Case law

Anderson v. Vasquez

District Court, M.D. Florida · Sep 30, 2019

To avoid summary judgment based on qualified immunity, a plaintiff must show both that the defendant violated a federal right and that the right was already clearly established in light of the circumstances that occurred … “The burden of showing that an officer violated clearly established law falls on the plaintiff, and a plaintiff’s citation of general rules or abstract rights is insufficient to strip a 1983 defendant of his qualified immunity

Hanes v. Zurick

578 F.3d 491 · Court of Appeals for the Seventh Circuit · Aug 18, 2009

that right was clearly established. … ” the court indicated that the right was clearly established.

Maldonado v. Fontanes

568 F.3d 263 · Court of Appeals for the First Circuit · Jun 4, 2009

It is clear from the Supreme Court's description of the second, "clearly established" step of the qualified immunity analysis that the second step, in turn, has two aspects. … These are principles of law, and the law was sufficiently recognized by courts to be clearly established. See Wilson v.

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.”

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

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

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.

Jonathan Capp v. County of San Diego

940 F.3d 1046 · Court of Appeals for the Ninth Circuit · Oct 4, 2019

clearly established. … Clearly Established Having determined that Plaintiffs plead a plausible First Amendment retaliation claim, we now move to the second prong of the qualified immunity analysis: whether “the right at issue was ‘clearly

United Pet Supply, Inc. v. City of Chattanooga, Tennessee

768 F.3d 464 · Court of Appeals for the Sixth Circuit · Sep 18, 2014

An assertion of qualified immunity may be overcome if the defendants violated a clearly established constitutional right. … Accordingly, the seizure violated a clearly established Fourth Amendment right, and so Walsh is not entitled to qualified immunity on this claim. III.

Schlicher v. Board of Fire & Police Commissioners

363 Ill. App. 3d 869 · Appellate Court of Illinois · Mar 6, 2006

The Supreme Court has explained the concept of a “clearly established” constitutional right in the context of a qualified immunity claim as follows: “ ‘[Cjlearly established’ for purposes of qualified immunity means that … Because “it is well established that the qualified immunity doctrine does not apply to official capacity claims” (Ruffino v.

Navarro v. Block

250 F.3d 729 · Court of Appeals for the Ninth Circuit · May 11, 2001

After reviewing the legal standards for qualified immunity, the court held: [T]he law is not clearly established that a policy of indemnifying punitive damage awards violates constitutional rights.... … Though much of the analysis under qualified immunity and the merits of a § 1983 claim overlaps, the issue of whether a right is “clearly established” is relevant only to qualified immunity.

A.N. v. Alamogordo Police Department

928 F.3d 1191 · Court of Appeals for the Tenth Circuit · Jul 8, 2019

P. 12(b)(6) based on qualified immunity. … In other words, “[g]eneral statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.”

Sok Kong v. City of Burnsville

960 F.3d 985 · Court of Appeals for the Eighth Circuit · May 29, 2020

They are entitled to qualified immunity unless (1) the facts show a violation of a constitutional right, and (2) the right was clearly established at the time of the misconduct. See Pearson v. … Because a reasonable jury could decide the officers violated this clearly established right when they shot Kong, I would affirm the district court’s denial of qualified immunity.

Rowe v. Carson

911 F. Supp. 389 · District Court, D. Nebraska · Jan 12, 1996

Qualified Immunity Qualified immunity is an affirmative defense, Mahers v. … Furthermore, I find that even if the plaintiffs right was clearly established, under the third step of the qualified immunity enquiry a reasonable probation officer would not have understood that his actions violated that

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.”

Harris v. Parrish

552 S.W.3d 475 · Court of Appeals of Arkansas · Jun 6, 2018

right is clearly established, and raised a genuine issue of fact as to whether the official should have known that the conduct violated such established rights. … We hold that Parrish's constitutional rights were clearly established prior to Harris's actions in question. In Shannon v.

Jennings v. Hinkle

115 N.M. 387 · New Mexico Court of Appeals · Mar 26, 1993

We hold that the officers did not violate clearly established law and, thus, had qualified immunity from Section 1983 liability. Accordingly, we affirm. … They retain the shield of qualified immunity as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Jerry Nelson v. Keyvon Sellers

89 F.4th 1289 · Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

Bailey v. Pataki

722 F. Supp. 2d 443 · District Court, S.D. New York · Jul 6, 2010

If either prong is missing, qualified immunity is warranted; however, the burden is on defendants to establish qualified immunity. … that were clearly established at the time it was taken.”

Harris v. City of New York

222 F. Supp. 3d 341 · District Court, S.D. New York · Dec 2, 2016

Qualified immunity exists to protect government employees from civil liability where performance of their discretionary functions “does not violate clearly established statutory or constitutional rights of which a reasonable … Probable cause is no defense to such a claim, Zahrey, 221 F.3d at 355 , and qualified immunity is unavailable where “the action violates an accused’s clearly established constitutional rights, and no reasonably competent