Case law

Lewis Stewart v. Romeo Aranas

32 F.4th 1192 · Court of Appeals for the Ninth Circuit · May 4, 2022

The panel determined that only examination of the second prong of the qualified immunity analysis was necessary—whether the right was clearly established at the time of the violation—because doing so would not hamper the … ” prong of the qualified immunity analysis.

Tom Heaney v. Christopher Roberts

846 F.3d 795 · Court of Appeals for the Fifth Circuit · Jan 23, 2017

Black is entitled to qualified immunity on the First Amendment claim because his actions as sergeant-at-arms were not objectively unreasonable in light of clearly established law. We affirm on that claim. D. … But an officer is only denied qualified immunity if his or her actions are objectively unreasonable in light of clearly established law. See, e.g., Blackwell v.

Russell v. Coyle

266 N.J. Super. 651 · New Jersey Superior Court Appellate Division · Aug 4, 1993

Extant caselaw establishes that qualified immunity should shield Trooper Coyle from suit for damages if "a reasonable officer could have believed [Trooper Coyle's] warrantless search to be lawful, in light of clearly established … As noted, with respect to qualified immunity, a plaintiff must show that the defendant violated some clearly established right. Harlow v. Fitzgerald, 457 U.S. at 818 , 102 S.Ct. at 2738 , 73 L.Ed. 2d at 410 .

Nathaniel Hicks v. Gerald Ferreyra

965 F.3d 302 · Court of Appeals for the Fourth Circuit · Jul 14, 2020

Nor were the officers entitled to qualified immunity as a matter of law under the “clearly established” prong of the inquiry: “[D]etaining [Hicks] under these circumstances – when the officers had a reasonable suspicion … Nor, again, could Phillips show that the alleged Fourth Amendment violation was not “clearly established” for qualified immunity purposes. Id.

Janowski v. City of North Wildwood

259 F. Supp. 3d 113 · District Court, D. New Jersey · May 5, 2017

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … ‘clearly established’ at the time of the challenged conduct.”).

El Dia, Inc. v. Rossello

20 F. Supp. 2d 296 · District Court, D. Puerto Rico · Aug 28, 1998

Qualified Immunity Qualified immunity is an affirmative defense shielding public officials from civil damages so long as their conduct does not violate any clearly-established statutory or constitutional right of which a … To determine whether Defendants are entitled to qualified immunity protection from the claims in Count I, we must determine whether the right claimed is a clearly-established one.

Torner v. Reagen

437 N.W.2d 553 · Supreme Court of Iowa · Mar 22, 1989

Although that holding became binding on the department, it did not amount to a holding that the legal principle was clearly established so as to deprive the commissioner of qualified immunity. … By no stretch could it be said that Bernice’s right to a termination hearing was clearly established. It follows that the commissioner was entitled to qualified immunity as a matter of law.

Steven Kulkay v. Tom Roy

847 F.3d 637 · Court of Appeals for the Eighth Circuit · Feb 2, 2017

But “[u]nless 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.” Mitchell v. … The officials are thus entitled to qualified immunity. Moreover, because Kulkay fails to state a claim of violation of clearly established law, he is not entitled to discovery before dismissal.

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

Bayer v. Monroe County Children and Youth Services

577 F.3d 186 · Court of Appeals for the Third Circuit · Aug 14, 2009

And in light of Pearson , we need not reach this issue, as we find that, under the “clearly established” prong of the Saucier test, defendants should be afforded qualified immunity with respect to this claim. … See Pearson, 129 S.Ct. at 822 (forgoing the first Saucier step and finding the defendants “are entitled to qualified immunity because [their conduct] did not violate clearly established law”).

Diaz-Colon v. Toledo-Davila

980 F. Supp. 2d 214 · District Court, D. Puerto Rico · Oct 24, 2013

In determining whether qualified immunity shields a state actor from liability, courts look at 1) whether the plaintiff has alleged a violation of a constitutional right, and 2) whether the right at issue was clearly established … Taylor, 723 F.3d 91 (1st Cir.2013), and that the prohibition against “deliberately fabricating evidence and framing individuals for crimes they did not commit,” as alleged in this case, was clearly established as far back

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.

Vaughan v. Florida Department of Agriculture & Consumer Services

920 So. 2d 650 · District Court of Appeal of Florida · Dec 21, 2005

The essential qualified immunity issue in this appeal is whether, at the time of the incident, the law clearly established that a warrant was required for the search of Vaughan’s property and whether, by entering his yard … inspector to render the law, establishing that a warrant was needed, not yet clearly established.

Mohamed Sabra v. Maricopa County Community Coll

44 F.4th 867 · Court of Appeals for the Ninth Circuit · Aug 10, 2022

of qualified immunity, as there was no case law clearly establishing that his conduct was unconstitutional at the time of the alleged offense. … Qualified Immunity “The doctrine of 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

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

Newman v. Kock

274 S.W.3d 697 · Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

In response to Newman’s due process and due course claims, Appellees asserted the affirmative defenses of qualified immunity and official immunity and filed a traditional motion for summary judgment claiming that they established … that violated clearly established law.

West Virginia Department of Human Resources v. A.R.

West Virginia Supreme Court · Mar 5, 2024

When dealing with broad rights, the plaintiff bears the burden of particularizing such a right before those rights are subject to the qualified immunity test of being clearly established. … Were it otherwise, allegations like A.R’s would “grossly oversimplif[y], and frankly nullif[y],” that step of the qualified immunity analysis pertaining to the violation of clearly established statutory or constitutional

Mohamed ex rel. A.M. v. Irving Independent School District

252 F. Supp. 3d 602 · District Court, N.D. Texas · May 18, 2017

Principal Cummings asserts he is entitled to qualified immunity, as Plaintiff has failed to plead facts showing that he violated any of A.M.’s clearly established constitutional rights. … In analyzing qualified immunity claims, the Supreme Court has “repeatedly told courts ... to not define clearly established law at a high level of generality.” Mullenix 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.

Lintz v. Skipski

815 F. Supp. 1066 · District Court, W.D. Michigan · Feb 23, 1993

They argue that the defendants were not entitled to qualified immunity because plaintiffs’ rights were clearly established at the time of the alleged violations and also ask for reconsideration of their conspiracy claim. … Qualified Immunity The qualified immunity doctrine shields government officials performing discretionary functions from civil damages liability, provided their conduct “does not vio-' late clearly established statutory or