Case law

Barnes v. Harling

368 F. Supp. 3d 573 · District Court, W.D. New York · Mar 18, 2019

"Qualified immunity insulates public officials from claims for damages where their conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable person would have known.' " Defore … Accordingly, the Court finds the relevant law as to the SHU lighting conditions was not clearly established at the time of Plaintiff's incarceration at the Monroe County Jail, and Defendants are entitled to qualified immunity

Rick Plemmons v. J.T. Roberts, Pulaski County Sheriff the County of Pulaski, Missouri Ronald Jones Michael Gibbens

439 F.3d 818 · Court of Appeals for the Eighth Circuit · Mar 3, 2006

The doctrine of qualified immunity protects governmental officials from civil liability when “ ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … was one of clearly established law.

Jorge Rico v. Clark Ducart

980 F.3d 1292 · Court of Appeals for the Ninth Circuit · Nov 20, 2020

the Guard One system. 7 The district court denied qualified immunity to the remaining nine defendants, finding that Rico had a clearly established right to be free from sleep deprivation caused by excessive noise. … a clearly established right.

Constantine v. Rectors and Visitors of George Mason University

411 F.3d 474 · Court of Appeals for the Fourth Circuit · Jun 13, 2005

In the qualified-immunity context, the Supreme Court has stressed "the importance of resolving immunity questions at the earliest possible stage in litigation." Saucier v. … GMU waived whatever Eleventh Amendment immunity it had when it accepted federal funds under a statute that clearly and unambiguously conditioned receipt of such funds on a waiver of immunity.

Irish v. State of ME

849 F.3d 521 · Court of Appeals for the First Circuit · Mar 1, 2017

come away understanding that it [wa]s not a clearly established violation of Ms. … Lewis, 648 F.3d 24, 32 (1st Cir. 2011) (qualified immunity protects officers from liability "insofar as their conduct does not violate clearly established . . . constitutional rights of which a reasonable

MACK v. AVERTEST, LLC

District Court, E.D. Pennsylvania · Apr 28, 2020

Darrah would be entitled to qualified immunity if reasonable officials in her position “could have believed, in light of clearly established law, that their conduct comported with established legal standards.” … Supp. at 335 (“A qualified immunity only protects defendants if it can be shown that they did not violate any clearly established constitutional or statutory rights of which a reasonable person would have known.”

Greg Moore v. Sean Garnand

83 F.4th 743 · Court of Appeals for the Ninth Circuit · Sep 29, 2023

Because Plaintiffs fail to show that Defendants’ conduct violated clearly established law, Defendants are entitled to qualified immunity on the First Amendment claims. … “[I]n the absence of binding precedent, we look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes . . . .” Id.

SWEENEY v. MULL

District Court, S.D. Indiana · Jan 11, 2022

Fletcher, 522 U.S. 118, 129–31 (1997) (prosecutor entitled to absolute immunity for preparing and filing documents, but not for personally swearing to the truth of facts establishing probable cause, which was the function … Litscher, 267 F.3d 648, 651–52 (7th Cir. 2001) (dismissal at pleading stage on qualified immunity grounds is often inappropriate because qualified immunity "usually depends" on the facts of the case).

Rockford Life Insurance v. Illinois Department of Revenue

482 U.S. 182 · Supreme Court of the United States · Jun 8, 1987

Davis is clearly lacking, and its absence is critical in view of the purposes behind the intergovernmental tax immunity doctrine. … H — < 1 — i A court must proceed carefully when asked to recognize an exemption from state taxation that Congress has not clearly established.

Gawloski v. Dallman

803 F. Supp. 103 · District Court, S.D. Ohio · Mar 16, 1992

QUALIFIED IMMUNITY Prison officials performing discretionary duties are entitled to qualified immunity if their actions do not violate clearly established constitutional law of which a reasonable prison official would have … Once a defendant raises a qualified immunity argument in a motion for summary judgement, a plaintiff must satisfy a two prong test: “First, the allegations must state a claim of violation of clearly established law.

Neil Nyber v. City of Battle Creek

Michigan Court of Appeals · Feb 11, 2026

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. … The clearly established prong of the qualified immunity inquiry sets a high standard, and the United States Supreme Court has “aggressively enforced qualified immunity.” Morden, 275 Mich App 340-341.

Fred Watson v. Eddie Boyd, III

2 F.4th 1106 · Court of Appeals for the Eighth Circuit · Jun 30, 2021

or statutory right; and (2) the right was clearly established at the time of the deprivation.’” … Accordingly, because of the district court’s incomplete analysis on both the constitutional violation and clearly established prongs, we can neither affirm nor reverse the denial of qualified immunity.

Thomas v. County of Putnam

262 F. Supp. 2d 241 · District Court, S.D. New York · May 7, 2003

Qualified Immunity Even assuming probable cause was not established, Deputies Langley and Nalbone have a valid defense of qualified immunity. … Absolute Immunity Prosecutors facing individual capacity liability can claim absolute or qualified immunity.

Brodie Faughn and Billy Colvin v. Alfred Kennedy and Wayne Kennedy

2019 Ark. App. 570 · Court of Appeals of Arkansas · Dec 4, 2019

Qualified immunity protects an officer from liability in an excessive-force case unless the officer’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … The second step of the qualified-immunity inquiry—whether the constitutional or statutory right was clearly established at the time of the defendant’s alleged misconduct— requires the victim to point to a previously decided

Starko, Inc. v. Gallegos

140 N.M. 136 · New Mexico Court of Appeals · Apr 26, 2006

Qualified immunity should be recognized where, under the particular facts, it was objectively reasonable for the government official to believe that his or her acts did not violate a clearly established right. Yount v. … Holloway, 510 U.S. 510, 515 , 114 S.Ct. 1019 , 127 L.Ed.2d 344 (1994) (describing Davis as answering the “discrete question: Is qualified immunity defeated where a defendant violates any clearly established duty, including

Hydrick v. Hunter

Court of Appeals for the Ninth Circuit · Aug 30, 2007

To defeat qualified immunity, “the right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established.” Wilson v. … Thus, there are two bodies of law from which we might draw “clearly established” law for qualified immunity pur- poses: first, where the SVPs claim a violation of a right that is clearly established even in the prison context

McCormick v. Board of Shawnee County Comm'rs

272 Kan. 627 · Supreme Court of Kansas · Dec 7, 2001

Waiver of qualified immunity. … fact, which if proven, would demonstrate a violation of clearly established law.

Ministerio Roca Solida v. Sharon McKelvey

Court of Appeals for the Ninth Circuit · May 4, 2016

Additionally, the Court finds that qualified immunity does not apply.” … Ct. 2074, 2080 (2011) (“Qualified immunity shields federal and state officials from money damages . . . .”).

Carnell v. Grimm

74 F.3d 977 · Court of Appeals for the Ninth Circuit · Jan 30, 1996

When a law enforcement officer asserts qualified immunity from liability, “the district court must determine whether, in light of clearly established principles governing the conduct in question, the officer objectively could … The second step of analysis for a qualified immunity determination is whether under the clearly established law a reasonable officer could have believed that his conduct was lawful. Act Up!/Portland, 988 F.2d at 871 .

Dimitris Desyllas v. Daniel Bernstine Roderic Diman John Fowler Rick Roe

351 F.3d 934 · Court of Appeals for the Ninth Circuit · Dec 9, 2003

rights were clearly established. … Accordingly, we need not consider the second part of the qualified immunity analysis — whether the constitutional rights were clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .