Case law

Reece v. Groose

60 F.3d 487 · Court of Appeals for the Eighth Circuit · Jul 20, 1995

was clearly established. … We also held that Anderson was not entitled to qualified immunity, because the right allegedly violated, freedom from unreasonable searches, was clearly established.

Colbruno v. Kessler

928 F.3d 1155 · Court of Appeals for the Tenth Circuit · Jul 2, 2019

"Because qualified immunity establishes immunity from suit rather than a mere defense to liability, a district court's denial of a claim of qualified immunity is immediately appealable under 28 U.S.C. § 1291 ." Id. … Qualified Immunity There remains the question whether Defendants are entitled to qualified immunity. Was the law clearly established that their conduct (as alleged by Plaintiff) violated the Fourteenth Amendment?

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.”

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.

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.

Harper v. Lawrence County, Ala.

592 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Jan 6, 2010

Were Harper’s rights clearly established at the time? … Were Harper’s rights clearly established at the time?

Ramirez v. Killian

113 F.4th 415 · Court of Appeals for the Fifth Circuit · Aug 15, 2024

When a defendant pleads qualified immunity as a defense, the plaintiff “must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established law. … light of “clearly established law.”

Harvey v. Nichols

260 Ga. App. 187 · Court of Appeals of Georgia · Feb 27, 2003

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … Qualified immunity protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.

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.”

Haywood v. Alexander

121 So. 3d 972 · Supreme Court of Alabama · Feb 22, 2013

‘An official is entitled to qualified immunity if he is performing discretionary functions and his actions do “ ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Jenkins’s ‘complaint allege[s] the violation of a clearly established constitutional right.’ Ex parte Alabama Department of Youth Services, 880 So.2d at 402 .

Eric Thurairajah v. Bill Hollenbeck

925 F.3d 979 · Court of Appeals for the Eighth Circuit · Jun 3, 2019

The district court denied qualified immunity on both claims after concluding Trooper Cross’s arrest violated Thurairajah’s clearly established constitutional rights. II. … Qualified immunity will shield a state actor, like Trooper Cross, from legal liability unless: (1) he violated a constitutional right, and (2) that constitutional right was clearly established so that a reasonable officer

Peterson v. Bernardi

719 F. Supp. 2d 419 · District Court, D. New Jersey · Jun 15, 2010

Clearly Established Second, was the constitutional right at issue clearly established? … If ever an area of law were not “clearly established”, this area was not. See Brandt v.

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.

Moody v. City of Key West

805 So. 2d 1018 · District Court of Appeal of Florida · Dec 26, 2001

In order for the plaintiffs to overcome the claim of qualified immunity, the plaintiffs must show that the defendant officers violated clearly established law of *1022 which a reasonable person would have known. … As the case law has explained: For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it

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.

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.

Felicia Dean v. Stephen McKinney

976 F.3d 407 · Court of Appeals for the Fourth Circuit · Oct 2, 2020

The doctrine of qualified immunity The doctrine of qualified immunity—controversial, contested, and binding—is a familiar rule. 1 The doctrine shields the officer from suit unless his conduct violated “clearly established … But in doing so, the Court recognized that there was no clearly established law at the time of the crash in 2014 and granted qualified immunity. Id.

Wilkins v. City of Oakland

350 F.3d 949 · Court of Appeals for the Ninth Circuit · Nov 20, 2003

This general evaluation of the constitutionality of the alleged conduct, however, is not sufficient; we must also determine whether the actions alleged violate a clearly established constitutional right, where ‘clearly established … Even applying the step-by-step qualified immunity analysis outlined in Saucier, there is no question whether the officers’ actions in this case violated clearly established law. They did.

Frank Staples v. NH State Prison, Warden, et al.

2017 DNH 046 · District Court, D. New Hampshire · Mar 17, 2017

“Qualified immunity protects government officials from trial and monetary liability unless the pleaded facts establish ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly … Defendants respond that they are entitled to qualified immunity on this claim both because Staples does not have a clearly established constitutionally protected liberty interest in any particular housing assignment and

Weinstein v. City of North Bay Village

977 F. Supp. 2d 1271 · District Court, S.D. Florida · Sep 26, 2013

“Under the doctrine of qualified immunity, government officials acting within their discretionary authority are immune from suit unless the official’s conduct ‘violates clearly established federal statutory or constitutional … The Alleged Constitutional Violations Were Clearly Established For Weinstein to avoid qualified immunity, he must allege that Schwartz violated a clearly established law. See Keating, 598 F.3d at 762 .