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  • Rouse v. Plantier

    997 F. Supp. 575 · District Court, D. New Jersey · Feb 9, 1998

    The level of generality at which the right asserted must be “clearly established” is the key conceptual issue in many qualified immunity cases, and has been clearly articulated by Plaintiffs, see Plaintiffs’ Letter-Brief … right to adequate medical care was “clearly established.”

    Vacated on other grounds by a later decision, 182 F.3d 192 (1999)Cited 8 timesPublished
  • 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.”).

    Cited 70 timesPublished
  • Salas v. United States

    District Court, D. New Mexico · Feb 28, 2024

    United States, 571 U.S. 591 (2015), the Tenth Circuit vacated Salas’ § 924(c) conviction on the ground that arson was not a qualifying “crime of violence” and remanded for resentencing. … Taylor, 529 U.S. 362, 390 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.”).

    Cited 0 timesUnknown
  • Jacob Pfaller v. Mark Amonette

    55 F.4th 436 · Court of Appeals for the Fourth Circuit · Dec 15, 2022

    immunity because the right at issue was not clearly established. … was clearly established.

    Cited 74 timesPublished
  • 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.

    Cited 0 timesUnknown
  • Petcu v. State

    121 Wash. App. 36 · Court of Appeals of Washington · Mar 30, 2004

    Finally, he argued that Smith was not entitled to qualified immunity because she violated Petcu’s clearly established right to family unity. … Once a defendant asserts a defense of qualified immunity, the plaintiff must show that a clearly established constitutional right exists. Robinson, 119 Wn.2d at 65-66 .

    Cited 28 timesPublished
  • Ellison Ex Rel. Estate of Ellison v. Lesher

    796 F.3d 910 · Court of Appeals for the Eighth Circuit · Aug 6, 2015

    In an interlocutory appeal from an order denying qualified immunity, we have authority to decide the purely legal issue whether the facts alleged by the plaintiff support a claim of violation of clearly established law. … Qualified immunity shields police officers from suit in a § 1983 action unless their conduct violated a clearly established right of which a reasonable official would have known. Harlow v.

    Cited 74 timesPublished
  • B.R. v. West Virginia Department of Health and Human Resources, Bureau for Children and Families, and Child Protective Services

    Intermediate Court of Appeals of West Virginia · Feb 8, 2024

    is necessary to defeat the defense of qualified immunity. … Code § 49-6A-9, which would overcome qualified immunity.

    Cited 0 timesPublished
  • Haynes v. City of Beaumont

    35 S.W.3d 166 · Texas Court of Appeals, 6th District (Texarkana) · Dec 8, 2000

    Government officials performing discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have … In practice, whether an official protected by qualified immunity may be held personally liable turns on the objective legal reasonableness of the action assessed in light of clearly established legal rules at the time the

    Cited 130 timesPublished
  • State Ex Rel Juvenile Department v. Tucker

    76 Or. App. 673 · Court of Appeals of Oregon · Dec 4, 1985

    The state does not argue persuasively that the experts did possess special knowledge of Indian life, but it contends that they were nevertheless qualified, because they had the necessary expertise to establish beyond a reasonable … However, when cultural bias is clearly not implicated, the necessary proof may be provided by expert witnesses who do not possess special knowledge of Indian life.

    Cited 50 timesPublished
  • Ronnie Gibson, Sr. v. Nicholas Abate

    Court of Appeals for the Sixth Circuit · Jul 11, 2025

    He claims that we should be wary of dismissing a case under Civil Rule 12(b)(6) based on the clearly established prong of qualified immunity. … There, we answered both questions raised by the officers’ qualified-immunity defense: Did the officers violate the Constitution? And did the caselaw clearly establish the violation when it occurred?

    Cited 0 timesUnpublished
  • Smith v. United States

    337 U.S. 137 · Supreme Court of the United States · May 31, 1949

    S. 547 , it was established that absolute immunity from federal criminal prosecution for offenses disclosed by the evidence must be given a person compelled to testify after claim of privilege against self-incrimination. … no reason why *150 a witness cannot qualify and limit his claim as the examination proceeds, just as he can make new claims as to issues he has not waived.” 169 F. 2d at 861 . 10 Raffel v.

    Cited 133 timesPublished
  • 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

    Cited 131 timesPublished
  • Jose Elizondo v. City of Garland Police Dep

    671 F.3d 506 · Court of Appeals for the Fifth Circuit · Feb 14, 2012

    West, 662 F.3d 320, 325 (5th Cir.2011), but the same does not hold for an order granting qualified immunity. An order granting immunity can be fully and fairly reviewed after a final judgment. See Thompson v. … To establish the use of excessive force in violation of the Constitution, a plaintiff must prove: “(1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness

    Cited 70 timesPublished
  • Basinski v. City of New York

    192 F. Supp. 3d 360 · District Court, S.D. New York · Jun 14, 2016

    “The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In addition, in order to be “clearly established” for the purposes of a qualified immunity analysis, “the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing

    Cited 4 timesPublished
  • Hudson v. Zeettergren

    District Court, N.D. Illinois · Apr 8, 2020

    However, qualified immunity shields the Defendant Officers from Hudson’s claim because they did not violate clearly established law. See White v. Pauly, --- U.S. ----, 137 S. … Ct. 548, 551 (2017) (“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 0 timesUnknown
  • Woods v. Harris County

    Court of Appeals for the Fifth Circuit · Mar 19, 2024

    We first address whether the district court correctly granted summary judgment in favor of the Deputy on the basis of qualified immunity. … Hudson, 933 F.3d 481, 486 (5th Cir. 2019) (“Because nonprecedential opinions do not establish any binding law for the circuit, they cannot be the source of clearly established law for qualified immunity analysis.”

    Cited 0 timesUnpublished
  • Sweeney v. Bond

    669 F.2d 542 · Court of Appeals for the Eighth Circuit · Jan 13, 1982

    The district court held that the Governor’s qualified immunity protected him from deposition absent a showing by plaintiffs of specific need.

    Cited 59 timesPublished
  • Dejuan Hopson v. Jacob Alexander

    71 F.4th 692 · Court of Appeals for the Ninth Circuit · Jun 16, 2023

    Washington therefore does not qualify as clearly established law for purposes of the qualified immunity inquiry in this case. Hopson next points to our decision in Espinosa. See 598 F.3d at 537–39. … Notably, Robinson itself granted qualified immunity to the officers because the constitutional right that had been violated was not clearly established at the time. 278 F.3d at 1015–16.

    Cited 39 timesPublished
  • Carter v. City of Philadelphia

    181 F.3d 339 · Court of Appeals for the Third Circuit · Apr 28, 1999

    Jordan, 415 U.S. 651, 663 (1974)) (emphasis added). 19 Eleventh Amendment immunity is an affirmative defense and the burden is thus on the DA's Office to establish its immunity from suit. See Christy v. … PROSECUTORIAL IMMUNITY 42 We must begin with "[t]he presumption . . . that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties" and the observation that the

    Cited 91 timesUnpublished

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