Case law

Dixon v. Baldwin

District Court, S.D. Illinois · Sep 25, 2023

Qualified Immunity Finally, Defendants argue that they are entitled to qualified immunity. … Qualified immunity shields government officials from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Carrero v. Farrelly

310 F. Supp. 3d 581 · District Court, D. Maryland · Apr 19, 2018

In other words, he is entitled to qualified immunity if the constitutional right at issue was not clearly established. … In determining whether a constitutional right is clearly established or not for purposes of qualified immunity courts must consider whether "any reasonable official in the defendant's shoes would have understood that he was

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.

GOFAN JUNIOR v. PEREKSTA

District Court, D. New Jersey · Mar 31, 2021

In the familiar qualified immunity analysis, the court asks “(1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that ‘it would [have … This though does not end this Court’s qualified immunity analysis.

Archuleta v. LaCuesta

128 N.M. 13 · New Mexico Court of Appeals · Jul 2, 1999

Such a person is entitled to qualified immunity from suit, however, if his or her action was objectively reasonable in light of clearly established law. See Yount v. … reasonably believed that the action was lawful in light of clearly established constitutional principles, see Anderson v.

Amy's Enterprises v. Sorrell

174 Vt. 623 · Supreme Court of Vermont · Dec 18, 2002

“[I]f the official’s conduct does not violate clearly-established rights of which a reasonable person would have known, the official is protected by qualified immunity from tort liability.” Id. … In the absence of any clearly established rules governing this situation, it cannot be said that no reasonable officers would not have acted in the same manner. ¶ 10.

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.”

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.

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.

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.

Marcus Blazek v. Juan Santiago

761 F.3d 920 · Court of Appeals for the Eighth Circuit · Aug 5, 2014

Qualified immunity shields a public official from liability for civil damages when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The officers are entitled to qualified immunity unless (1) the evi *923 dence, viewed in the light most favorable to Blazek, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established

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).

Brown v. The Gap Inc.

District Court, M.D. Pennsylvania · Sep 10, 2024

that right was clearly established.” … [on] the clearly-established prong of the standard.”).

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

Eric Thurairajah v. Bill Hollenbeck

925 F.3d 979 · Court of Appeals for the Eighth Circuit · Jun 3, 2019

The district court denied qualified immunity on both claims after concluding Trooper Cross’s arrest violated Thurairajah’s clearly established constitutional rights. II. … Qualified immunity will shield a state actor, like Trooper Cross, from legal liability unless: (1) he violated a constitutional right, and (2) that constitutional right was clearly established so that a reasonable officer

Cronin v. Peterson

288 F. Supp. 3d 970 · District Court, D. Nebraska · Jan 24, 2018

"Clearly established" for purposes of qualified immunity "should not be defined at a high level of generality ... [but] must be particularized to the facts of the case." Lyons v. … violated a clearly established constitutional right."

Ramirez v. Killian

113 F.4th 415 · Court of Appeals for the Fifth Circuit · Aug 15, 2024

When a defendant pleads qualified immunity as a defense, the plaintiff “must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established law. … light of “clearly established law.”

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

Burruss v. Riley

192 F. Supp. 3d 655 · District Court, W.D. Virginia · Jun 14, 2016

State officers are entitled to qualified immunity from civil liability for performing discretionary functions only insofar as their conduct “does not violate clearly established statutory or constitutional rights of which … To defeat qualified immunity in the mental health seizure context, a plaintiff must show that the “right allegedly violated was ‘clearly established’ in more than just a general sense.” Id.

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