Case law

Hale v. Walterbach

District Court, N.D. Texas · Sep 24, 2024

To defeat qualified immunity, a plaintiff must show: “(1) that the official violated a statutory or constitutional right; and (2) that the right was ‘clearly established’ at the time of the challenged conduct … “If the defendant’s actions violated a clearly established constitutional right” courts examine “whether qualified immunity is still appropriate because the defendant’s actions were objectively reasonable in light

Long v. Boucher

District Court, D. Utah · Nov 24, 2020

To overcome this defense, a plaintiff must establish that the officer asserting qualified immunity “violated a federal statutory or constitutional right” and that “the unlawfulness of [her] conduct was clearly established … The court must accordingly turn to whether Detective Boucher is entitled to qualified immunity on the ground that her actions were objectively reasonable in light of the legal rules that were clearly established at the

Harrison v. Kernan

District Court, N.D. California · Sep 21, 2021

Ct. 26 831 (Jan. 23, 2017) (qualified immunity looks at whether the right was clearly established when the defendant acted). … See e.g., S.B., 864 F.3d at 1015 (qualified 7 immunity looks at whether the right was clearly established when the defendant acted).

Dickson v. City of Clovis

148 N.M. 831 · New Mexico Court of Appeals · Apr 1, 2010

It granted Defendant Parkin qualified immunity, determining that “there was no apparent violation of a clearly established constitutional right” because it was reasonable for Defendant Parkin to have been uncertain as to … , granted Defendant Parkin qualified immunity, which entitled him to summary judgment as a matter of law.

Birdo v. Gomez

214 F. Supp. 3d 709 · District Court, N.D. Illinois · Oct 17, 2016

qualified immunity. … The doctrine of qualified immunity “protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Julie Ballou v. James McElvain

29 F.4th 413 · Court of Appeals for the Ninth Circuit · Sep 28, 2021

As Ballou’s disparate treatment claim alleged that McElvain violated her clearly established rights under the Equal Protection Clause, McElvain was not entitled to qualified immunity on that claim. … As Ballou’s disparate treatment claim alleged that McElvain violated her clearly established rights under the Equal Protection Clause, McElvain is not entitled to qualified immunity on that claim.

Arlane James v. New Jersey State Police

957 F.3d 165 · Court of Appeals for the Third Circuit · Apr 21, 2020

Qualified immunity protects government officials from being held liable for damages when their conduct does not violate a citizen’s clearly established rights. … Trooper Bartelt is entitled to qualified immunity because he did not violate Gibbons’s clearly established rights.

DeWald v. State

719 P.2d 643 · Wyoming Supreme Court · May 23, 1986

City of Green River, supra, does not establish a qualified immunity for the act of driving a patrol car. … Clearly, either choice posed a risk to the citizens of Laramie.

PAULOS VS. FCH1, LLC

2020 NV 2 · Nevada Supreme Court · Jan 30, 2020

Mahan concluded that Officer Baca was entitled to qualified immunity because he did not violate a clearly established constitutional right. Paulos v. … Noting the two-prong showing for overcoming qualified immunity—that (1) the officers violated a constitutional right and (2) the right was clearly established—the Ninth Circuit used its

Lambert v. RIVERBOAT GAMING ENFORC. DIV.

706 So. 2d 172 · Louisiana Court of Appeal · Dec 29, 1997

In support of their application, defendants contend that the trial court erred: (1) in ruling that defendants had established the qualified immunity defense, yet failing to grant their exception of no cause of action and … Accordingly, in Kyle , this court examined the pleadings to determine whether the plaintiff had set forth material facts therein which, if taken as true, showed that defendants had violated a clearly established right of

Moresi v. State, Dept. of Wildlife & Fisheries

567 So. 2d 1081 · Supreme Court of Louisiana · Sep 6, 1990

Further, the defendants have clearly carried their burden of pleading qualified immunity. … If the defendant shows that the state constitutional right alleged to have been violated was not clearly established, the defendant is entitled to qualified immunity.

A. D. v. State of Calif. Highway Patrol

712 F.3d 446 · Court of Appeals for the Ninth Circuit · Apr 3, 2013

The Court then rejected the notion that the law, defined at such a level of generality, was “clearly established” for qualified immunity purposes. … Markgraf is not entitled to qualified immunity, because Plaintiffs have shown that he violated the foregoing clearly established law.

Jennifer L.M. LeMay v. Michael B. Mays

18 F.4th 283 · Court of Appeals for the Eighth Circuit · Nov 15, 2021

Clearly Established We then turn to the second prong of the qualified immunity analysis⸺whether the right was clearly established at the time of the challenged conduct. See Dillard, 961 F.3d at 1052. … and entitling him to qualified immunity.

United States v. Bennett

868 F.3d 1 · Court of Appeals for the First Circuit · Jul 5, 2017

On that basis, we held that the defendant's conviction could not qualify as a conviction for a crime that had as an element the "use . . . of physical force" because the "government ha[d] not established the offense of harmful … If anything, then, the force clause in § 16 would seem to be less clearly encompassing of reckless conduct than the residual clause in § 16.

Feis v. King County Sheriff's Department

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

Ed. 2d 836 (2006) (“The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not ‘clearly established’; a quick resolution of a qualified immunity claim is essential … established right so as to rebut *551 the officers’ assertion of qualified immunity.

Andrew B. Bloom v. Melissa Peacock

498 F. App'x 867 · Court of Appeals for the Eleventh Circuit · Nov 19, 2012

Further, a defense of qualified immunity may be addressed in a motion to dismiss, which will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” St. George v. … To determine if an officer is entitled to qualified immunity, courts must determine (i) whether the plaintiff’s allegations establish a constitutional violation, and (ii) whether the constitutional violation was clearly

Rowan County v. Sloas

201 S.W.3d 469 · Kentucky Supreme Court · Sep 26, 2006

official immunity; and, for the Jailer and Henderson in their individual capacities, on grounds of qualified official immunity. … THE YANERO TEST FOR QUALIFIED OFFICIAL IMMUNITY Under Yanero , public officers and employees are entitled to “qualified official immunity” for negligent conduct when the negligent act or omissions were (1) discretionary acts

Carol Vincent v. City of Sulphur

805 F.3d 543 · Court of Appeals for the Fifth Circuit · Oct 28, 2015

To defeat qualified immunity, the plaintiff must show that the official’s conduct was objectively unreasonable in light of a clearly established rule of law. See id. at 323. … In summary, as we have explained, the alleged constitutional right was not clearly established, so the officers are entitled to qualified immunity.

Abouzari v. Foster

14 Brief Times Rptr. 984 · Colorado Court of Appeals · Jul 19, 1990

The plaintiff bears the burden of demonstrating that the applicable law was clearly established at the time in question, and the failure to establish a clearly existing constitutional standard derived from authority in a … a jury question on the issue of qualified immunity.

Wright v. City Of Philadelphia

409 F.3d 595 · Court of Appeals for the Third Circuit · Jun 6, 2005

facts showed a violation of `clearly established' law." … violated was clearly established.