Case law

Young v. Scales

873 A.2d 337 · District of Columbia Court of Appeals · Apr 21, 2005

that a defendant had qualified immunity. … Thus, to overcome qualified immunity, the right allegedly violated “must have been ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours of the right must be sufficiently clear that

Juan Hernandez v. City of San Jose

897 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jul 27, 2018

Taking the allegations in the operative complaint as true, and reading them in the light most favorable to the Attendees, we find the Officers violated clearly established rights and are not entitled to qualified immunity … Qualified Immunity “Qualified immunity protects government officers ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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

Anthony Martinez v. James Yates

585 F. App'x 460 · Court of Appeals for the Ninth Circuit · Oct 17, 2014

There is no clearly established Supreme Court precedent dictating when a trial in state court must be severed. Runningeagle v. … However, we have held that this footnote in Lane does not qualify as clearly established federal law under federal habeas law. Collins v.

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

Rangel v. Lorum

District Court, E.D. Wisconsin · Oct 23, 2019

Haessig, 788 F.3d 662, 667 (7th Cir. 2015) (affirming denial of qualified immunity for supervisor of parole agent who failed to respond to complaints by plaintiff parolee that agent was sexually harassing him). … Hartford, 204 F.3d 1187, 1197 (9th Cir. 2000) (“In the simplest and most absolute of terms, the Eighth Amendment right of prisoners to be free from sexual abuse was unquestionably clearly established prior to the time of

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.

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.

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.

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

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.

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.

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

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.

McIntire v. State

458 N.W.2d 714 · Court of Appeals of Minnesota · Aug 7, 1990

. § 1983 , the trial court correctly determined that agency's executive director, personnel director, and supervisor had a qualified immunity from liability for conduct which did not violate clearly established constitutional … To penetrate the government officials' qualified immunity, the balance must be in favor of the employee to a degree that evidences a clearly established right.

Garcia v. Las Vegas Medical Center

112 N.M. 441 · New Mexico Court of Appeals · Apr 30, 1991

One issue is qualified immunity. A public official is not liable for damages under Section 1983 unless the right violated by the official was clearly established at the time of the violation. … Although Ex parte Romero may be persuasive precedent, it cannot be said to make the federal law clearly established so as to overcome qualified immunity if decisions in other jurisdictions are to the contrary.

Atkinson v. Pustilnik

District Court, S.D. Texas · May 2, 2024

established, meaning qualified immunity was warranted) … Violation of a Clearly Established Right The second prong of the qualified immunity inquiry requires me to determine if the “right at issue was clearly established at the time of the defendant

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.

Murphy v. City of Farmington

District Court, D. New Mexico · May 12, 2021

to qualified immunity. … The officers are entitled to qualified immunity.