Case law

Webb v. English

District Court, M.D. Florida · Sep 23, 2021

First, decisions at the district court level, like the one in Baker, are insufficient to clearly establish the law for purposes of a qualified immunity analysis. … Even so, in the context of qualified immunity, posed-but-undecided questions of constitutionality do not clearly establish a right.

Adedeji v. Hoder

935 F. Supp. 2d 557 · District Court, E.D. New York · Mar 27, 2013

Qualified immunity protects government officials from . civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … (2) “whether the right at -issue was ‘clearly established’ at the time of defendant’s alleged ¿misconduct.” .

Fisher v. Smith

District Court, W.D. Texas · Jan 27, 2023

Therefore, Fisher failed to establish a constitutional violation, and Dr. Smith is entitled to qualified immunity. … See Escobar, 895 F.3d at 393; Romero, 888 F.3d at 176 (holding that to avoid qualified immunity, plaintiff must show violation of constitutional right and right was clearly established at time of

Williams v. Indiana Department of Child Services

District Court, N.D. Indiana · Jul 9, 2019

The Seventh Circuit has found social workers are entitled to absolute and qualified immunity in various situations. Brokaw v. … clearly established”); Millspaugh v.

Steidl v. Fermon

494 F.3d 623 · Court of Appeals for the Seventh Circuit · Jul 18, 2007

established” constitutional law and preclude the defendants from proffering a qualified immunity defense. … II The Supreme Court has established a two-step analysis for assessing claims of qualified immunity. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Spahr v. Collins

District Court, D. Delaware · Dec 17, 2021

With respect to qualified immunity, “[u]nless 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 … To show that a right is “clearly established” for the purposes of qualified immunity, the Supreme Court has stressed the importance of case law that places the statutory or constitutional question at issue beyond debate

Starkey Ex Rel. AB v. BOULDER COUNTY SOC. SERV.

569 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jun 29, 2009

Even if they had violated one of the Starkeys’ constitutional rights (in which case BCDSS might be liable), they would be protected by qualified immunity if the constitutional right had not been clearly established at the … Qualified immunity, however, is available only in suits against officials sued in their personal capacities, not in suits against governmental entities or officials sued in their official capacities. See Beedle v.

Feis v. KING COUNTY SHERIFF'S DEPT.

165 Wash. App. 525 · Court of Appeals of Washington · Dec 19, 2011

resolution of a qualified immunity claim is essential." … established right so as to rebut the officers' assertion of qualified immunity.

Fasciana v. Electronic Data Systems Corp.

829 A.2d 160 · Court of Chancery of Delaware · Feb 27, 2003

As to these allegations, Fasciana is clearly being held to account for representations he made to third parties - Kidder and GECC - as an agent of EDS. … Notwithstanding the use of the term "escrow agent" it is clearly established that "[a]n escrow holder is not as such an agent of either party to the transaction until the event occurs which terminates the escrow relation.

Matson v. Hrabe

612 F. App'x 926 · Court of Appeals for the Tenth Circuit · May 22, 2015

Hrabe was entitled to qualified immunity because Mr. Matson failed to show a violation of a constitutional right that was clearly established at the time of action. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (discussing two-prong qualified-immunity test).

Parks v. Taylor

District Court, W.D. Oklahoma · Mar 23, 2022

Qualified immunity protects public officials from suit “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … For these reasons, and because “the right to be free from unduly tight handcuffing [is] ‘clearly established,’” Mr. Yerby is not entitled to qualified immunity at this stage.

Miller v. Power

District Court, D. Utah · May 7, 2025

Clearly Established Law As to the second prong of qualified immunity, it is Plaintiff’s burden to show that his rights in the circumstances were clearly established at the time of … established’ constitutional rights ‘of which a reasonable person would have known.’”165 This standard uses identical language as the standard for qualified immunity—“[t]o be considered clearly established, ‘[t]he contours

Baker v. Chaplin

517 N.W.2d 911 · Supreme Court of Minnesota · Jun 30, 1994

Id. at 396 , 109 S.Ct. at 1872 . 5 Many courts have found the law prohibiting excessive force to be clearly established *915 for qualified immunity purposes. See, e.g., Street v. … as asserted by the defendant, the defendant's actions violated clearly established law and are therefore not within the scope of the qualified immunity.

Board of Regents of State v. Snyder

826 So. 2d 382 · District Court of Appeal of Florida · Jul 19, 2002

Qualified immunity protects government actors performing discretionary functions from liability and suit for civil damages *390 unless their conduct violates clearly established federal statutory or constitutional rights. … Thus, qualified immunity in this case hinges upon whether Mr. Snyder's First Amendment right was clearly established.

Gary Orlowski v. Milwaukee County, Wisconsin

872 F.3d 417 · Court of Appeals for the Seventh Circuit · Sep 18, 2017

Defendants Not Entitled to Qualified Immunity The first question we must address is whether Alexander and Manns (“Defendants”) are entitled to qualified immun- ity. … Manns that could impact qualified immunity analysis.

Key v. Grayson

179 F.3d 996 · Court of Appeals for the Sixth Circuit · Jun 9, 1999

Overview 10 The defense of qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates "clearly established statutory … established prior to 1996 in order to preclude a finding of qualified immunity.

Public Citizen, Inc. v. Department of Justice and National Archives and Records Administration

111 F.3d 168 · Court of Appeals for the D.C. Circuit · Apr 22, 1997

The Presidential Records Act establishes an elaborate structure for the management of Presidential records. The United States retains ownership, possession and control. 44 U.S.C. § 2202 (1994). … The former President clearly qualifies as an expert on the implications of disclosure of Presidential records from his administration.

Blevins v. Hudson

489 S.W.3d 165 · Supreme Court of Arkansas · Apr 7, 2016

Qualified immunity shields government officials from liability for civil damages when they are performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … Thus, courts evaluating a claim of qualified immunity must determine whether the-plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of

Puglia v. Nienhuis

District Court, M.D. Florida · Mar 31, 2023

Qualified immunity protects government officials performing discretionary functions from being sued in their individual capacities unless their conduct violates a clearly established … immunity defense, the plaintiff bears the burden of proving the existence of a clearly established right.

Mark Bambach v. Gina Moegle

92 F.4th 615 · Court of Appeals for the Sixth Circuit · Feb 8, 2024

The court’s analysis of the state defendants’ qualified-immunity defense, however, failed to assess whether those constitutional rights were clearly established at the time of the violations. … clearly established law).