Case law

Tom Johnson v. Patrick McCarver

942 F.3d 405 · Court of Appeals for the Eighth Circuit · Nov 1, 2019

was clearly established at the time of the incident. … McCarver and LaLuzerne violated Johnson’s clearly established right and qualified immunity does not apply.

Teresa Graham v. Shannon Barnette

5 F.4th 872 · Court of Appeals for the Eighth Circuit · Jul 16, 2021

She also argues that probable cause was the clearly established standard at the time, meaning the officers are not entitled to qualified immunity as to this claim. … The officers also argued that they were entitled to qualified immunity as to this claim because their seizure of Graham did not violate clearly established law.

Hazley v. Roy

378 F. Supp. 3d 751 · District Court, D. Maine · Mar 26, 2019

"Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his [or her] individual capacity that fails to state a claim for violation of 'clearly established statutory or … C Once the right has been defined at the appropriate level of specificity, the next inquiry is whether that right was clearly established. Defendants challenge this component of qualified immunity, as well.

Jetta Elliott v. Dusty Morgan, in His Official Capacity as a Deputy Sheriff of Boone County

603 S.W.3d 570 · Court of Appeals of Arkansas · May 13, 2020

Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know. Harlow v. … A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established

Estate of Wayne Anderson v. John Marsh

985 F.3d 726 · Court of Appeals for the Ninth Circuit · Jan 15, 2021

At oral argument, Marsh’s counsel conceded that the qualified immunity analysis turns on “[w]hether Officer Marsh reasonably perceived that [Anderson] was making a threatening movement,” and that it was “clearly established … MARSH conduct ‘did not violate the [Constitution] and, in any event, did not violate clearly established law.’”

Phoenician Mediterranean Villa, LLC v. Swope (In Re J & S Properties, LLC)

872 F.3d 138 · Court of Appeals for the Third Circuit · Sep 28, 2017

clearly established law. … “To overcome qualified immunity, a plaintiff must plead facts ‘showing (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct

Coliseum Enterprises, Inc. v. Campbell

173 Vt. 585 · Supreme Court of Vermont · Feb 25, 2002

qualified immunity. … To overcome the commissioners’ qualified immunity defense, therefore, plaintiffs must identify a “clearly established” right that was violated by the rescission of their application.

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

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

Vollette v. Watson

937 F. Supp. 2d 706 · District Court, E.D. Virginia · Apr 1, 2013

However, the same qualified immunity test that requires this Court to ask “whether a given right was clearly established requires [the Court] to define that right ‘at a high level of particularity.’ ” Id. … immunity because the controlling law was not “clearly established.”

King v. State

242 Cal. App. 4th 245 · California Court of Appeal · Nov 18, 2015

But Defendants are only entitled to qualified immunity as a matter of law if, taking the facts in the light most favorable to [the Plaintiff], they violated no clearly established constitutional right. … The state and Tawney premise their 26 qualified immunity claim on an extremely narrow, factually detailed view of what the clearly established law would be in this case.

Cozayatl Sampedro v. Schriro

377 F. Supp. 3d 133 · District Court, D. Connecticut · Mar 28, 2019

Sampedro cannot establish that he violated a clearly established right and, therefore, he is entitled to qualified immunity in any event. … similar circumstances. 4 See Allah, 876 F.3d at 59 (holding defendants were entitled to qualified immunity where relevant precedent *143 did not clearly establish that a substantive due process would result from disputed

Melene James v. City of Boise

160 Idaho 466 · Idaho Supreme Court · Mar 23, 2016

The Court explained why the “clearly established law” could not be so general that it would eliminate the rale of qualified immunity. … With respect to qualified immunity, the court of appeals held that there was no clearly established law that the officer’s “use of a police dog to search and bite was unconstitutional.” Id. at 1092 .

McCoy v. City of Vallejo

District Court, E.D. California · Jun 29, 2021

See Mot. at 17–18. 1 Qualified immunity “protects government officials from liability 2 for civil damages insofar as their conduct does not violate 3 clearly established statutory or constitutional … actions, 18 as clearly established law).

Richmond Lapolla v. County of Union

449 N.J. Super. 288 · New Jersey Superior Court Appellate Division · Mar 28, 2017

The qualified immunity doctrine is an affirmative defense that "shields government officials from a suit for civil damages when 'their conduct does not violate clearly established statutory … And, as we observed, "[q]ualified immunity is applicable unless the official's conduct violated a clearly established constitutional right." Id. at 28 (alteration in original).

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.

Jeremy Boudoin v. Terral Harsson

962 F.3d 1034 · Court of Appeals for the Eighth Circuit · Jun 22, 2020

“Qualified immunity protects a government official from liability in a [§] 1983 action, unless the official’s conduct violates clearly established constitutional or statutory law of which a reasonable person would have known … In denying Harsson qualified immunity, the district court cited Nance v.

Volkman v. Ryker

736 F.3d 1084 · Court of Appeals for the Seventh Circuit · Dec 2, 2013

Qualified Immunity and “Clearly Established” Rights In addition to ruling against Volkman outright on the issue of constitutional protection, the district court found that the defendants were shielded by the doctrine of qualified … Governmental actors performing discretionary functions enjoy “qualified immunity,” meaning that they are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

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.”).

George Cooper, Sr. v. James Sheehan

735 F.3d 153 · Court of Appeals for the Fourth Circuit · Nov 7, 2013

Forsyth, seek to apply clearly established law to a given set of facts, we are properly vested with jurisdiction. See Johnson, 515 U.S. at 313. … As we have explained, “qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could