Case law

Petcu v. State

86 P.3d 1234 · Court of Appeals of Washington · Mar 30, 2004

Finally, he argued that Smith was not entitled to qualified immunity because she violated Petcu's clearly established right to family unity. … Once a defendant asserts a defense of qualified immunity, the plaintiff must show that a clearly established constitutional right exists. Robinson, 119 Wash.2d at 65-66 , 830 P.2d 318 .

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.

Dennis v. City of Phila.

379 F. Supp. 3d 420 · District Court, E.D. Pennsylvania · May 15, 2019

Borough of Nesquehoning , 905 F.3d 711 , 719 (3d Cir. 2018) (explaining that the qualified immunity inquiry was whether the right at issue in that case was clearly established at the time the alleged conduct occurred). … They argue that because it was not clearly established in 1992 that police officers had any Brady obligations, the Defendant detectives are entitled to qualified immunity. Id.

Randall Ehlers v. Scott Dirkes

846 F.3d 1002 · Court of Appeals for the Eighth Circuit · Jan 25, 2017

statutory right; and (2) whether the right was clearly established at the time of the deprivation.” … A reasonable officer would not have understood the action in question to constitute excessive force.4 Thus, the law was not clearly established, and Rybak is entitled to qualified immunity. 4 Ehlers relies

Todd D'Braunstein v. Chp

131 F.4th 764 · Court of Appeals for the Ninth Circuit · Mar 12, 2025

But I depart from the majority in its “clearly established’ prong analysis of qualified immunity. … But for qualified immunity, the Supreme Court “has repeatedly told courts . . . not to define clearly established law at a high level of generality.” Kisela v.

Parent v. Kan. City Pub. Sch.

296 F. Supp. 3d 1111 · District Court, D. Kansas · Oct 31, 2017

Since qualified immunity requires an answer to both questions and this Court cannot answer whether there is a constitutional violation, this Court need not decide at this time whether the right was clearly established. … not clearly established.

Noble v. City of Camden

112 F. Supp. 3d 208 · District Court, D. New Jersey · Jun 29, 2015

Defendants are entitled to qualified immunity “if a reasonable officer could have believed that probable cause existed” to arrest Plaintiff “in light of clearly established law and the information the [arresting] '’ officers … of qualified immunity. .

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

Cline v. State, Division of Child & Family Services

539 Utah Adv. Rep. 33 · Court of Appeals of Utah · Nov 17, 2005

The Spiel-man court held that the section 1983 claims against Hildebrand were barred by qualified immunity because plaintiffs could not show a violation of any clearly established constitutional or statutory right. … Thus, the section 1983 claims against Forsyth are barred by qualified immunity because Cline cannot show a violation of any clearly established constitutional or statutory right. B.

Bledsoe v. Jefferson County

275 F. Supp. 3d 1240 · District Court, D. Kansas · Aug 4, 2017

Unless the official’s alleged conduct violated a clearly established constitutional right, qualified immunity applies. Id. … Morgan’s alleged conduct violated a clearly established constitutional right, qualified immunity shields him from suit. Id. Plaintiff alleges that Mr.

Williams v. Bitner

455 F.3d 186 · Court of Appeals for the Third Circuit · Jul 25, 2006

We are asked to determine whether, for the purposes of qualified immunity, the conduct alleged by Williams constituted a violation of his “clearly established” rights. … Long, 72 F.3d 70, 72-74 (8th Cir. 1995) (denying qualified immunity because Muslim inmates had a clearly established right not to be forced to handle pork); Kenner v.

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

Solis v. Serrett

31 F.4th 975 · Court of Appeals for the Fifth Circuit · Apr 21, 2022

“Qualified immunity shields public officials sued in their individual capacities from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “The qualified immunity inquiry includes two parts.

Henry v. Purnell

619 F.3d 323 · Court of Appeals for the Fourth Circuit · Sep 24, 2010

immunity defense based on whether the law is “clearly established” is a separate and required judicial action. 12 *337 The contours of that qualified immunity inquiry were laid out in Saucier. … Second, we have found no support for the proposition that a dissent may propound clearly established law for purposes of determining qualified immunity.

Tolliver v. Jordan

District Court, S.D. New York · Jul 1, 2021

Accordingly, on the facts before it, the Court cannot conclude that Defendants are entitled to qualified immunity. See, e.g., Hernandez v. Goord, 312 F. … Supp. 2d 537, 548-49 (S.D.N.Y. 2004) (defendants’ alleged improperly-motivated prison transfers in retaliation for inmate’s exercise of his First Amendment rights violated clearly established law, making qualified immunity

Fann v. Brailey

841 S.W.2d 833 · Court of Appeals of Tennessee · Jul 2, 1992

The Harlow court established an objective test to determine whether the state official enjoyed the qualified immunity: [Government officials performing discretionary functions generally are shielded from liability for civil … have a clearly established right not to have information about her prior involvement with the law revealed to the public?”

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

Byrd v. Middletown Board of Education

District Court, D. Connecticut · Nov 22, 2024

Qualified immunity, however, can shield “employees from civil liability under §1983 if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was objectively … Defendants argue that because there is an “open question” as to the standard that applies to such speech, there is no “clearly established right,” and qualified immunity is warranted for Dr. Vázquez Matos.

Bell v. Luna

856 F. Supp. 2d 388 · District Court, D. Connecticut · Mar 1, 2012

. § 1983 , and that they should in any case be granted qualified immunity, as Mr. Bell’s allegedly infringed rights were not ones clearly established at the time the actions took place. … The Second Circuit has not decided whether an unpublished summary order can serve to "clearly establish” the law for qualified immunity purposes. See David R.

Woosley v. City of Paris

591 F. Supp. 2d 913 · District Court, E.D. Kentucky · Dec 4, 2008

clearly established constitutional law. … Plaintiff has failed to establish that Cornett violated any clearly established right which belonged to him on these grounds.