Case law

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.

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.

Alvarez v. Worcester

District Court, D. Massachusetts · Mar 27, 2020

Qualified Immunity The Court declines to dismiss Counts II or V on qualified immunity grounds.8 These claims relate to the fabrication of evidence and malicious prosecution based on this evidence … Condon, 372 F.3d at 48, Defendants have not shown entitlement to qualified immunity at this stage in the litigation.

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

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

Swedlund v. Foster

657 N.W.2d 39 · South Dakota Supreme Court · Jan 15, 2003

Otherwise, the protection of qualified immunity is effectively lost if there must be a trial to establish that no trial is necessary. Saucier v. … The test articulated by this Court in Hart is similar: “To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable

Hill v. D.J. Taylor

District Court, N.D. Illinois · Jan 3, 2023

Defendants also assert that they are entitled to qualified immunity. A. … Qualified immunity is available to protect the Officers from liability unless it can be shown by Plaintiff that the Officers violated a clearly established right, based on closely analogous cases illustrating that the Officers

Ohio Civil Service Employees Association v. Richard P. Seiter

858 F.2d 1171 · Court of Appeals for the Sixth Circuit · Oct 4, 1988

The court stated that this decision added to the evidence that clearly established the protected right in this case. Until recently, the controlling Supreme Court case on qualified immunity, Wood v. … Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.”

Cheri Marie Hanson v. Daniel Best

915 F.3d 543 · Court of Appeals for the Eighth Circuit · Feb 8, 2019

We have jurisdiction to the extent that we may resolve “abstract questions of law related to the qualified- immunity determination—typically, whether the allegedly infringed federal right was clearly established.” … Therefore, the right at issue is not clearly established, and the officers are entitled to qualified immunity on Hanson’s excessive force claim.

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.

Hawkins v. State

117 N.C. App. 615 · Court of Appeals of North Carolina · Feb 7, 1995

Under the doctrine of qualified immunity, the plaintiff bears the burden of establishing that the right violated was clearly established. Clark v. Link, 855 F.2d 156, 160 (4th Cir. 1988). … Accordingly, defendants did not violate any clearly established due process rights in terminating plaintiff and defendants are entitled to qualified immunity as to plaintiff’s Fourteenth-Amendment due process claim. C.

Littles v. Commissioner of Correction

444 Mass. 871 · Massachusetts Supreme Judicial Court · Aug 12, 2005

The doctrine of qualified immunity generally shields public officials from liability for civil damages for the performance of discretionary functions, “insofar as their conduct does not violate clearly established statutory … if so, the inquiry shifts to whether the right was so clearly established *879 that it would be plain to a reasonable official that his conduct was unlawful.

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).

Suissa v. Fulton County, GA

74 F.3d 266 · Court of Appeals for the Eleventh Circuit · Feb 6, 1996

Because that component of qualified immunity is established, "the burden shifts to the plaintiff to demonstrate that the defendant "violated clearly established constitutional law.' " Id. … Just as no decision clearly establishes that the First Amendment is violated by an unsuccessful attempt to influence protected speech in general, none clearly establishes that it is violated by an unsuccessful attempt

Manzanares v. Roosevelt Cnty. Adult Det. Ctr.

331 F. Supp. 3d 1260 · District Court, D. New Mexico · Aug 30, 2018

Although the Tenth Circuit has recognized a sliding scale for qualified immunity's clearly established inquiry, see Casey v. … Fitzgerald , when the Supreme Court moved to an objective test, the clearly established prong became a part of the qualified immunity test.

Duca v. Martins

941 F. Supp. 1281 · District Court, D. Massachusetts · Aug 20, 1996

Since defendants are entitled to qualified immunity on their federal .claims, and Duca has not identified any distinct right clearly established by state law, defendants are also entitled to qualified immunity on his Massachusetts … As demonstrated in the present section of this opinion, the typical non-Fourth Amendment qualified immunity analysis focuses on whether the particular right implicated is "clearly established.”

Mohamed Elhassan Mohamed, M. v. Irving Indep. Sch. Dist.

300 F. Supp. 3d 857 · District Court, N.D. Texas · Mar 13, 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. … "[T]o evaluate the 'clearly established law' prong of the qualified immunity test, the court must ask whether, at the time of the incident, the law clearly established that such conduct would violate the right."

Robin Mayfield v. Butler Snow, L.L.P.

976 F.3d 482 · Court of Appeals for the Fifth Circuit · Sep 22, 2020

But in the context of qualified immunity, it is the plaintiff’s burden to establish that an allegedly violated right was clearly established. See, e.g., Wigginton v. Jones, 964 F.3d 329, 338 (5th Cir. 2020). … True, the Supreme Court has blessed our “sound discretion” to pivot solely on prong two of the qualified-immunity analysis. 1 And “clearly established law” is often outcome-determinative.

City of San Juan v. Gonzalez

22 S.W.3d 69 · Texas Court of Appeals, 13th District · Jun 1, 2000

the officers are entitled to qualified immunity under federal law as their actions in effecting appellee’s arrest were lawful in light of clearly established law and the information possessed by the officers at the time … If there is, we determine whether the government official’s “actions were objectively reasonable in light of clearly established law,” entitling him to qualified immunity. Id.

Christopher Majors v. City of West Des Moines

Court of Appeals for the Eighth Circuit · Jun 25, 2026

McCrystal, 708 F.3d 997, 1007–08 (8th Cir. 2013) (denying officer qualified immunity after plaintiff established a Franks violation), abrogation on other grounds recognized by Laney v. City of St. … establish probable cause if the allegedly false information were ignored.