Case law

Sawyers v. Norton

962 F.3d 1270 · Court of Appeals for the Tenth Circuit · Jun 23, 2020

(2) The three officers were not entitled to summary judgment on qualified immunity grounds because “it is . . . clearly established by Tenth Circuit precedent that [Mr.] … Although they describe the law of qualified immunity, including the clearly established law requirement, see Aplt.

Douglas Echols v. Spencer Lawton

913 F.3d 1313 · Court of Appeals for the Eleventh Circuit · Jan 25, 2019

The district court also ruled that Lawton enjoys qualified immunity because Echols's complaint failed to allege the violation of a right that was clearly established when Lawton sent his letter. *1319 II. … To defeat Lawton's qualified immunity, Echols must also prove that Lawton violated a constitutional right that "was 'clearly established' at the time of the challenged conduct." Plumhoff v.

Robert Jack Hayter v. City of Mount Vernon, Harold Sullivan, Jr., Franklin County Reserve Deputy, Tyler Bannister, Mount Vernon Police Officer

154 F.3d 269 · Court of Appeals for the Fifth Circuit · Sep 21, 1998

infringed was “clearly established];.]” 516 U.S. at 312-313 , 116 S.Ct. 834 (citations omitted). … Next, even if a public official’s conduct has violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his or her conduct was objectively reasonable. Id.

Woodyard v. Alabama Department of Corrections

700 F. App'x 927 · Court of Appeals for the Eleventh Circuit · Jun 30, 2017

rights and (2) that those rights were “clearly established” at the time of the violation. … Because Woodyard must establish a genuine issue of material fact as to whether Leggett violated his constitutional rights before he can possibly overcome the officer’s qualified immunity defense, we address the district

Benford v. American Broadcasting Companies, Inc.

554 F. Supp. 145 · District Court, D. Maryland · Dec 22, 1982

Therefore, officials who act beyond their scope of authority lack standing to assert a qualified immunity defense even in those instances where their behavior does not violate clearly established constitutional or statutory … . *150 If the law the congressional defendants are charged with violating was clearly established, their qualified immunity argument must be rejected without further consideration.

David Andrews v. Robert Scuilli

853 F.3d 690 · Court of Appeals for the Third Circuit · Apr 10, 2017

If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. … This leaves us with the question of whether the rights at issue were clearly established at the time.18 We need not dwell on this.

Barnes v. Fedele

337 F. Supp. 3d 227 · District Court, W.D. New York · Oct 2, 2018

DISCUSSION Qualified immunity shields a government official from liability for civil damages "if his conduct did not violate plaintiff's *231 clearly established rights or if it would have been objectively reasonable for … The qualified immunity defense in this case largely turns on two considerations: whether the statutory or constitutional right in question was clearly established at the time of the alleged violation, and, if so, whether

The Estate of Donald Nash v. Henry Folsom

92 F.4th 746 · Court of Appeals for the Eighth Circuit · Feb 9, 2024

The court then held that the right was clearly established and proceeded to deny the officers qualified immunity on Count I. … Clearly Established “Qualified immunity shields public officials from liability for civil damages if their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person

Goetz v. Noble

652 So. 2d 1203 · District Court of Appeal of Florida · Mar 29, 1995

Qualified immunity affords government officials performing discretionary functions protection from liability under section 1983 where their conduct does not violate what reasonable people would recognize as a clearly established … Harlow 's "clearly established" standard demands that a bright line be crossed.

Lorraine Gormley v. Latanya Wood-El (069717)

218 N.J. 72 · Supreme Court of New Jersey · Jun 30, 2014

It held, however, that those rights were not clearly established at the time of the assault on Gormley and therefore dismissed the claims against the officials on the ground of qualified immunity. 1 Gormley v. … The Appellate Division, nevertheless, concluded that that right was not clearly established at the time of the assault on Gormley and therefore granted defendants qualified immunity and dismissed the federal civil-rights

Caprita v. Dunaway

District Court, S.D. Ohio · Dec 12, 2024

“To show that the official violated a ‘clearly established’ right, the plaintiff must ‘define with specificity the clearly established legal rule that the officers allegedly violated.’” Paul v. Whitley Cnty. Det. … In response to Defendant’s claim to qualified immunity, Plaintiff cites no case law that would tend to show Dunaway violated Plaintiff’s clearly established right to not be handcuffed like he was.

Anderson v. City of Hopkins

400 N.W.2d 350 · Court of Appeals of Minnesota · Feb 10, 1987

This appeal is from an order denying summary judgment and rejecting appellants’ qualified immunity defense. … clearly established statutory or constitutional rights of which a reasonable person would have known.

Emmons v. City of Escondido

168 F. Supp. 3d 1265 · District Court, S.D. California · Mar 2, 2016

Qualified Immunity The Supreme Court recently summarized the doctrine of qualified immunity. … conduct is clearly established.”

Jeffrey Mannoia v. David G. Farrow, Detective

476 F.3d 453 · Court of Appeals for the Seventh Circuit · Feb 7, 2007

In Saucier, the Supreme Court established a two-part test for resolving the issue of qualified immunity. … “Consulting a prosecutor may not give an officer absolute immunity ... but it goes far to establish qualified immunity.” Kijonka v. Seitzinger, 363 F.3d 645, 648 (7th Cir.2004).

Sabia v. Neville

165 Vt. 515 · Supreme Court of Vermont · Oct 18, 1996

They also argued that their actions were protected by qualified immunity. … Based on an objective standard, defendants did not violate any clearly established rights of plaintiff.

Commonwealth v. Markun

185 A.3d 1026 · Superior Court of Pennsylvania · May 1, 2018

As described by the United States Supreme Court: The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established … Pearson’s description of qualified immunity as providing immunity from suit, rather than a mere defense to liability, describes this situation.

Yates v. Stalder

217 F.3d 332 · Court of Appeals for the Fifth Circuit · Jun 30, 2000

immunity grounds, claiming that his conduct did not violate any of Plaintiffs’ clearly established constitutional or statutory rights. … Equal Protection The first step in qualified immunity analysis is to determine whether the plaintiff has alleged a “violation of a clearly established constitutional right.” Hare v.

Geraldine Nicholson v. Miguel Gutierrez

935 F.3d 685 · Court of Appeals for the Ninth Circuit · Aug 21, 2019

Once a defendant has raised qualified immunity as a defense to a claim, a plaintiff must show “(1) that the right was violated; and (2) that the right was clearly established at the time of the alleged misconduct.” … Even if a constitutional violation occurred, qualified immunity nevertheless applies unless the violation was clearly established.

Clue v. Johnson

179 F.3d 57 · Court of Appeals for the Second Circuit · Jun 10, 1999

“The defense of qualified immunity shields government officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … Instead, they contend that their activities raise a public concern under clearly established law and that Johnson is therefore not entitled to qualified immunity. See infra.

Linda J. Clifford v. MaineGeneral Medical Center

91 A.3d 567 · Supreme Judicial Court of Maine · Apr 22, 2014

of qualified immunity is (1) whether the plaintiff’s constitutional rights were violated, and (2) whether those rights were so clearly established that reasonable defendants would have known that their specific actions … Lyons, 666 A.2d at 99; see Webb, 1999 ME 74, ¶ 8, 728 A.2d 1261 (stating that qualified immunity shields government officials from civil liability under section 1983 if their conduct does not violate clearly established