Case law
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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.
Cited 53 timesPublished165 Vt. 482 · Supreme Court of Vermont · Oct 11, 1996
Unless a later controlling precedent created the clearly established constitutional right we must find to overcome qualified immunity, we must use the DeShaney standard. … The court further held that the right was clearly established, and qualified immunity did not apply. Id. at 852 .
Disagreed with by Thomas Wilkinson, Benjamin Wilkinson, by Next Friend Thomas Wilkinson and Jonathan Wiegand v. Caroline S. Russell, James Adams and Gerald Jeffords, 182 F.3d 89 (1999)Cited 11 timesPublishedRandy McDaniel v. Markeith Neal
44 F.4th 1085 · Court of Appeals for the Eighth Circuit · Aug 15, 2022
Even if his use of force was excessive, Neal is entitled to qualified immunity unless the excessiveness of the force was clearly established on the date of the incident, August 13, 2017. … The district court denied the officer’s motion for summary judgment on the basis of qualified immunity, and the en banc court reversed, holding that the officer did not violate a clearly established right on May 29, 2014.
Cited 24 timesPublished956 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.
Cited 23 timesPublishedEboni Baldwin v. Harris County Sheriff Dept
964 F.3d 320 · Court of Appeals for the Fifth Circuit · Jul 1, 2020
The second prong of the qualified immunity analysis asks whether the detainee’s right to treatment for serious medical needs was “clearly established” such that every “reasonable official would understand that what [she] … a triable material issue concerning a violation of a constitutional right or law clearly establishing that Dorsey’s alleged conduct was objectively unreasonable, we conclude that Dorsey is entitled to qualified immunity.
Cited 54 timesPublishedCourt of Appeals for the Ninth Circuit · Jun 13, 2019
Youseff, 914 F.3d 1218, 1229 (9th Cir. 2019), concluded that a prisoner’s “right to be free from heightened exposure to Valley Fever spores” was not clearly established. … Read, 663 F.3d 1094, 1098 (9th Cir. 2011) (jurisdiction over interlocutory appeal from the denial of qualified immunity limited to “the purely legal issue whether the facts alleged . . . support a claim of clearly established
Cited 0 timesUnpublished173 Ariz. 245 · Court of Appeals of Arizona · Dec 29, 1992
Whether the absence of clearly established law in 1984 concerning when a child could or could not be taken into temporary custody entitles Michelle Colla to qualified immunity in taking temporary custody over James Nation … Under the doctrine of qualified immunity, an executive officer is immune from civil liability in a § 1983 action if the conduct complained of does not violate a clearly established statutory or constitutional right of which
Cited 15 timesPublishedMangino v. Incorporated Village of Patchogue
814 F. Supp. 2d 242 · District Court, E.D. New York · Sep 30, 2011
Having carefully considered the motion for reconsideration, the Court concludes that Nudo is entitled to qualified immunity on the abuse of process claim because, although there was a clearly established right to be free … Therefore, qualified immunity at this juncture is clearly unwarranted.
Cited 33 timesPublished384 F. Supp. 3d 1321 · District Court, N.D. Oklahoma · Apr 25, 2019
Thus, "[t]o survive a motion to dismiss based on qualified immunity, the plaintiff must allege sufficient facts that show-when taken as true-the defendant plausibly violated his constitutional rights, which were clearly established … the relevant law is clearly established."
Cited 1 timesPublishedReynaldo Ramirez v. Jim Wells County, Texas
716 F.3d 369 · Court of Appeals for the Fifth Circuit · May 15, 2013
“The doctrine of qualified immunity protects public officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Because there was no false arrest, no constitutional violation occurred, and, accordingly, we have no occasion to reach the part of the qualified immunity analysis that asks whether the law was clearly established.
Cited 198 timesPublishedLowther v. Children Youth and Families Department
District Court, D. New Mexico · Feb 23, 2023
violate a “clearly established” statutory or constitutional right. … In its discretion, the Court addresses the second prong, or “clearly established prong,” of the qualified immunity analysis first.
Cited 0 timesUnknownWest Virginia Division of Corrections & Rehabilitation v. Damein Robbins
West Virginia Supreme Court · Jun 9, 2023
Those errors relate to one portion of the qualified immunity test (violation of a clearly established right), so we briefly survey pertinent immunities law before addressing the Officers’ specific arguments. … well-established qualified immunity framework.”
Cited 0 timesPublishedEx parte Harvey Ruffin, Shelton Patterson, Sandra Giles and Kenneth Jones.
160 So. 3d 750 · Supreme Court of Alabama · Aug 29, 2014
The doctrine of qualified immunity generally shields government officials who are performing discretionary functions from liability for civil damages unless their conduct violates "clearly established … the petitioners violated clearly established constitutional law.
Cited 4 timesPublished867 S.W.2d 873 · Texas Court of Appeals, 1st District (Houston) · Dec 16, 1993
Thus, Font must show he established his affirma- *876 five defense of official immunity as a matter of law. Font claimed absolute immunity from the suit and alternatively, qualified immunity. … The threshold question is what must a public official show to establish the defense of qualified immunity. Texas law and federal law differ in this respect.
Cited 69 timesPublished297 Mich. App. 191 · Michigan Court of Appeals · Jun 26, 2012
However, contrary to the parties’ position, we conclude that a person can fail to qualify for immunity from arrest pursuant to § 4(a), but still be entitled to immunity from prosecution or penalty. … This argument is contrary to the plain language of the statute as we have interpreted it, and it is inconsistent with the clearly established law that permits police officers to arrest individuals who commit misdemeanor offenses
Cited 59 timesPublished14 F.4th 981 · Court of Appeals for the Ninth Circuit · Sep 27, 2021
Dissenting, Judge Bennett would hold that defendants were entitled to qualified immunity because they did not violate clearly established law. … Clearly Established Right Defendants in this case focus their challenge to the district court’s denial of qualified immunity on the second prong of the analysis, the “clearly established” element, and on only part of
Cited 37 timesPublished81 F.4th 497 · Court of Appeals for the Fifth Circuit · Sep 5, 2023
Appellants insist they are entitled to qualified immunity because they neither violated Hicks’ constitutional rights nor acted unreasonably in light of clearly established law. We disagree. … Having established that Hicks’ right to timely release was clearly established, we turn to the first question of qualified immunity: whether _____________________ 21 U.S.
Cited 29 timesPublishedR.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
Cited 0 timesPublishedCostanich 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
Cited 45 timesPublishedDistrict Court, N.D. Texas · Oct 15, 2021
Where a defendant has asserted a qualified-immunity defense, the Court may, under certain circumstances, permit limited discovery that is narrowly tailored to uncover facts that the Court needs to rule on the qualified-immunity … See Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain
Cited 0 timesUnknown
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