Case law

Rogers v. Jarrett

63 F.4th 971 · Court of Appeals for the Fifth Circuit · Mar 30, 2023

conduct is clearly established.”22 It just isn’t enough to identify a right as “a broad general proposition.”23 The district court did not address qualified immunity’s second step. … Griffin27 supports that Jarrett and Bridges violated clearly established law.

Denise Coley v. Lucas County, Ohio

799 F.3d 530 · Court of Appeals for the Sixth Circuit · Aug 21, 2015

Gray’s argument that his actions did not violate clearly established law thus also fails. 2. … At the time of the events alleged in the complaint, those rights were clearly established.

Eastland County Cooperative Dispatch v. Poyner

64 S.W.3d 182 · Texas Court of Appeals, 11th District (Eastland) · Jan 10, 2002

The motions for summary judgment implicated the doctrines of sovereign immunity, official immunity, and qualified immunity. … Was that general prohibition the source for clearly established law which the officers violated in this case?

Estate of Clemente Najera Aguirre v. County of Riverside

131 F.4th 702 · Court of Appeals for the Ninth Circuit · Mar 11, 2025

We have held “that the ‘clearly established’ prong of the qualified immunity analysis is a matter of law to be decided by a judge.” Reese v. Cnty. of Sacramento, 888 F.3d 1030, 1037 (9th Cir. 2018) (quoting Morales v. … Clearly Established Law Assessing qualified immunity after a jury verdict turns on the second, “clearly established” prong, which requires deference to the jury’s view of the facts. See A.D., 712 F.3d at 456.

Kedra v. Schroeter

161 F. Supp. 3d 359 · District Court, E.D. Pennsylvania · Feb 18, 2016

Under these circumstances, the vio-lative nature of Defendant’s alleged conduct has not been clearly established, and so Defendant is necessarily entitled to qualified immunity. IV. … at issue was clearly established.

Estate of Lockett ex rel. Lockett v. Fallin

841 F.3d 1098 · Court of Appeals for the Tenth Circuit · Nov 15, 2016

Qualified Immunity All Appellees claim that they are entitled to qualified immunity. Qualified immunity protects government, officials from suit, not just from liability. Mitchell v. … Thus, Appellees have violated no clearly established law. D. Quasi-Judicial Immunity Dr.

Sawyer v. Coleman

245 Ga. App. 37 · Court of Appeals of Georgia · Jul 12, 2000

This requirement that plaintiff show a clearly established right is a strenuous one: 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 … In establishing that a right is clearly established so as to overcome a claim of qualified immunity, a plaintiff must rely upon specific, supporting case law: General propositions have little to do with the concept of qualified

Randy Cole v. Michael Hunter

905 F.3d 334 · Court of Appeals for the Fifth Circuit · Sep 25, 2018

of the unlawfulness of his or her conduct. 16 The officer is entitled to qualified immunity if there is no violation, or if the conduct did not violate law clearly established at the time. 17 12 136 S. … established law. 21 We will not revisit the first part of the qualified immunity inquiry in connection with any of the Coles’ claims, nor the question of clearly established law as regards the Coles’ Fourteenth Amendment

United States v. Rivera

658 F.3d 1073 · Court of Appeals for the Ninth Circuit · Sep 23, 2011

qualifies as a predi- cate offense. … “Our purpose is to determine whether documentation or judicially noticeable facts clearly establish that the defendant pleaded guilty to facts covered by the predicate offense.” Id. at 968.

Martin v. Hallum

2010 Ark. App. 193 · Court of Appeals of Arkansas · Feb 24, 2010

Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know. Harlow v. … A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established, and raised a genuine

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

Kirstin Johnson v. Kierstie Barr

79 F.4th 996 · Court of Appeals for the Ninth Circuit · Jul 6, 2023

the law did not clearly establish that probable cause was lacking. … law did not clearly establish that probable cause was lacking.

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).

Mann Ex Rel. Estate of Mann v. Palmerton Area School District

872 F.3d 165 · Court of Appeals for the Third Circuit · Sep 22, 2017

In addressing the clearly established prong of the qualified immunity inquiry, we must define the right allegedly violated at the appropriate level of specificity. Sharp v. … We granted qualified immunity to the gym teacher, concluding that a child did not have a clearly established right to dry-drowning intervention protocols while participating in gym class. Id. at 641.

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.

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?

Randall v. Scott

610 F.3d 701 · Court of Appeals for the Eleventh Circuit · Jun 30, 2010

Alternatively, even if the allegations in the complaint were sufficent to establish a First Amendment violation, the court concluded that Scott was entitled to qualified immunity because she did not violate clearly established … claim for violation of his First Amendment rights; and (3) Scott is entitled to qualified immunity because Randall’s constitutional rights at issue were not clearly established at the time of Scott’s alleged misconduct

Brian Yates v. Christopher Terry

817 F.3d 877 · Court of Appeals for the Fourth Circuit · Mar 31, 2016

Qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional rights within the knowledge … However, a right need not be “recognized by a court in a specific context before such right may be held ‘clearly established’ for purposes of qualified immunity.”

Hunter v. Town of Edwards

871 F. Supp. 2d 558 · District Court, S.D. Mississippi · May 16, 2012

were clearly established at the time it was taken.”) … unreasonable in the light of that then clearly established law.”

Shlomo Leibovitch v. Islamic Republic of

697 F.3d 561 · Court of Appeals for the Seventh Circuit · Sep 25, 2012

Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 620 (1983) (“The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign … The same is true here; Congress has established a private right of action principally for Ameri- can claimants while waiving sovereign immunity in a broader set of cases also involving American victims.