Case law

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.”

Preslie Hardwick v. Marcia Vreeken

844 F.3d 1112 · Court of Appeals for the Ninth Circuit · Jan 3, 2017

The panel held that defendants’ case for qualified immunity was not supported by the law or the record. … “Clearly Established” An official “cannot be said to have violated a clearly established right unless the right’s contours were sufficiently definite that any reasonable official in [his or her] shoes would have understood

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.”

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.

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.

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.”

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 ...

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.

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

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.

Martin v. Curry

13 Neb. Ct. App. 171 · Nebraska Court of Appeals · Dec 7, 2004

, had qualified immunity. … “Whether an official may prevail in his or her qualified immunity defense depends upon the ‘ “objective reasonableness of [his or her] conduct as measured by reference to clearly established law.” ’ ” Id.

Campbell v. Anderson

156 N.C. App. 371 · Court of Appeals of North Carolina · Mar 4, 2003

of qualified immunity requires (1) identification of the specific right allegedly violated; (2) determining whether at the time of the alleged violation the right was clearly established; and (3) if so, then determining … Plaintiff sufficiently identified specific rights clearly established at the time of the violation and has met the first two prongs. The third prong of the test may require a factual analysis. See Roberts v.

United States v. May

Court of Appeals for the Sixth Circuit · Feb 23, 2005

The district court’s factual findings are upheld unless they are clearly erroneous, but its “legal conclusions as to the existence of probable cause are reviewed de novo.” United States v. … Greene, 250 F.3d 471, 480 (6th Cir. 2001) (“Sixth Circuit precedent clearly establishes that the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable.

Breidenbach v. Bolish

126 F.3d 1288 · Court of Appeals for the Tenth Circuit · Oct 10, 1997

Agent Gesi moved to dismiss the action on qualified immunity grounds, arguing that the plaintiffs failed to allege facts sufficient to demonstrate that Agent Gesi violated a clearly established constitutional right. … Once the defendant raises a qualified immunity defense, the plaintiff assumes the burden of showing that the defendant has violated clearly established law. See Pueblo Neighborhood Health Ctrs., Inc. v.

Estate of Madison Jody Jensen v. Clyde

989 F.3d 848 · Court of Appeals for the Tenth Circuit · Mar 2, 2021

right was clearly established at the time in question. … Jensen’s rights, those rights were not clearly established.

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

Shaniz West v. City of Caldwell

931 F.3d 978 · Court of Appeals for the Ninth Circuit · Jul 25, 2019

Principles Governing Qualified Immunity Police officers have qualified immunity for their official conduct unless (1) they violate a federal statutory or constitutional right and (2) that right was clearly established … established case law in qualified immunity cases.

Wetherbe v. Texas Tech University

138 F.4th 296 · Court of Appeals for the Fifth Circuit · May 20, 2025

is qualified immunity. … However, “the ‘clearly established’ qualified immunity standard . . . . does not require that causation be clearly established,” 40 so we need not address element four.

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.

Ed Rich v. Larry C. Dollar

841 F.2d 1558 · Court of Appeals for the Eleventh Circuit · Apr 15, 1988

damages action by qualified immunity pursuant to Harlow v. … However, these factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time of the challenged actions