Case law

Holcomb v. McCraw

262 F. Supp. 3d 437 · District Court, W.D. Texas · Jun 27, 2017

Qualified Immunity Qualified immunity shields “government officials performing discretionary functions” from civil liability for claims under federal law “insofar as their conduct does not violate clearly established statutory … Even if an official’s conduct violates a clearly established right, the official is “nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v.

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.

McMullen v. Starkville Oktibbeha Consolidated School District

200 F. Supp. 3d 649 · District Court, N.D. Mississippi · Jul 29, 2016

To raise qualified immunity, “[a]n officer need only plead his good faith, which then shifts the burden to the plaintiff, who must rebut the defense by establishing that the officer’s allegedly wrongful conduct violated clearly … A civil rights “plaintiff can overcome a qualified immunity defense by 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

Kevin M. Leckelt v. Board of Commissioners of Hospital District No. 1

909 F.2d 820 · Court of Appeals for the Fifth Circuit · Aug 28, 1990

Thus, the district court was not clearly erroneous in finding that Leekelt failed to establish that he was discriminated against solely because of a perception that he was infected with HIV. … We are unable to conclude that the district court was clearly erroneous in finding that Leckelt did not establish pretext. C.

Thomas Cannon v. Village of Bald Head Island

891 F.3d 489 · Court of Appeals for the Fourth Circuit · May 30, 2018

“Because the first two prongs of the test are questions of law, an employer is entitled to qualified immunity if either prong cannot be resolved under clearly established law.” Crouse, 848 F.3d at 583. … In sum, under our qualified immunity analysis, at the time of the disclosures this Court’s precedent clearly established that the allegedly stigmatizing statements were made public by Peck.

Heller v. Plave

743 F. Supp. 1553 · District Court, S.D. Florida · Jul 18, 1990

Qualified Immunity Qualified immunity insulates government officials from personal liability for actions within their discretionary authority. Harlow v. … Whether an official is entitled to qualified immunity requires two inquiries: (1) whether the law was clearly established at the time of the alleged misconduct; and, (2) whether the alleged misconduct violated that clearly

Jones v. Marcum

197 F. Supp. 2d 991 · District Court, S.D. Ohio · Mar 11, 2002

is per se violative of a “clearly established” right. … The ultimate, more particularized question in the qualified immunity context is whether Jones’ had a clearly established right under the facts as he states them. This case falls into the realm of Brandenburg .

Jim Nahas v. Polk County, Iowa

Supreme Court of Iowa · Jun 9, 2023

The “clearly established” standard is thus inherently backward-looking. … Further, whether the law was clearly established is inextricably intertwined with the new qualified immunity defense and only relevant to this case to the extent the new qualified immunity defense is operative in this

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.

Clark v. Louisville Jefferson County Metro Government

District Court, W.D. Kentucky · Jan 4, 2024

“Qualified immunity protects public officials from civil liability for damages when their conduct does not violate the plaintiff’s ‘clearly established statutory or constitutional rights of 8 Plaintiffs also move to exclude … Mills, 869 F.3d at 486 (noting the right to be clearly established as of 1992); Moldowan, 578 F.3d at 382 (recognizing that the right was clearly established in 1990); cf.

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."

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.

W. Va. Regional Jail and Correctional Facility Authority v. A.B.

West Virginia Supreme Court · Mar 27, 2014

[the West Virginia Governmental Tort Claims and Insurance Reform Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which … Code, 29-12A-1, et seq. is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable

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.

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

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.

Martin v. Haas

556 S.W.3d 509 · Supreme Court of Arkansas · Oct 11, 2018

That case is clearly not on point. … elections in this State are legally qualified to vote in such elections" modifies the requirement of "establish[ing] a system of permanent personal registration."

Jennifer L. Burbridge v. Marcus Biggins

2 F.4th 774 · Court of Appeals for the Eighth Circuit · Jun 25, 2021

“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Alternatively, Appellants argue that they are entitled to qualified immunity because it was not clearly established in this circuit whether the intracorporate conspiracy doctrine applied to bar § 1983 conspiracy claims.

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.