Case law

R.Q. v. West Virginia Division of Corrections

West Virginia Supreme Court · Apr 10, 2015

Therefore, she asserts that D.F. does not enjoy qualified immunity in this matter. … The WVRJCFA argued that the training, supervision, and retention of correctional officers were inherently discretionary acts for which the State enjoys immunity and that A.B. failed to identify a clearly established right

Rivers v. Fischer

390 F. App'x 22 · Court of Appeals for the Second Circuit · Aug 13, 2010

A government official is entitled to qualified immunity for his actions unless his conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Pearson v. … The Second Circuit has held that a right is “clearly established” for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right, and

State of New Jersey, by the Commissioner of Transportation v. Cherry Hill Mitsubishi, Inc.

439 N.J. Super. 462 · New Jersey Superior Court Appellate Division · Feb 26, 2015

Turning to the State's assertion of qualified immunity as grounds for dismissal, it is well-established that the doctrine balances the need to hold public officials accountable for improperly … We ask (1) "whether a constitutional right would have been violated on the facts alleged" and (2) "whether the right was clearly established." Saucier, supra, 533 U.S. at 200, 121 S.

Costanich v. DEPT. OF SOCIAL AND HEALTH SERVICES

627 F.3d 1101 · Court of Appeals for the Ninth Circuit · Dec 3, 2010

clearly established. 1. … immunity, this right had not previ- ously been clearly established in the civil context.13 [12] A right is “clearly established” when “the contours of the right were already delineated with sufficient clarity to make

Jones v. Norwood

2013 Ohio 350 · Ohio Court of Appeals · Feb 6, 2013

. {¶51} The doctrine of federal qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In the context of the qualified-immunity analysis, we affirmed the trial court’s determination that Jones had shown the violation of her clearly established procedural-due-process right to a predeprivation hearing.

Brown v. Montoya

662 F.3d 1152 · Court of Appeals for the Tenth Circuit · Nov 8, 2011

Clearly Established For Mr. Brown to overcome Officer Montoya’s qualified immunity, the procedural due process right must be “clearly established at the time of defendant’s alleged misconduct.” … Because the issue is whether Officer Montoya has qualified immunity, it is sufficient to determine whether the alleged conduct violates a clearly established substantive due process right.15 No clearly established Supreme

Auriemma v. Rice

910 F.2d 1449 · Court of Appeals for the Seventh Circuit · Aug 20, 1990

established and thereby creating a qualified immunity defense. … But in any event it cannot be said that the law was clearly established in 1983. Rice is entitled to qualified immunity on count IV, thus requiring reversal on that count. V.

Jose Peroza-Benitez v. Darren Smith

994 F.3d 157 · Court of Appeals for the Third Circuit · Apr 8, 2021

Haser and Officer White were entitled to qualified immunity because Peroza-Benitez’s constitutional rights at issue were not “clearly established” at the time of the incident. … At summary judgment, the burden is on the officer to establish an entitlement to qualified immunity. Halsey, 750 F.3d at 288.

Velasquez v. Senko

643 F. Supp. 1172 · District Court, N.D. California · Mar 31, 1986

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … The Court explained: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

State, Department of Health & Social Services, Office of Children's Services v. Doherty

167 P.3d 64 · Alaska Supreme Court · Sep 14, 2007

11 Second, "if so, was that right clearly established?" … . 18 Unlike the test for qualified immunity, the test for a facially valid $ 1983 claim does not require the court to consider whether the constitutional right in question was clearly established or whether a reasonable officer

Jones v. Kirkland

696 So. 2d 1249 · District Court of Appeal of Florida · Jun 25, 1997

of the facts alleged, defendant's actions violate clearly established law — a `purely legal question.'" … Clearly, under the most favorable version of the facts alleged, appellees' actions objectively violated clearly established law. Accordingly, dismissal of appellant's complaint cannot be supported by qualified immunity.

Morris v. Noe

672 F.3d 1185 · Court of Appeals for the Tenth Circuit · Feb 27, 2012

The second step in our qualified immunity inquiry is whether Morris’s right to be free from an unlawful arrest was clearly established. … Yet even if Noe violated a constitutional right, he is still entitled to qualified immunity if the right was not clearly established at the time.

Robinson v. Langdon

333 Ark. 662 · Supreme Court of Arkansas · Jun 25, 1998

Fitzgerald, the [government official] will be entitled to immunity so long as his actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Shuffield had “fair warning” that he was violating a clearly established right in determining that the allegation of abuse was “founded.”

Strickland v. Shotts

408 F. Supp. 2d 633 · District Court, N.D. Indiana · Nov 24, 2004

Immunity Defense In Plaintiffs Brief in Support of Plaintiffs Motion for Summary Judgment, counsel for the plaintiff raised the potential issue of Shotts’ ability to raise an *639 affirmative defense of qualified immunity … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (establishing the objective standard for qualified immunity) and Rakovich v.

Walker v. Watson

District Court, W.D. Arkansas · Jun 6, 2022

Qualified Immunity The Defendants alternatively argue that they are entitled to qualified immunity with respect to Plaintiff’s claims. … The Court, having found that the facts do not make out a constitutional violation finds that the Defendants are entitled to qualified immunity with respect to each of Plaintiff’s constitutional claims.

Leveto v. Lapina

258 F.3d 156 · Court of Appeals for the Third Circuit · Jul 17, 2001

The principles governing claims of qualified immunity are well-established. … If a reasonable official would have known that the conduct was unlawful, qualified immunity is generally not available.2 See Harlow, 457 U.S. at 818-19 ("If the law was clearly established, the immunity defense or dinarily

Allen v. Guerrero

276 Wis. 2d 679 · Court of Appeals of Wisconsin · Sep 16, 2004

given right was clearly established." … clearly established.

Bexar County v. Giroux-Daniel

956 S.W.2d 692 · Texas Court of Appeals, 4th District (San Antonio) · Oct 29, 1997

Government officials have a qualified immunity from § 1983 suits if they can establish that “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … She argues that when she was fired in 1995, it was clearly established that firing a government employee for speaking out on matters of public concern constitutes a violation of the employee’s First Amendment rights.

Cope v. Cogdill

3 F.4th 198 · Court of Appeals for the Fifth Circuit · Jul 2, 2021

There are two aspects to qualified immunity: whether the plaintiff has alleged a violation of a constitutional right and whether the right at issue was “clearly established” at the time of the alleged violation. … Even if their actions were constitutionally unlawful, they are entitled to qualified immunity if the constitutional right at issue was not “clearly established.” Pearson, 555 U.S. at 232. 1.

Thompson v. Douds

852 So. 2d 299 · District Court of Appeal of Florida · Jul 18, 2003

Therefore, the trial court found that Thompson had failed to prove that the law was "clearly established." … Therefore, the autopsy report was insufficient to establish a fact question that would defeat summary judgment on the issue of qualified immunity. Id.