Case law

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.

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.

Lee Rice, II v. Dale Morehouse

989 F.3d 1112 · Court of Appeals for the Ninth Circuit · Mar 8, 2021

CLEARLY ESTABLISHED LAW The district court held that even if Morehouse and Shaffer used excessive force, they were entitled to qualified immunity. … MOREHOUSE denying the officer qualified immunity, we said that the “right to be free of excessive force was clearly established” at the time of Emmons’s arrest in 2013. Emmons v. City of Escondido, 716 F.

Shoemaker v. Smith

353 Md. 143 · Court of Appeals of Maryland · Mar 10, 1999

'abstract issu[e] of law’ relating to qualified immunity ... … —typically, the issue whether the federal right allegedly infringed was 'clearly established. ..

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

Forney v. Purvis

190 Ga. App. 192 · Court of Appeals of Georgia · Jan 13, 1989

“[T]he appealable issue [on a claim for qualified immunity] is a purely legal one: whether the facts alleged (by the' plaintiff, or, in some cases, the defendant) support a claim of violation of clearly established law.” … If, as plaintiff alleges, defendants denied her equal protection of the law because of her union membership, then their conduct was violative of clearly established law and would not be protected by qualified immunity from

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.

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

Jain v. Bd. Of Educ. Of Butler School Dist. 53

366 F. Supp. 3d 1014 · District Court, E.D. Illinois · Mar 12, 2019

. 5 In general, qualified immunity shields public officials from liability for civil damages " 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … of qualified immunity. 6 C.

Daily Services, LLC v. Tracy Valentino

756 F.3d 893 · Court of Appeals for the Sixth Circuit · Jun 26, 2014

Qualified Immunity’s Clearly Established Law and Parratt Our qualified immunity analysis first addresses the sole basis for the district court’s decision: whether Daily Services’ claimed constitutional right was “clearly … The applicability of Parratt , then, is irrelevant to the clearly established prong of the qualified immunity analysis.

Ruffins v. DEPARTMENT OF CORRECTIONAL SERVICES

701 F. Supp. 2d 385 · District Court, E.D. New York · Mar 31, 2010

“clearly established federal law” for the purposes of qualified immunity. … At the time the Second Circuit had Earley before it for consideration, the relevant law may have been clearly established for the purposes of AEDPA and not clearly established for the purposes of qualified immunity.

Harvey v. Nichols

260 Ga. App. 187 · Court of Appeals of Georgia · Feb 27, 2003

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … Qualified immunity protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.

Livant v. Clifton

334 F. Supp. 2d 321 · District Court, E.D. New York · Sep 7, 2004

Qualified Immunity Qualified immunity is a three step analysis. Wilson v. Layne, 526 U.S. 603, 609 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999). … Then, [the Court] consider[s] if the violated right was clearly established at the time of the conduct. Finally, if plaintiff had a clearly established, constitutionally protected right that was violated ...

Linton v. Zorn

135 F.4th 19 · Court of Appeals for the Second Circuit · Apr 24, 2025

Linton contends “that Amnesty America clearly established law for qualified immunity purposes.” Appellant Br. at 30 n.8. … Town of West Hartford clearly established a right for qualified immunity purposes, consistent with our holding in Edrei v.

Carradine v. State

494 N.W.2d 77 · Court of Appeals of Minnesota · Dec 29, 1992

legal rules that were ‘clearly established’ at the time it was taken.” … Carradine failed to show the search of his person was conducted with excessive force or violated any clearly established law.

Robert Reese, Jr. v. County of Sacramento

888 F.3d 1030 · Court of Appeals for the Ninth Circuit · Apr 23, 2018

Rose’s entitlement to qualified immunity therefore turns on whether Reese’s right was clearly established at the time of the incident in 2011. … Ct. at 310 (quotation marks omitted).1 Absent a showing by Reese that the right was clearly established at the time, Rose is entitled to qualified immunity on the Fourth Amendment excessive force claim.

Shelly Ioane v. Jean Noll

903 F.3d 929 · Court of Appeals for the Ninth Circuit · Sep 10, 2018

Clearly Established The second part of the qualified immunity test requires us to determine whether, at the time of Agent Noll’s actions in June 2006, the law was clearly established. … But the existence of a constitutional violation alone is insufficient to deny qualified immunity—we must find that the right at issue was “clearly established.”

The West Virginia State Police, Department of Military Affairs v. J.H., a Minor, by and through His Parent and Next Friend, L.D.

West Virginia Supreme Court · Mar 26, 2021

it violated a clearly established law or right in performing its discretionary functions. … Next, we must move forward in the qualified immunity analysis and determine whether J.H. has alleged that the acts of the Trooper Defendants were in violation of clearly established statutory or constitutional rights or

Trujillo v. City of Hobbs

District Court, D. New Mexico · Jan 14, 2020

In response, Trujillo contends Defendants frame the “clearly-established prong of the qualified immunity standard” using “self-serving” evidence and testimony provided by Officer Hopper, ignoring the legal mandate that … Under Garner and its progeny, the Court finds Trujillo has satisfied the second prong of the qualified immunity analysis: it was clearly established that a police officer may not shoot an unarmed man standing more than

Tom Johnson v. Patrick McCarver

942 F.3d 405 · Court of Appeals for the Eighth Circuit · Nov 1, 2019

was clearly established at the time of the incident. … McCarver and LaLuzerne violated Johnson’s clearly established right and qualified immunity does not apply.