Case law

PHILLIPS v. NEW JERSEY TRANSIT

District Court, D. New Jersey · Feb 14, 2022

“Qualified immunity shields government officials from personal liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Pa. 2001) (“[T]he right to be free from the fabrication of evidence, falsifying documents, and malicious prosecution is 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.

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

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.

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.

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.

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.

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.

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.

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.

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

Michael Matzell v. Anthony J. Annucci

64 F.4th 425 · Court of Appeals for the Second Circuit · Apr 4, 2023

Qualified Immunity Qualified immunity shields government officials from liability for money damages for violation of a right under federal law if "their conduct does not violate clearly established statutory … Qualified immunity bars a plaintiff's claim unless (1) the official violated a statutory or constitutional right, and (2) that right was clearly established at the time of the challenged conduct. Francis v.

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.

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