Case law

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.”).

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.

Estate of Clemente Najera Aguirre v. County of Riverside

131 F.4th 702 · Court of Appeals for the Ninth Circuit · Mar 11, 2025

We have held “that the ‘clearly established’ prong of the qualified immunity analysis is a matter of law to be decided by a judge.” Reese v. Cnty. of Sacramento, 888 F.3d 1030, 1037 (9th Cir. 2018) (quoting Morales v. … Clearly Established Law Assessing qualified immunity after a jury verdict turns on the second, “clearly established” prong, which requires deference to the jury’s view of the facts. See A.D., 712 F.3d at 456.

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.

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.”

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

Douglas Fuqua v. Brett Turner

996 F.3d 1140 · Court of Appeals for the Eleventh Circuit · May 6, 2021

The District Court agreed that Collier was entitled to qualified immunity with respect to the federal claims because, assuming Collier violated Fuqua’s Fourth Amendment rights, the violation was not clearly established … 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 would have

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.

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

Randy Cole v. Michael Hunter

905 F.3d 334 · Court of Appeals for the Fifth Circuit · Sep 25, 2018

of the unlawfulness of his or her conduct. 16 The officer is entitled to qualified immunity if there is no violation, or if the conduct did not violate law clearly established at the time. 17 12 136 S. … established law. 21 We will not revisit the first part of the qualified immunity inquiry in connection with any of the Coles’ claims, nor the question of clearly established law as regards the Coles’ Fourteenth Amendment

Henry v. Purnell

428 F. Supp. 2d 393 · District Court, D. Maryland · Apr 21, 2006

Second, if the answer to the first question is yes, they are to further inquire “whether the right was clearly established.” Id. … Purnell does not contend that he is entitled to qualified immunity on the ground that it is not clearly established that shooting someone with a handgun in the belief that a Taser is being fired constitutes a Fourth Amendment

Harold E. Sivard, Jr. v. Pulaski County, Pulaski County Sheriff's Department, Charlotte Ward-Tillett, Individually and in Her Official Capacity

17 F.3d 185 · Court of Appeals for the Seventh Circuit · Feb 16, 1994

Qualified Immunity of Sheriff Ward-Tillett An analysis of qualified immunity is appropriate only after resolution of the purely legal question of whether Sivard has alleged a violation of a constitutional right. … Frantz, 754 F.2d 719 (7th Cir.1985), as clearly establishing that his detention was unconstitutional.

Pauley v. Anchorage School District

31 P.3d 1284 · Alaska Supreme Court · Oct 5, 2001

Where it is alleged that an official has violated a statute, qualified immunity may be overcome "if the officials have violated 'clearly established' law, unless the officials can prove that they non-negligently were not … In claims of excessive force brought against a police officer qualified immunity will be sustained if "a reasonable official could have believed the challenged conduct was lawful in light of clearly established law and the

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

Demetrius Hill v. C.O. Crum

727 F.3d 312 · Court of Appeals for the Fourth Circuit · Aug 14, 2013

We do possess jurisdiction to consider this appeal from the denial of qualified immunity to the extent that Crum claims that his conduct did not violate clearly established law. See Winfield v. … His argument is that he is entitled to qualified immunity because Hill’s claimed constitutional violation was not clearly established at the time of the assault.