Case law

Florine Ching v. Ofc. Neal Walsh

73 F.4th 617 · Court of Appeals for the Eighth Circuit · Jul 13, 2023

In a § 1983 action, an officer is entitled to qualified immunity unless: (1) the officer’s conduct violated a constitutional right, and (2) that right was clearly established. Manning v. … Because, after Jordan posed a threat to Walsh, it was not clearly established that Walsh’s continuous shooting, which lasted less than two seconds, violated a constitutional right, Walsh is entitled to qualified immunity.

Showalter v. North Carolina Department of Crime Control & Public Safety

183 N.C. App. 132 · Court of Appeals of North Carolina · May 1, 2007

Defendants argue the trial court erred in concluding that Trooper Emmons was not entitled to qualified immunity because the right which plaintiff alleges to have been violated was not clearly established at the time and because … The defense of qualified immunity shields government officials from personal liability “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

G.M. ex rel. B.M. v. Casalduc

982 F. Supp. 2d 1235 · District Court, D. New Mexico · Nov 4, 2013

When a defendant asserts qualified immunity at the summary judgment stage, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right, and (2) the constitutional right was clearly established … with police assistance is not clearly established).

July v. Penzone

District Court, D. Arizona · Apr 5, 2021

complaint or portion thereof if a plaintiff 7 has raised claims that are legally frivolous or malicious, that fail to state a claim upon which 8 relief may be granted, or that seek monetary relief from a defendant who is immune … Lockyer, 568 F.3d 1063, 1070 (9th 23 Cir. 2009) (finding defendants entitled to qualified immunity because “[violations of] state 24 departmental regulations do not establish a federal constitutional violation”). 25

Kostic v. Texas A & M University at Commerce

11 F. Supp. 3d 699 · District Court, N.D. Texas · Mar 31, 2014

Qualified Immunity “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 … Even if the right was clearly established at the time of the alleged violation, a defendant will still be entitled to qualified immunity if the defendant’s conduct was “objectively reasonable in light of ‘clearly established

Cunningham v. Kramer

178 F. Supp. 3d 999 · District Court, E.D. California · Apr 15, 2016

The doctrine of qualified immunity protects government officials from civil liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … O’Neill held that,'under circumstances substantially identical to those asserted here, Defendants are entitled to qualified immunity on the ground that law was not “clearly established” that inmates have a constitution right

Jackson v. State Ex Rel. Dept. of Corrs.

785 So. 2d 803 · Supreme Court of Louisiana · May 15, 2001

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. … If the court determines that the law was clearly established at the time the action occurred, the Harlow analysis requires the public official claiming immunity to show that, because of extraordinary circumstances, "he neither

Patrick Russell v. Jocelyn Lumitap

31 F.4th 729 · Court of Appeals for the Ninth Circuit · Apr 13, 2022

, but instead argued that they were entitled to qualified immunity because they did not violate Russell’s clearly established constitutional rights on the record taken in the light most favorable to Russell. … An officer is entitled to qualified immunity unless the unlawfulness of his conduct was clearly established at the time that he acted,40 and the law at the time that the defendants acted was different than it is now.

Bearman v. California Medical Board

176 Cal. App. 4th 1588 · California Court of Appeal · Aug 26, 2009

In determining whether supervisor has qualified immunity, we “undertake a two-step analysis: ‘(1) Was the law governing the official’s conduct clearly established? … To avoid the qualified immunity defense, appellant must show that supervisor’s conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known. [Citations.]”

Slade v. Vernon

110 N.C. App. 422 · Court of Appeals of North Carolina · Jun 1, 1993

The sole question upon review is whether the trial court erred in denying defendants’ summary judgment motion based upon public officers’ immunity, governmental immunity and qualified immunity. … In general, qualified immunity protects public officials from personal liability for performing discretionary functions insofar as their conduct does not violate “ ‘clearly established statutory or constitutional rights of

Harmon v. Dall. Cnty.

294 F. Supp. 3d 548 · District Court, N.D. Texas · Feb 20, 2018

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. … 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.

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

Wood v. City of Alamogordo

8 N.M. Ct. App. 43 · New Mexico Court of Appeals · Feb 24, 2015

Qualified Immunity, Clearly Established Law, and Trujillo 2 {7} We begin by addressing Wood’s argument that the district court erred in 3 concluding he failed to establish that Trujillo violated clearly established … New Mexico Board of Examiners of Optometry to argue 10 that Trujillo violated clearly established law and is therefore not entitled to qualified 11 immunity. 1979-NMSC-005, 92 N.M. 414, 589 P.2d 198.

Rooks v. State ex rel. Oklahoma Corp. Commission

64 O.B.A.J. 39 · Court of Civil Appeals of Oklahoma · Nov 24, 1992

The presumption of immunity is in favor of the government officials and is not overcome unless it is shown that they violated clearly established law or constitutional rights of which the reasonable official should have known … There is a presumption of qualified immunity unless it is shown that the official’s conduct violates clearly established statutory or constitutional rights. McLin v. Trimble, supra, at 1041 , citing Mitchell v.

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.

Belizaire v. City of Miami

944 F. Supp. 2d 1204 · District Court, S.D. Florida · Apr 16, 2013

Belizaire has failed to satisfy her burden of alleging the violation of a clearly established constitutional right, the Court finds that the officers are entitled to qualified immunity. First, Ms. … Belizaire fails to allege the violation of a clearly established right, Expósito is entitled to qualified immunity. See Bailey v.

Jimerson v. Lewis

94 F.4th 423 · Court of Appeals for the Fifth Circuit · Feb 1, 2024

Indeed, it is useful to divide this second component of qualified immunity into two questions: “whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so … established law for qualified immunity analysis.”

Montelongo v. City of Modesto

District Court, E.D. California · Jun 15, 2021

Qualified Immunity 22 Qualified immunity shields officials from civil liability where a reasonable officer would 23 not have known that his conduct violated a clearly established right. … established law.”). 24 Officer Wallace is not entitled to summary judgment based on qualified immunity 25 because, as established previously, there is a material issue of fact as to whether Officer Wallace 26

Christopher Sandknop v. Brian O'Connell

932 F.3d 739 · Court of Appeals for the Eighth Circuit · Aug 5, 2019

Dismissing a case on a 12(b)(6) motion for reasons of qualified immunity is appropriate when the “immunity is established on the face of the complaint.” Ulrich v. … An official is entitled to the affirmative defense of qualified immunity “unless the evidence establishes (1) that a plaintiff’s constitutional rights have been violated, and (2) those rights were so clearly established at

West Virginia Division of Corrections and Rehabilitation v. Billie Taylor

West Virginia Supreme Court · May 2, 2023

Furthermore, the circuit court found questions of fact existed about qualified immunity, namely whether DOCR violated clearly established rights of the respondent about which a reasonable person would have known, or acted … When weighing the evidence regarding qualified immunity at the summary judgment stage, a court is guided by the following standard: The ultimate determination of whether qualified or statutory immunity bars