Case law

Blanton v. Kooser

District Court, D. Kansas · May 30, 2024

Kooser and Huffman invoke qualified immunity in response to Blanton’s claim. Doc. 18 at 6, 10. Qualified immunity attempts to bal- ance competing interests. … If she states a constitutional claim, the next question is whether the law was clearly established. Discerning whether the relevant legal rule was clearly established is a narrow and context-specific exercise.

Anderson v. California Department of Correction

District Court, N.D. California · Mar 14, 2022

Qualified Immunity 21 Defendant Ferguson argues that he is entitled to qualified immunity because he did not 22 violate Plaintiff’s Eight Amendment rights and because it … To determine whether an 11 officer is entitled to qualified immunity, the Court must consider whether (1) the officer’s conduct 12 violated a constitutional right, and (2) that right was clearly established at the time

Koch v. City of Del City

660 F.3d 1228 · Court of Appeals for the Tenth Circuit · Nov 2, 2011

established and thus the officer was entitled to qualified immunity. … We therefore do not need to reach the “clearly established” prong of qualified immunity to conclude that the district court correctly granted summary judgment in favor of Officer Beech. 4.

Arneson v. Jezwinski

206 Wis. 2d 217 · Wisconsin Supreme Court · Dec 20, 1996

Specifically, the circuit court judge found that Arne-son's due process rights were clearly established at the time of his suspension; therefore, Petitioners could not maintain a claim of qualified immunity. 3 The circuit … immunity turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time the action was taken."

Tucker v. Resha

610 So. 2d 460 · District Court of Appeal of Florida · Dec 30, 1992

Tucker asserted a claim of qualified immunity, which shields from civil liability those governmental officials performing discretionary functions, to the extent "their conduct does not violate clearly established statutory … The "objective reasonableness of an official's conduct" relating to the clearly established law is the proper standard, for "[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably

Young v. Gila Reg'l Med. Ctr.

495 P.3d 620 · New Mexico Court of Appeals · Jun 4, 2020

(2) the right was clearly established at the time of the [alleged] conduct.” … Clearly Established {19} Having found that Plaintiff has established a constitutional violation, we turn next to the question of whether the law prohibiting the search was clearly established at the time it was conducted

United States v. John Hardimon

700 F.3d 940 · Court of Appeals for the Seventh Circuit · Nov 7, 2012

The judge had already asked him whether he could think clearly, and he had said he could, which implies that he didn’t think his medications were affecting his ability to think clearly. … Not being a psychiatrist, the judge could not use dosage information to infer inability to think clearly.

Furlong v. Gardner

1998 Colo. J. C.A.R. 1302 · Supreme Court of Colorado · Mar 23, 1998

any clearly established right. … to support a violation of a clearly established law.”

SUMMERVILLE v. NEW JERSEY STATE TROOPERS JOHN DOES 1-10

District Court, D. New Jersey · Apr 8, 2022

Gregory was entitled to qualified immunity for the initial stop, while holding that DSFC Ciano was entitled to qualified immunity. … The second prong of qualified immunity asks whether the right at issue was so clearly established that the officer should have known that he or she was committing a constitutional violation under the circumstances.

Shreve v. Jessamine County Fiscal Court

453 F.3d 681 · Court of Appeals for the Sixth Circuit · Jul 7, 2006

Shreve has provided sufficient evidence of a violation of her clearly established constitutional right against the use of excessive police force in the course of arrest, and qualified immunity is not warranted under Saucier … Moreover, because Sixth Circuit case law supports Shreve’s right not to be struck and jumped on gratuitously, qualified immunity is not available for lack of a “clearly established” right. See Saucier, 533 U.S. at 200.

Freeman v. Horst

District Court, D. Colorado · Dec 14, 2023

Once a defendant has asserted a defense of qualified immunity, the burden shifts to the plaintiff, who must establish that (1) the defendant violated a constitutional right, and (2) the right was clearly established at … Larsen, the Tenth Circuit did not expressly discuss the federal doctrine of qualified immunity or whether it was clearly established that reckless driving could violate the Eighth Amendment of the United States Constitution

Elwood v. County of Rice

423 N.W.2d 671 · Supreme Court of Minnesota · May 6, 1988

The test for immunity became whether the officials’ conduct violated “clearly established statutory or constitutional rights of which a reason *675 able person would have known.” … The court of appeals found the officers were not entitled to qualified immunity because plaintiffs’ rights under the Fourth Amendment were clearly established at the time of the incident. Creighton v. City of St.

Kristeen Foote v. Nancy Berryhill

Court of Appeals for the Ninth Circuit · Jan 10, 2019

The CDIU search violated the Fourth Amendment, but the violation was not egregious because the unconstitutionality of the search was not clearly established as of February 2015, and no evidence—including footage of the … McMullen, 907 F.3d 1139, 1152–53 (9th Cir. 2018) (holding that a similar search violated the Fourth Amendment, but granting qualified immunity because it was not clearly established that the conduct was unconstitutional

Kevin McCourt v. Miguel Angel Delgado

241 W. Va. 495 · West Virginia Supreme Court · Apr 24, 2019

Under this standard, the petitioner officers contend they are entitled summary judgment based on qualified immunity because they did not violate any clearly established constitutional rights. … Under a qualified immunity analysis, we must determine whether the petitioner officers' alleged conduct violated a clearly established constitutional right.

Bergquist v. Milazzo

District Court, N.D. Illinois · Sep 28, 2021

In the absence of any clearly established precedent forbidding the officers from taking action under these circumstances, Defendants remain entitled to qualified immunity on Plaintiff’s Fourth Amendment claims. … Ways, 999 F.3d 478, 491 (7th Cir. 2021) (noting that a plaintiff overcoming a qualified immunity defense must show that the wrongfulness of the defendant’s conduct was clearly established).

the Estate of Emzie Allen, Gloria Brown, Ind., and on Behalf of All Wrongful Death Beneficiaries v. Polly Ryon Hospital Authority D/B/A Polly Ryon Memorial Hospital and Suklesh Dandona, M.D.

Texas Court of Appeals, 1st District (Houston) · Mar 3, 2005

purported expert is qualified. … that the person rendering the opinion . . . is a qualified medical expert.”)

Campbell v. Arizona, State of

District Court, D. Arizona · Feb 13, 2023

Cortez, 34 F.4th 783 (9th Cir. 2 2022) (granting motion to dismiss based on qualified immunity because plaintiffs failed to 3 show law was so clearly established that no reasonable person in defendants’ position could … To determine whether 21 qualified immunity applies, courts must consider whether (1) the government official 22 violated the plaintiff’s constitutional right and (2) whether that right was clearly established 23

Dr. Doe v. Board of Dental Practice

2026 ME 27 · Supreme Judicial Court of Maine · Mar 17, 2026

in their personal capacities are barred by qualified immunity. … The individual defendants are alternatively entitled to qualified immunity for the § 1983 claim because there was no clearly established right. [¶23] “Qualified immunity is meant to protect government officials

Fitts v. Witkowski

920 F. Supp. 679 · District Court, D. South Carolina · Mar 28, 1996

Qualified Immunity Finally, Defendants argue that they are entitled to qualified immunity as a matter of law. … As the foregoing analysis suggests, that issue is still not “clearly established.”

Blankenship v. Louisville-Jefferson County Metro Government, Kentucky

District Court, W.D. Kentucky · Mar 21, 2024

clearly established at the time of the arrest.” … Mich. 2015) (holding defendant did not adequately raise qualified immunity because he “must do more than quote legal standards on what counts as clearly-established law” when “[h]e merely quote[d] standards governing the