Case law

West Virginia Division of Corrections and Rehabilitation v. Billie Taylor

West Virginia Supreme Court · May 2, 2023

Furthermore, the circuit court found questions of fact existed about qualified immunity, namely whether DOCR violated clearly established rights of the respondent about which a reasonable person would have known, or acted … When weighing the evidence regarding qualified immunity at the summary judgment stage, a court is guided by the following standard: The ultimate determination of whether qualified or statutory immunity bars

Parmelee v. Schnader

2018 Ohio 707 · Ohio Court of Appeals · Feb 22, 2018

Brooks, 436 U.S. 149, 155, 98 S.Ct. 1729, 56 L.Ed.2d 185 (1978). {¶22} A governmental official sued under 42 U.S.C. §1983 may assert the defense of qualified immunity when their conduct “does not violate clearly established … Once the defendant raises the defense of qualified immunity, it is the plaintiff's burden to establish that the defendant is not entitled to qualified immunity. Id. citing Silberstein v.

Betances v. Fischer

140 F. Supp. 3d 294 · District Court, S.D. New York · Oct 14, 2015

APPLICABLE LAW “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … Town of Wolcott, 599 F.3d 129, 134 (2d Cir.2010) ("Even where the law is clearly established and the scope of an official’s permissible conduct is clearly defined, the qualified immunity defense also protects an official

DE MONTALVO v. DIXON

District Court, N.D. Florida · Oct 17, 2024

FDC Defendants also assert qualified immunity. ECF No. 32 at 24-25. III. … proceed to the next step of determining if a constitutional right was clearly established”).

Bishop v. Boyer

District Court, N.D. Illinois · Sep 26, 2025

The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right. … As the Seventh Circuit has explained: [A] right is clearly established for qualified immunity purposes if its contours were sufficiently definite that

Hernandez v. Mesa

885 F.3d 811 · Court of Appeals for the Fifth Circuit · Mar 20, 2018

But the extraterritorial application of these protections to Hernández was not clearly established at the time of Mesa's tortious conduct. Mesa is therefore entitled to qualified immunity. See Mullenix v. … . ----, 136 S.Ct. 305 , 308, 193 L.Ed.2d 255 (2015) ("The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights

In re Davenport Hotel Building Collapse

Supreme Court of Iowa · Nov 7, 2025

established” law under § 670.4A(3). … We also noted in Doe a fundamental incompatibility between the federal “clearly established” standard and the nature of a common law negligence action that would somehow incorporate such a standard. Id.

Mangino 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.

Roxanne Adams v. Debra Ferguson

884 F.3d 219 · Court of Appeals for the Fourth Circuit · Mar 6, 2018

Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Mullenix v. … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

SERVAIS v. CACCIA

District Court, D. New Jersey · Jul 31, 2023

Second, the Court considers “whether that right was clearly established at the time of the official’s actions.” Id. “An answer in the negative to either prong entitles an officer to qualified immunity.” … See Pearson, 555 U.S. at 232 (stating that qualified immunity applies unless “the right at issue was ‘clearly established’ at the time of defendant's alleged misconduct” (emphasis added)).

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

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.

Adam Saetrum v. Jake Vogt

673 F. App'x 688 · Court of Appeals for the Ninth Circuit · Dec 20, 2016

Cases from this and other circuits clearly established that using a car as an impact weapon constituted at least a significant, intermediate level of force. See Young v. … The Takedown Claim With respect to the takedown claim, by contrast, Vogt’s actions did not violate clearly established law.

Lee v. Greene

114 N.C. App. 580 · Court of Appeals of North Carolina · May 3, 1994

The test of qualified immunity for police officers sued under 42 U.S.C. § 1983 is whether in performing discretionary functions, they have engaged in conduct that violates “clearly established statutory or constitutional … The threshold question regarding a defense of qualified immunity is whether defendants have violated a “clearly established” right. Pritchett, 973 F.2d at 313 .

Vanessa Cole v. Dennis Hutchins

959 F.3d 1127 · Court of Appeals for the Eighth Circuit · May 28, 2020

“Our jurisdiction to consider an appeal of an order denying summary judgment based on qualified immunity is limited to the purely legal issue of whether the facts . . . alleged support a claim of violation of clearly established … The law was clearly established in two respects relevant here.

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

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

James T. Voutour v. Harold Vitale, James T. Voutour v. Harold Vitale

761 F.2d 812 · Court of Appeals for the First Circuit · May 9, 1985

established statutory or *819 constitutional rights of which a reasonable person would have known.” … Like Wheeler, Chief Forni raised a qualified good faith immunity defense against Voutour’s section 1983 claim.

Harmon v. City of Arlington

16 F.4th 1159 · Court of Appeals for the Fifth Circuit · Oct 26, 2021

First, the plaintiffs argue that Tran is not entitled to qualified immunity because his use of excessive force violated a clearly established constitutional right. … To overcome qualified immunity, the law must be so clearly established that every reasonable officer in this factual context—an officer holding onto the side of a fleeing car where the driver has ignored instructions