Case law

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.

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.

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 ...

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.”

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.

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

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.”

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.

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

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.”