Case law

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.

Hill v. Quigley

336 F. Supp. 3d 283 · District Court, S.D. Illinois · Aug 28, 2018

Plaintiff also argues that references to "immunity" within the charge improperly invited the jury to speculate on the question of qualified immunity. The word "immunity" appeared twice in my charge. … The reference to "immunity" did not muddle the applicable legal standards. The doctrine of qualified immunity is a question of law for the Court, see Hunter v.

Jennings v. Hinkle

115 N.M. 387 · New Mexico Court of Appeals · Mar 26, 1993

We hold that the officers did not violate clearly established law and, thus, had qualified immunity from Section 1983 liability. Accordingly, we affirm. … They retain the shield of qualified immunity as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Ramona Hinojosa v. Brad Livingston

807 F.3d 657 · Court of Appeals for the Fifth Circuit · Nov 18, 2015

If true, this would defeat a qualified immunity defense, because it would establish that Defendants subjected Hinojosa to extreme temperatures without adequate remedial measures, in violation of our circuit’s clearly established … light of clearly established law.

Strickland v. City of Crenshaw

114 F. Supp. 3d 400 · District Court, N.D. Mississippi · Jul 20, 2015

in qualified immunity cases. … Thus, plaintiffs are clearly unable to survive a qualified immunity defense with regard to any property damage claims. .

Jerry Nelson v. Keyvon Sellers

89 F.4th 1289 · Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

Rochelle Scott v. Kyle Smith

109 F.4th 1215 · Court of Appeals for the Ninth Circuit · Jul 30, 2024

However, because that right was not clearly established at the time of the officers’ conduct, the officers were entitled to qualified immunity. … Because the applicable law was clearly established at the time of the incident, we affirm the denial of qualified immunity for Plaintiffs’ Fourth Amendment claim.

Herman Louis Dimartini v. Lynn Jay Ferrin, Special Agent, Federal Bureau of Investigation

889 F.2d 922 · Court of Appeals for the Ninth Circuit · Nov 21, 1989

immunity, arguing that his actions, even as alleged, did not violate clearly established fifth amendment rights. … Government officials performing discretionary functions enjoy qualified immunity, from liability for civil damages as long as their conduct does not violate “clearly established statutory or constitutional rights of which

Armstrong v. City Of Melvindale

432 F.3d 695 · Court of Appeals for the Sixth Circuit · Jan 6, 2006

Qualified Immunity Framework 8 Qualified immunity shields public officials who perform discretionary functions from the necessity of defending against tort liability so long as their conduct does not violate clearly established … right was clearly established."

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.

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.

Hill v. D.J. Taylor

District Court, N.D. Illinois · Jan 3, 2023

Defendants also assert that they are entitled to qualified immunity. A. … Qualified immunity is available to protect the Officers from liability unless it can be shown by Plaintiff that the Officers violated a clearly established right, based on closely analogous cases illustrating that the Officers

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.

Henson v. Foster

District Court, W.D. Arkansas · Feb 10, 2023

Qualified immunity “shields [a] government official from liability in a section 1983 action unless the official’s conduct violates a clearly established right of which a reasonable person would have known.” Brown v. … of whether the detainees rights were clearly established). 2.

Melene James v. City of Boise

158 Idaho 713 · Idaho Supreme Court · May 21, 2015

The Court explained why the “clearly established law” could not be so general that it would eliminate the rule of qualified immunity. … With respect to qualified immunity, the court of appeals held that there was no clearly established law that the officer’s “use of a police dog to search and bite was unconstitutional.” Id. at 1092 .

Maldonado v. Fontanes

568 F.3d 263 · Court of Appeals for the First Circuit · Jun 4, 2009

It is clear from the Supreme Court's description of the second, "clearly established" step of the qualified immunity analysis that the second step, in turn, has two aspects. … These are principles of law, and the law was sufficiently recognized by courts to be clearly established. See Wilson v.

Brian Pearson v. Tyler Eldridge

2022 DNH 039 · District Court, D. New Hampshire · Mar 28, 2022

Eldridge has moved for judgment on the pleadings based on qualified immunity. Because Eldridge has not established that qualified immunity shields him from suit, I deny the motion. I. … right was clearly established at the time of the challenged conduct.’”

United Pet Supply, Inc. v. City of Chattanooga, Tennessee

768 F.3d 464 · Court of Appeals for the Sixth Circuit · Sep 18, 2014

An assertion of qualified immunity may be overcome if the defendants violated a clearly established constitutional right. … Accordingly, the seizure violated a clearly established Fourth Amendment right, and so Walsh is not entitled to qualified immunity on this claim. III.

Spacek v. Charles

928 S.W.2d 88 · Texas Court of Appeals, 14th District (Houston) · Jul 18, 1996

Whether an official has immunity for an allegedly unlawful official action generally turns on the objective legal reasonableness of the action as assessed in light of the legal rules clearly established at the time of the … QUALIFIED IMMUNITY UNDER THE TEXAS EDUCATION CODE In their third point of error, Spa-cek and Ramsey submit the trial court erred in denying their motion for summary judgment as to Charles’ state claims because they established

W. Va. Regional Jail and Correctional Facility Authority v. A.B.

West Virginia Supreme Court · Mar 27, 2014

[the West Virginia Governmental Tort Claims and Insurance Reform Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which … Code, 29-12A-1, et seq. 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