Case law

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.

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.”

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

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.

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.

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.

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 ...

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.

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

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.

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.

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

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.”

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.

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

Rodriguez v. Tisch

688 F. Supp. 1530 · District Court, S.D. Florida · Jul 19, 1988

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … “Unless the plaintiff's allegations state a claim of violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Thomas v. City of Phila.

290 F. Supp. 3d 371 · District Court, E.D. Pennsylvania · Feb 2, 2018

Instead, the Court concludes that any procedural due process right is not (and was not at the relevant time) clearly established, meaning that the officers are entitled to qualified immunity in this case. A. … In any event, the real battle on the Brady count is qualified immunity: did police officers (as opposed to prosecutors) have clearly established Brady duties in 1993? In Gibson v.

Jetta Elliott v. Dusty Morgan, in His Official Capacity as a Deputy Sheriff of Boone County

603 S.W.3d 570 · Court of Appeals of Arkansas · May 13, 2020

Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know. Harlow v. … A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established

Tammy D. Scarbrough, Carol C. Davis v. Bryant Myles, Jr., Chuck Hall

245 F.3d 1299 · Court of Appeals for the Eleventh Circuit · Mar 29, 2001

Because Hall had arguable probable cause to arrest Scarbrough and Davis, he violated no clearly established law and is entitled to qualified immunity. 9 *1304 The district judge denied immunity to Myles, who was not involved … In addressing discretionary-function immunity and qualified immunity, our court has stated that "[ujnder both Alabama law and federal law, the core issue is whether a defendant violated clearly established law.”