Case law

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

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

Hicks v. LeBlanc

81 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.

Tracy Ray Vaughan v. James D. Ricketts

859 F.2d 736 · Court of Appeals for the Ninth Circuit · Oct 14, 1988

Ricketts moved for summary judgment, claiming a qualified immunity from suit because the law governing body cavity searches of inmates was not clearly established as of March 1984. … Finally, the district court found that clearly established standards existed under the eighth and fourteenth amendments as well. The court thus refused to grant Ricketts qualified immunity on any of Vaughan’s claims.

Piphus v. Blum

108 Ohio App. 3d 218 · Ohio Court of Appeals · Dec 29, 1995

would believe was lawful in light of “clearly established law” and “information possessed” at the time of the challenged conduct. … In the absence of that clearly established right, the appellants are entitled to qualified immunity.

Torres v. Goddard

194 F. Supp. 3d 886 · District Court, D. Arizona · Jul 1, 2016

Defendants are entitled to qualified immunity. … As a matter of law, clearly established law for qualified immunity purposes is the law clearly established at the time of the conduct at issue.

Brosseau v. Haugen

543 U.S. 194 · Supreme Court of the United States · Dec 13, 2004

not entitled to qualified immunity. … We grant the petition on the second, qualified immunity question and reverse.

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.

Martinique Stoudemire v. Mich. Dep't of Corrections

705 F.3d 560 · Court of Appeals for the Sixth Circuit · Jan 31, 2013

Taken together, these sentences clearly suffice as an assertion of qualified immunity. … Dunagan focuses on whether the law regarding same- sex strip searches is “clearly established” for qualified immunity purposes. However, No. 11-1588 Stoudemire v. Mich.

Eleanor Keller v. Attala County

952 F.3d 216 · Court of Appeals for the Fifth Circuit · Feb 20, 2020

Without setting forth a clearly established right for which the analysis can continue, Plaintiffs have not defeated Deputy Fleming’s qualified immunity defense. … his actions violated clearly established law.

Brown v. Scott

329 F. Supp. 2d 905 · District Court, E.D. Michigan · Jul 26, 2004

The defendant claims that he is entitled to a dismissal on the basis of qualified immunity because the undisputed facts do not demonstrate a violation of the plaintiffs clearly established Eighth Amendment rights. … further inquiries concerning qualified immunity.”).

Long v. Underwood

District Court, N.D. Alabama · Dec 4, 2019

Qualified immunity shields government officials performing discretionary functions from suit “in their individual capacities unless their conduct violates clearly established statutory or constitutional rights … Univ., 102 F.3d 1179, 1182 (11th Cir. 1997) (stating that the defendants are entitled to qualified immunity on a motion to dismiss if the complaint “fails to allege the violation of a clearly established constitutional

Lumry v. State

Court of Appeals of Kansas · Oct 5, 2018

In claiming qualified immunity, Blecha first contends that the law was not clearly established that he could be personally liable for the FLSA claims; in other words, Blecha asserts that it was not clearly established in … N.Y. 2014) (defendant not entitled to qualified immunity since rules governing its conduct were clearly established, even if the rules about personal liability were not clearly established).

State v. SUPERIOR CT. IN CTY. OF MARICOPA

185 Ariz. 47 · Court of Appeals of Arizona · Feb 20, 1996

Qualified immunity shields government agents if a reasonable government officer could have believed his actions to be lawful, in light of clearly established law and the information he possessed at the time. Hunter v. … First, no “clearly established” legal rights were violated. Plaintiff Donaldson bears the burden of showing that “the right allegedly violated was clearly established at the time of the alleged misconduct.” Romero v.

DiMeglio v. Haines

45 F.3d 790 · Court of Appeals for the Fourth Circuit · Feb 2, 1995

“clearly established law” has an acquired meaning in the qualified immunity context referencing law at the time of the challenged conduct. … interest may make it more difficult to find the law ‘clearly established’ when assessing claims of qualified immunity.”); Borucki v.

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”).

Brown v. The Gap Inc.

District Court, M.D. Pennsylvania · Sep 10, 2024

that right was clearly established.” … [on] the clearly-established prong of the standard.”).

District of Columbia v. Evans

644 A.2d 1008 · District of Columbia Court of Appeals · Jul 21, 1994

1988 liability, an officer’s acts must clearly violate a clearly established right. … Deliberately shooting someone without just cause clearly violates the Fourth Amendment, and thus would preclude qualified immunity from § 1983 liability.

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.

Raub v. Bowen

960 F. Supp. 2d 602 · District Court, E.D. Virginia · Aug 2, 2013

Nevertheless, there are some clearly established standards to guide a reasonable police officer who detains a person for mental evaluation. … Goo-den filed suit and the officers invoked qualified immunity as a defense. The district court denied qualified immunity, as did a divided panel of the Fourth Circuit. Id.