals of Texas · Jan 15, 2016

(explaining that “ ‘an issue of first impression can sometimes qualify for mandamus relief when the factual scenario has never been, precisely addressed but the principle of law has been clearly established’ ”) (quoting In … Weeks, 391 S.W.3d 117, 122 (Tex.Crim.App.2013)), ■ To establish the second of the two requirements for obtaining a writ of prohibition, a relator must demonstrate the absence of an adequate remedy at law.

Eugene F. Assaf v. George C. Fields Gary E. Crowell

178 F.3d 170 · Court of Appeals for the Third Circuit · May 19, 1999

Nonetheless, it held that the defendants were entitled to qualified immunity because it was not clearly established that Assaf could not be fired for political reasons. See id. at 633. III. … to qualified immunity.

Bass v. Richards

308 F.3d 1081 · Court of Appeals for the Tenth Circuit · Aug 14, 2002

It is subject to appeal, however, when the defendants are public officials asserting a qualified immunity defense and the appealed issue is whether a given set of facts establishes that defendants violated clearly established … Instead, Appellants argue that they are entitled to qualified immunity because Bass’ right to affiliate himself with Vorhies, an unannounced candidate, was not clearly established at the time his commission was removed.

Suasnavas v. Stover

196 F. App'x 647 · Court of Appeals for the Tenth Circuit · Aug 25, 2006

court’s denial of qualified immunity. … “[W]here the right is clearly established, a defendant should only rarely be able to succeed with a qualified immunity defense.” Id. (internal quotation marks omitted). Gomes, 451 F.3d at 1134-35. D.

Sommer Richards v. Lvmpd

Court of Appeals for the Ninth Circuit · Apr 14, 2023

immunity is raised, plaintiff bears the burden of demonstrating that alleged right was clearly established). … Because Richards has not established that the alleged right in this case was clearly established at the time of her encounter with Wills, Wills is entitled to summary judgment on the basis of qualified immunity.2 2

Connelly v. Hall

District Court, S.D. Florida · Apr 15, 2025

Once qualified immunity is raised by a defendant, and it is established that the government official was acting within his/her discretionary authority, the burden shifts to the plaintiff to show that qualified immunity … Therefore, Defendants are entitled to qualified immunity and the Court need not address whether the law was clearly established. IV.

Williams v. Zachary

District Court, N.D. Mississippi · Aug 27, 2021

Thomas, 843 F.3d 172, 177 (5th Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established

Arthur Clark Melissa Clark v. Earl Link R.E. Combs, and Charles Britt Fredrickia Britt Frank Stanley

855 F.2d 156 · Court of Appeals for the Fourth Circuit · Aug 16, 1988

Since the issue in this appeal is the validity of the deputies’ plea of qualified immunity, we consider first the principles governing qualified immunity. We take it as clearly established that under Malley v. … by showing that those rights were clearly established at the time of the conduct at issue.

(PC) Dawson v. Lynch

District Court, E.D. California · Aug 19, 2022

It is unclear from the allegations 19 that plaintiff qualifies for a medical order for single-cell status and, regardless, the complaint 20 establishes that custody staff has determined that plaintiff qualifies for single-cell … Robinson, 817 F.3d 1162, 1169 (9th Cir. 2016) (statutory 27 language permits sua sponte, pre-service dismissal on grounds of qualified immunity as well as 28 absolute immunity).

Birbiglia v. Saint Vincent Hospital, Inc.

427 Mass. 80 · Massachusetts Supreme Judicial Court · Mar 16, 1998

Geltman, 406 Mass. 811, 816-817 [1990]) would not be thereby shown to have failed to qualify for immunity. … The specific intent that would be required to establish that the action of the board violated any duty of good faith and fair dealing cannot be established by aggregating the knowledge of all hospital employees acting within

Jones v. Pollard

District Court, S.D. California · Mar 9, 2022

“Government officials enjoy qualified immunity from civil damages 21 unless their conduct violates ‘clearly established statutory or constitutional rights of 22 which a reasonable person would have known.’” … Second, 27 the Court must determine whether the right was clearly established.