Case law

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.”

Estate of Seth Michael Zakora v. Troy Chrisman

44 F.4th 452 · Court of Appeals for the Sixth Circuit · Aug 10, 2022

Two factors lead us away, however, from deciding this case under the “clearly established” prong of qualified immunity for the first time on appeal. … No clearly established constitutional right. What ought to create a stop sign at step one of qualified immunity generates a grinding halt at step two.

Arnzen v. State

123 Idaho 899 · Idaho Supreme Court · May 13, 1993

Thus, in order to determine whether Richardson, in his individual capacity, was entitled to qualified immunity, we must ask: 1. Was there a clearly established law; 2. … This prong of the qualified immunity analysis is a compound question: (1) did Arnzen have a clearly established right; and (2) did Richardson’s conduct violate it?

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.

Haskell Greer v. City of Highland Park, Mich.

884 F.3d 310 · Court of Appeals for the Sixth Circuit · Mar 2, 2018

Page 2 qualified immunity. … DISCUSSION Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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

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.

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.

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

Sok Kong v. City of Burnsville

960 F.3d 985 · Court of Appeals for the Eighth Circuit · May 29, 2020

They are entitled to qualified immunity unless (1) the facts show a violation of a constitutional right, and (2) the right was clearly established at the time of the misconduct. See Pearson v. … Because a reasonable jury could decide the officers violated this clearly established right when they shot Kong, I would affirm the district court’s denial of qualified immunity.

Bailey v. Pataki

722 F. Supp. 2d 443 · District Court, S.D. New York · Jul 6, 2010

If either prong is missing, qualified immunity is warranted; however, the burden is on defendants to establish qualified immunity. … that were clearly established at the time it was taken.”

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 .

Traylor v. Gerratana

148 Conn. App. 605 · Connecticut Appellate Court · Mar 11, 2014

‘‘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 … Novarro, 624 F.3d 522, 530 (2d Cir. 2010); then qualified immunity applies.

Hughes v. Kisela

862 F.3d 775 · Court of Appeals for the Ninth Circuit · Nov 28, 2016

“In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established *783 at the time of the … [genuine factual] issues is crucial to a proper determination of the officers’ entitlement to qualified immunity,” and remanded the question whether the right was clearly established at the time of the alleged misconduct,

People v. Mazur

497 Mich. 302 · Michigan Supreme Court · Jun 11, 2015

Section 4 of the MMMA concerns immunity. A qualifying patient who receives a registry identification card is entitled to immunity, provided that certain conditions are met. MCL 333.26424(a). … The trial court’s contrary finding that “there is no evidence that she provided [marihuana paraphernalia] to a registered qualifying patient or registered caregiver” is clearly erroneous because elsewhere in its opinion the

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.

Brandon Pegg v. Grant Herrnberger

845 F.3d 112 · Court of Appeals for the Fourth Circuit · Jan 4, 2017

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could … Under West Virginia law, a police officer is not entitled to qualified immunity when his or her conduct results in a clearly established constitutional or statutory violation