Case law

Mawson v. Pittston Police Department

145 F. Supp. 3d 363 · District Court, M.D. Pennsylvania · Nov 18, 2015

The defendant objects to the second prong of the qualified immunity analysis: whether the law was clearly established. (Doc. 93, p. 13). … Again, for the purposes of qualified immunity, the court must determine whether the facts — taken in the light most favorable to the non-moving party — establish a violation of clearly established law and that a reasonable

Harris County v. Nagel

349 S.W.3d 769 · Texas Court of Appeals, 14th District (Houston) · Oct 5, 2011

Identification of the clearly established law is not a question of fact to be established by evidence. … This would not be qualified immunity, but absolute immunity.

Webb v. Johnson

District Court, D. Nebraska · Aug 4, 2022

QUALIFIED IMMUNITY Qualified immunity shields officials from civil liability in a 42 U.S.C. §1983 action when their conduct “does not violate clearly established statutory or … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff, however, must demonstrate that the law is clearly established.” Sparr v.

S. B. v. County of San Diego

864 F.3d 1010 · Court of Appeals for the Ninth Circuit · May 12, 2017

COUNTY OF SAN DIEGO 9 clearly established law, so qualified immunity was not appropriate. … Moreover, even if district court decisions could clearly establish the law for purposes of qualified immunity, the cases on which plaintiffs rely are insufficient.

Hurdsman v. Commander Pokluda

District Court, W.D. Texas · Jan 13, 2020

Qualified Immunity “A qualified immunity defense alters the usual summary judgment burden of proof.” Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010). … Guendry, 703 F.3d 757, 763-64 (5th Cir. 2012) (qualified immunity will not protect officers who apply excessive force merely because their means of apply it are novel; further, Graham excessive force factors “can ‘clearly

TC Reiner v. Canale

301 F. Supp. 3d 727 · District Court, E.D. Michigan · Mar 15, 2018

Beyond failing to cite any authority suggesting-let alone clearly establishing-that Defendant's use of the Work was not fair use, Plaintiff has all but conceded that his rights were not clearly established for qualified-immunity … As Plaintiff has failed to demonstrate that *744 any infringement of any right of his was clearly established, Defendant is entitled to qualified immunity on Plaintiff's DMCA claim as well. 2.

Bellow v. Board of Supervisors of Louisiana State University

913 F. Supp. 2d 279 · District Court, E.D. Louisiana · Dec 21, 2012

The qualified immunity determination is a two-step inquiry. First, the court must decide whether a plaintiffs allegations, if true, establish a violation of a clearly established right. Id. … Consequently, in addressing the parties’ qualified immunity arguments with regard to the FMLA, the first question that this Court must answer is: Do Plaintiffs allegations establish a violation of a clearly established right

Garcia v. Royal Bank of Canada

178 F. Supp. 2d 74 · District Court, D. Puerto Rico · Dec 17, 2001

Qualified Immunity Noriega contends that he is entitled to qualified immunity. … If no violation of a clearly established constitutional right is found, then the analysis halts because “there is qualified immunity.” Aponte Matos v.

Daniel Chavez v. David Robinson

817 F.3d 1162 · Court of Appeals for the Ninth Circuit · Mar 29, 2016

In this case, the panel determined that plaintiff’s complaint did not clearly show that he would be unable to overcome qualified immunity. … ROBINSON Chavez’s pro se complaint did not clearly show that he would be unable to overcome qualified immunity.

Barton Ex Rel. Estate of Barton v. Taber

820 F.3d 958 · Court of Appeals for the Eighth Circuit · May 24, 2016

Qualified Immunity ' State officials are entitled to qualified immunity for their discretionary acts unless those acts “violate clearly established statutory or constitutional rights of which a reasonable person would have … Clearly Established Owens argues that Barton’s constitutional right was not clearly estab *966 lished, because he acted as a reasonable officer would under the circumstances.

Nelson v. Giurbino

395 F. Supp. 2d 946 · District Court, S.D. California · Oct 20, 2005

Relying on these cases and decisions, Plaintiff asserts that his constitutional right to access internet generated materials was clearly established and concludes that Defendants are not entitled to qualified immunity. … Since Plaintiffs fails to allege a violation of a clearly established constitutional right, the Court finds that Defendant Grannis is entitled to qualified immunity. 3.

Outlaw v. Nasworthy

250 Ga. App. 362 · Court of Appeals of Georgia · Jul 3, 2001

by reference to clearly established law. … On a motion for summary judgment, if the applicable law was clearly established at the time the defendant acted, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law

Tillard v. Strawser

District Court, D. Arizona · Jan 25, 2022

(Id. at 9 n.7.) 15 Government officials are entitled to qualified immunity from civil damages unless 16 their conduct violates “clearly established statutory or constitutional … that 20 right was clearly established at the time of the violation.

Garces Robles v. Ramirez

District Court, W.D. Texas · Jun 25, 2024

Plaintiffs sufficiently plead that the individual Defendants are not entitled to qualified immunity. … Hicks, 81 F.4th at 504 (holding that the right to timely release was clearly established as of 2017).5 “Ultimately, the touchstone is fair warning: The law can be clearly established despite notable factual distinctions

William Anderson v. City of Minneapolis

934 F.3d 876 · Court of Appeals for the Eighth Circuit · Aug 20, 2019

Because Jacob has failed to identify a clearly established right, we hold the individual defendants are entitled to qualified immunity. … As such, it does not clearly establish a right that defeats the individual defendants’ qualified immunity defenses.

Robinett v. Carlisle

928 S.W.2d 623 · Court of Appeals of Texas · Aug 15, 1996

... qualified immunity.” … Police officers are immune if they could have reasonably believed their actions to be lawful in light of clearly established law and the information the officers possessed. Hunter v.

Bartell v. Lohiser

215 F.3d 550 · Court of Appeals for the Sixth Circuit · Jun 7, 2000

No defendants may assert qualified immunity. … However, this Circuit, as well as a number of “clearly established” constitutional or statutory right has been our sister Circuits, have granted state employees qualified immunity violated; and second, we ascertain whether

Piazza v. Jefferson Cnty.

923 F.3d 947 · Court of Appeals for the Eleventh Circuit · May 9, 2019

Qualified immunity shields a government official from liability unless he violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Foy v. … We don't rely on Glasscox because law can be clearly established for overcoming qualified immunity only if it is established prior to the relevant events, and Hinkle's death occurred in 2014, four years before Glasscox issued

Walker v. Ryals

District Court, E.D. Arkansas · Jul 28, 2023

Because the above failure to protect law was clearly established prior to the May 2022 fight, I conclude Officer Huett and Corporal Barnat are not entitled to qualified immunity on this failure to protect claim. … And, because that law was clearly established before May 2022, I conclude Defendant Barnat is not entitled to qualified immunity on this excessive force claim. V.

Schneyder v. Smith

709 F. Supp. 2d 368 · District Court, E.D. Pennsylvania · Apr 26, 2010

Detention As a Material Witness Requires Probable Cause Under Third Circuit law, “a right is clearly established for purposes of qualified immunity when its contours are ‘sufficiently clear that a reasonable official would … would have known that those rights were clearly established constitutional rights. 2.