Case law

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.

Hernandez Carrasquillo v. Rivera Rodriguez

281 F. Supp. 2d 329 · District Court, D. Puerto Rico · Sep 2, 2003

; 2) if it does, was the constitutional right clearly established at the time of the facts alleged in the complaint? … Furthermore, we find that they may be enough to establish the reckless disregard of a clearly established constitutional right necessary to overcome Defendants’ qualified immunity.

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

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

Rowe v. Carson

911 F. Supp. 389 · District Court, D. Nebraska · Jan 12, 1996

Qualified Immunity Qualified immunity is an affirmative defense, Mahers v. … Furthermore, I find that even if the plaintiffs right was clearly established, under the third step of the qualified immunity enquiry a reasonable probation officer would not have understood that his actions violated that

Navarro v. Block

250 F.3d 729 · Court of Appeals for the Ninth Circuit · May 11, 2001

After reviewing the legal standards for qualified immunity, the court held: [T]he law is not clearly established that a policy of indemnifying punitive damage awards violates constitutional rights.... … Though much of the analysis under qualified immunity and the merits of a § 1983 claim overlaps, the issue of whether a right is “clearly established” is relevant only to qualified immunity.

Harris v. Parrish

552 S.W.3d 475 · Court of Appeals of Arkansas · Jun 6, 2018

right is clearly established, and raised a genuine issue of fact as to whether the official should have known that the conduct violated such established rights. … We hold that Parrish's constitutional rights were clearly established prior to Harris's actions in question. In Shannon v.

SINGH v. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

District Court, M.D. North Carolina · Mar 2, 2023

Finally, the individual capacity claims fail on qualified immunity grounds because the Individual Defendants did not violate a clearly established constitutional right. … Callahan, 555 U.S. 223, 231 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”)

Amato v. Office of Com'r of Securities

644 So. 2d 412 · Louisiana Court of Appeal · Nov 15, 1994

The difference between absolute immunity and qualified immunity is at absolute immunity is a complete bar against suit for damages arising from a judge's conduct, while qualified immunity is an affirmative defense that protects … Thus, the majority was clearly wrong in holding that Stansbury was entitled to qualified immunity from liability for his actions under LSA-R.S. 9:2798.1.

J.P. v. D.P.

260 So. 3d 862 · Court of Civil Appeals of Alabama · Mar 30, 2018

App. 2008) ("Although these incidents were somewhat remote in time, they still evidence the character of the paternal grandmother and clearly and convincingly prove that she was not fit and qualified to receive and care for … App. 2012) (" ' "We should not equate the filing of 'court papers' and the taking of legal positions with the establishment of human relationships." ' [ Ex parte J.W.B. , 933 So.2d 1081 , 1092 (Ala. 2005) ](quoting K.W.J.

Harris v. City of New York

222 F. Supp. 3d 341 · District Court, S.D. New York · Dec 2, 2016

Qualified immunity exists to protect government employees from civil liability where performance of their discretionary functions “does not violate clearly established statutory or constitutional rights of which a reasonable … Probable cause is no defense to such a claim, Zahrey, 221 F.3d at 355 , and qualified immunity is unavailable where “the action violates an accused’s clearly established constitutional rights, and no reasonably competent

Todd D'Braunstein v. Chp

131 F.4th 764 · Court of Appeals for the Ninth Circuit · Mar 12, 2025

But I depart from the majority in its “clearly established’ prong analysis of qualified immunity. … But for qualified immunity, the Supreme Court “has repeatedly told courts . . . not to define clearly established law at a high level of generality.” Kisela v.

Morgan v. Wilson

District Court, W.D. Arkansas · Aug 5, 2022

Judicial Immunity “Few doctrines were more solidly established at common law than the immunity of judges for liability for damages for acts committed within their judicial … entitled to qualified immunity).

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

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.

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.

Depaul Industries v. Benjamin Miller

14 F.4th 1021 · Court of Appeals for the Ninth Circuit · Sep 28, 2021

MILLER DISCUSSION Miller is entitled to qualified immunity unless he violated a clearly established statutory or constitutional right. … CONCLUSION Miller is entitled to qualified immunity if his conduct did not violate DePaul’s clearly established statutory or constitutional rights.

Barbara Coleman v. Houston Independent School District, Anita Ellis

113 F.3d 528 · Court of Appeals for the Fifth Circuit · May 19, 1997

“Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law.” … a clearly established constitutional right.