Case law

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

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.”

Tuchman v. State

89 Conn. App. 745 · Connecticut Appellate Court · Jun 24, 2005

The plaintiffs claim that the court improperly concluded that it lacked subject matter jurisdiction to entertain the action on the basis of the doctrines of sovereign immunity, qualified immunity and statutory immunity. … “Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Marvin Mead v. Charles Palmer

794 F.3d 932 · Court of Appeals for the Eighth Circuit · Jul 24, 2015

In determining whether the defendants should receive qualified immunity, this court evaluates *936 (1) whether the facts alleged, construed in the light most favorable to [Mead], establish a violation of a constitutional … The district court denied qualified immunity to the nurse practitioners. Id.

Lucas v. The City of Reynoldsburg

District Court, S.D. Ohio · Jun 2, 2025

because they violated no clearly established right. … Thus, an official sued under 42 U.S.C. § 1983 is entitled to qualified immunity unless the plaintiff shows that the official violated a statutory or constitutional right that was “clearly established” at the time of the

Phoenician Mediterranean Villa, LLC v. Swope (In Re J & S Properties, LLC)

872 F.3d 138 · Court of Appeals for the Third Circuit · Sep 28, 2017

clearly established law. … “To overcome qualified immunity, a plaintiff must plead facts ‘showing (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct

Rodriguez v. County of Los Angeles

96 F. Supp. 3d 990 · District Court, C.D. California · May 29, 2014

immunity to officers who used Tasers in which courts held that Taser usage was not “clearly established.” … These theories arose from clearly established constitutional violations which, if proven, would disqualify a defendant from qualified immunity protections. Hope v.

Darnell Hines v. Ashrafe Youseff

914 F.3d 1218 · Court of Appeals for the Ninth Circuit · Feb 1, 2019

So for the officials here to lose qualified immunity, it would have to have been clearly established that treating people of all races the same violated the Equal Protection Clause. … So we conclude that the defendants are entitled to qualified immunity. The rights that the inmates claim were not clearly established when the officials acted. Granting leave to amend would be futile.

Krupien v. Ritcey

112 N.E.3d 302 · Massachusetts Appeals Court · Sep 26, 2018

"[T]he relevant inquiry on summary judgment as to the defense of qualified immunity is whether a reasonable official could have believed his actions were lawful, in light of clearly established law and the information possessed … established religious rights. 13 Therefore, the defendants were not entitled to qualified immunity.

Bryant v. Texas Department of Aging & Disability Services

781 F.3d 764 · Court of Appeals for the Fifth Circuit · Mar 25, 2015

A defense of qualified immunity is analyzed in two parts. “First, a court must decide whether a plaintiff’s allegation, if true, establishes a violation of a clearly established right.” Id. (citation omitted). … She has thus failed to show that the reassignment violated a clearly established right and Littleton is entitled to qualified immunity on this interference claim. 8  Case

Pasco Ex Rel. Pasco v. Knoblauch

566 F.3d 572 · Court of Appeals for the Fifth Circuit · Apr 28, 2009

The district court denied summary judgment based on its findings that Knoblauch had waived his qualified immunity defense by failing to raise it in a timely fashion, and that Knoblauch violated clearly established Fourth … facts amount to a violation of clearly established law.”

Arnzen v. State

123 Idaho 899 · Idaho Supreme Court · May 13, 1993

Thus, in order to determine whether Richardson, in his individual capacity, was entitled to qualified immunity, we must ask: 1. Was there a clearly established law; 2. … This prong of the qualified immunity analysis is a compound question: (1) did Arnzen have a clearly established right; and (2) did Richardson’s conduct violate it?

Estate of Seth Michael Zakora v. Troy Chrisman

44 F.4th 452 · Court of Appeals for the Sixth Circuit · Aug 10, 2022

Two factors lead us away, however, from deciding this case under the “clearly established” prong of qualified immunity for the first time on appeal. … No clearly established constitutional right. What ought to create a stop sign at step one of qualified immunity generates a grinding halt at step two.

Burke v. Glanz

292 F. Supp. 3d 1235 · District Court, N.D. Oklahoma · Nov 9, 2017

With respect to the second component of the qualified immunity analysis, to show clearly established law, a plaintiff must generally identify a Supreme Court or Tenth Circuit opinion which existed at the time of the alleged … Glanz also argues that he is entitled to qualified immunity.

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.

Haskell Greer v. City of Highland Park, Mich.

884 F.3d 310 · Court of Appeals for the Sixth Circuit · Mar 2, 2018

Page 2 qualified immunity. … DISCUSSION 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

Jeremy Boudoin v. Terral Harsson

962 F.3d 1034 · Court of Appeals for the Eighth Circuit · Jun 22, 2020

“Qualified immunity protects a government official from liability in a [§] 1983 action, unless the official’s conduct violates clearly established constitutional or statutory law of which a reasonable person would have known … In denying Harsson qualified immunity, the district court cited Nance v.

Ada Electric Cars, LLC v. Kemp

294 P.3d 448 · Supreme Court of Oklahoma · Dec 18, 2012

Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing: 1) that the official violated a statutory or constitutional right; and 2) that the right was "clearly established … advertising that its vehicles qualified. %8 Appellant has failed to demonstrate Appellees violated its clearly established right to freedom of speech in a manner that would enable Appellant to defeat Appel-lees' qualified