Case law

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?”

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.

McKally v. Perez

87 F. Supp. 3d 1310 · District Court, S.D. Florida · Feb 6, 2015

Once the affirmative defense of qualified immunity is asserted, “unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before … Alvereze, 498 Fed.Appx. 867, 872 (11th Cir.2012) (noting “a defense of qualified immunity may be addressed in a motion to dismiss, which will be granted if the complaint.fails to allege the violation of a 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

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.

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.

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

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.

Boggs v. Pearson

2021 S.D. 44 · South Dakota Supreme Court · Jul 28, 2021

“Qualified immunity shields a government official from liability and the burdens of litigation in a § 1983 action for damages unless the official’s conduct violated a clearly established constitutional or statutory right … immunity because it was not clearly established that their actions were unlawful.”

Talley v. Brentwood Union Free School District

728 F. Supp. 2d 226 · District Court, E.D. New York · Aug 4, 2010

Qualified Immunity in General “Qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … “[E]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable’ for him at

J.H. v. West Virginia Division of Rehabilitation Services

224 W. Va. 147 · West Virginia Supreme Court · Jul 27, 2009

Va.Code, 29-12A-1, et seq., 11 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 official would have known. … Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading immunity is entitled to dismissal before the commencement of discovery.”

Joshua Paul English v. Officer Jonathan Fowler

75 F.4th 1151 · Court of Appeals for the Eleventh Circuit · Jul 27, 2023

They argued that they are entitled to qualified immunity from the claim of ex- cessive force. … that violated clearly established law.”

Karen Heeter v. Kenneth Bowers

99 F.4th 900 · Court of Appeals for the Sixth Circuit · Apr 29, 2024

Clearly Established Law on Excessive Force The next step of the qualified immunity analysis asks us to determine whether the law was clearly established at the time of the violation. … This standard overlaps with our qualified immunity analysis because officers act in a “wanton or reckless” manner when they violate an individual’s clearly established constitutional rights.

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 ...

Wilson v. Maricopa County

484 F. Supp. 2d 1015 · District Court, D. Arizona · Dec 19, 2006

This right is clearly established. … Denial of Qualified Immunity on Summary Judgment.

Anthony Gibson v. Jeffrey Kilpatrick

773 F.3d 661 · Court of Appeals for the Fifth Circuit · Dec 11, 2014

was clearly established. … Qualified Immunity A.

Kirstin Johnson v. Kierstie Barr

79 F.4th 996 · Court of Appeals for the Ninth Circuit · Jul 6, 2023

the law did not clearly establish that probable cause was lacking. … law did not clearly establish that probable cause was lacking.

Dorwart v. Caraway

312 Mont. 1 · Montana Supreme Court · Oct 30, 2002

established. … There we held that the law on which Dorwart relied in asserting his federal claim was not clearly established at the time that it was violated.

Phillip Turner v. Driver

848 F.3d 678 · Court of Appeals for the Fifth Circuit · Feb 16, 2017

The court reasoned that Turner failed to meet his burden of showing that the defendants were not entitled to qualified immunity because he failed to show that their actions violated any of his clearly established statutory … violates that right.” 17 Thus, the right must already be clearly established “at the time of the challenged conduct.” 18 When considering whether a defendant is entitled to *686 qualified immunity, the court “must ask whether