Case law

Lynch v. Ackley

811 F.3d 569 · Court of Appeals for the Second Circuit · Jan 28, 2016

Held, the district court erred in 24 denying qualified immunity because there was no clearly established precedent at the time of the 25 defendant’s conduct that her conduct violated constitutional norms. … immunity because of the absence of clearly settled law to that effect at the time of the conduct.

Henry v. Dinelle

929 F. Supp. 2d 107 · District Court, N.D. New York · Mar 8, 2013

Scherer, 468 U.S. 183, 190 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) ("Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless … Templeton, 505 F.3d 161, 169-70 (2d Cir.2007) ("[Ejven where the law is 'clearly established’ and the scope of an official's permissible conduct is 'clearly defined,' the qualified immunity defense also protects an official

Tormasi v. Lanigan

363 F. Supp. 3d 525 · District Court, D. New Jersey · Jan 28, 2019

could clearly establish a right for purposes of qualified immunity." *538 Mammaro v. … clearly established right to circumcision."

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.

Ex Parte Madison County Bd. of Education

1 So. 3d 980 · Supreme Court of Alabama · Jun 27, 2008

Foltz, 370 F.3d 1079 (11th Cir. 2004), the United States Court of Appeals for the Eleventh Circuit held that, to overcome qualified immunity, not only must the government official violate a clearly established statutory or … Foltz, 370 F.3d 1079 (11th Cir.2004), the United States Court of Appeals for the Eleventh Circuit held that, to overcome qualified immunity, not only must the government official violate a clearly established statutory or

Morris v. Huebsch

3 F. Supp. 3d 746 · District Court, W.D. Wisconsin · Feb 28, 2014

Qualified Immunity Qualified immunity shields government officials from suit for “performing discretionary functions in the course of duty to the extent that their conduct does not violate clearly established statutory or … Under the second prong, the plaintiff must show that “the right was clearly established.” Id. Whether a right was clearly established at the relevant time is a question of law, Lewis v.

Johnson v. El Paso Cty Sheriff

51 F.3d 1041 · Court of Appeals for the Fifth Circuit · Mar 20, 1995

-2- their original answer on March 23 raising the affirmative defenses of absolute and qualified immunity. … For a defendant pleading qualified immunity to be liable, the defendant official's conduct must have violated "clearly established statutory or constitutional rights of which a reasonable person would have known."

Farrell Ex Rel. Farrell v. Transylvania County Bd. of Educ.

199 N.C. App. 173 · Court of Appeals of North Carolina · Aug 18, 2009

As this Court stated, “ ‘[qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct does not violate clearly established statutory or constitutional … Because Wohler’s alleged conduct violates a clearly established constitutional right to bodily integrity, of which defendant would have known, she is not entitled to the benefits of federal qualified immunity.

Amber Jackson v. Cody Swanger

97 F.4th 1343 · Court of Appeals for the Eleventh Circuit · Apr 5, 2024

An officer exercising a dis- cretionary function is entitled to qualified immunity on a claim that his investigatory stop violated the Fourth Amendment unless “he was violating clearly established law.” … Brandt’s assertion that he did not violate clearly established law when he stopped the vehicle is a “core qualified immunity is- sue[].” Cottrell, 85 F.3d at 1484 (quotation marks omitted).

Boyler v. City of Lackawanna

287 F. Supp. 3d 308 · District Court, W.D. New York · Feb 27, 2018

the right was clearly established at the time of the challenged conduct.' " McGowan v. … To this point, "[a]n officer is entitled to qualified immunity if he can establish that there was 'arguable probable cause' to arrest." Adebiyi v.

Shane v. County of San Diego

District Court, S.D. California · Jun 16, 2023

If a right is not clearly established, the defendant is 8 entitled to qualified immunity. Lawrence v. U.S., 340 F.3d 952, 956 (9th Cir. 2003). … Cty. of Santa Barbara, 868 F.3d 1110, 1117 (9th Cir. 2017) (holding that qualified 4 immunity applies if no clearly established law exists on the issue); see also White, 580 U.S. 5 at 79 (noting that clearly established

Fuqua v. Turner

District Court, N.D. Alabama · Aug 29, 2019

“Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Lee v. … Fugue [sic] to show that marshal Collier’s [sic] actions violated clearly established constitutional law.”)). The burden therefore shifts to plaintiff “to show that qualified immunity is not appropriate.”

Nilesh S. Patel v. James Smith

969 F.3d 1173 · Court of Appeals for the Eleventh Circuit · Aug 11, 2020

qualified immunity. … immunity—that is, whether the right that Patel alleges was clearly established.

Summerville v. City of Forest Park

128 Ohio St. 3d 221 · Ohio Supreme Court · Dec 27, 2010

Chapter 2744 or another provision of the law, including federal qualified immunity. … immunity if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Shannon v. Koehler

616 F.3d 855 · Court of Appeals for the Eighth Circuit · Aug 17, 2010

unlawfulness of his conduct was not clearly established. … The defendants filed a notice of appeal setting out three issues: “(1) qualified immunity and whether the law was clearly established; (2) Monell liability; and (3) reversal of the Order bifurcating the . . . claims [against

Kerr v. Puckett

967 F. Supp. 354 · District Court, E.D. Wisconsin · May 21, 1997

Once a defendant has raised a qualified immunity defense, the plaintiff bears the burden of demonstrating the violation of a clearly established right. See Kernats, 35 F.3d at 1176 (citing Rakovich, 850 F.2d at 1209 ). … Consequently, these Defendants are entitled to qualified immunity from Kerr’s suit for damages on his Establishment Clause claims.

Lawless v. Sadeck

63 F.4th 61 · Court of Appeals for the First Circuit · Mar 22, 2023

, concluding that it is clearly established that a “sham” disciplinary hearing does not satisfy due process. … established law for purposes of our qualified immunity inquiry.

Drennon v. Blades

District Court, D. Idaho · Dec 26, 2019

The doctrine of qualified immunity protects state officials from personal liability for on-the-job conduct so long as the conduct is objectively reasonable and does not violate an inmate’s clearly-established federal … ”; and (2) whether that right was clearly established.

Arcoren v. Peters

627 F. Supp. 1513 · District Court, D. South Dakota · Feb 13, 1986

The qualified immunity defense applies equally to RzVews-styled constitutional tort actions and cases brought pursuant to 42 U.S.C. § 1983 . Butz, 438 U.S. at 500-01 , 98 S.Ct. at 2907-08 . Clearly Established Rights. … Having violated no clearly established statutory or constitutional rights of plaintiff, the individual defendants must be dismissed on the basis of qualified immunity. 1 .

Jody Lombardo v. City of St. Louis

38 F.4th 684 · Court of Appeals for the Eighth Circuit · Jun 29, 2022

In concluding that the officers were entitled to qualified immunity due to the lack of a clearly established right, we stated that, under the cases in this circuit addressing prone restraint, “there is no clearly established … Because the right at issue was not clearly established, the officers are entitled to qualified immunity.