Case law

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.

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.

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.

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

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.

Lane v. Nading

927 F.3d 1018 · Court of Appeals for the Eighth Circuit · Jun 20, 2019

immunity because they had not violated any of Lane's clearly established constitutional rights. … The "officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established at the time.' " District

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.

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.

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).

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.

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.

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.

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.”).

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

Guerra v. Castillo

82 F.4th 278 · Court of Appeals for the Fifth Circuit · Sep 7, 2023

cause is clearly established. … When evaluating whether Castillo violated clearly established law for purposes of our qualified immunity analysis, we consider whether the law was clearly established “at the time of the defendant’s alleged misconduct

William Thorpe v. Harold Clarke

37 F.4th 926 · Court of Appeals for the Fourth Circuit · Jun 14, 2022

On qualified immunity, it reasoned that “when this suit was filed in May 2019, caselaw had clearly established that the Eighth Amendment prohibited prison officials from depriving inmates of ‘the basic human … They suggest we apply qualified immunity to just that prong, hold that it was not clearly established by 2012 that long-term isolation violated the Eighth Amendment, and dismiss the case before ever reaching

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.

Bell v. City of Albany

210 Ga. App. 371 · Court of Appeals of Georgia · Sep 23, 1993

clearly established statutory or constitutional rights of which a reasonable person would have known.” … App. 798 ( 432 SE2d 593 ) (1993). 4 Qualified immunity is a question of law for the court. Stone v.