Case law

Estate of Derek Williams, Jr. v. Jeffrey Cline

902 F.3d 643 · Court of Appeals for the Seventh Circuit · Aug 31, 2018

Substantive qualified immunity analysis encompasses two distinct questions: (1) whether defendants violated a constitutional right; and (2) whether that "right was 'clearly established' at the time of the challenged conduct … qualified immunity."

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.

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.

Ryan Lash v. Jennifer Lemke

786 F.3d 1 · Court of Appeals for the D.C. Circuit · May 15, 2015

A Because the officers’ conduct here did not violate any clearly established law, they have qualified immunity against Lash’s Fourth Amendment claim. 2 Qualified immunity exists to protect officers “from undue interference … An official who asserts a qualified immunity defense can only be held liable if the plaintiff suing him establishes that the official “violated a constitutional right” that “was clearly established” at the time.

Romer v. Morgenthau

119 F. Supp. 2d 346 · District Court, S.D. New York · Sep 26, 2000

absolute or qualified immunity. … See discussion supra; Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (allowing qualified immunity if defendant “does not violate clearly established” rights of which “a reasonable person would have known”).

Parker v. Armstrong

District Court, W.D. Texas · Aug 7, 2024

Qualified immunity bars suit against officers in their official capacity from liability for civil damages so long as their conduct does not violate a clearly established statutory constitutional right. … Jones, 922 F.3d 309, 318 (5th Cir. 2019) (holding that before the qualified immunity inquiry discretionary authority must be established)).

Frank Minor v. Delaware River & Bay Authority

70 F.4th 168 · Court of Appeals for the Third Circuit · Jun 8, 2023

“To resolve a claim of qualified immunity, [we] en- gage in a two-pronged inquiry: (1) whether the plaintiff suffi- ciently alleged the violation of a constitutional right, and (2) whether the right was clearly established … clearly established constitutional right.”

Nevarez v. Coleman

District Court, E.D. Louisiana · Jan 24, 2023

The qualified-immunity defense to such claims shields government officials who perform discretionary functions from suit and liability under section 1983, “unless their conduct violates clearly established statutory … Thus, an “officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct ‘did not violate law clearly established at the time.’” Davis v.

Welch v. Spaulding

627 F. App'x 479 · Court of Appeals for the Sixth Circuit · Sep 30, 2015

immunity because Welch failed to show that they violated a clearly established statutory or constitutional right. … . —, 134 S.Ct. 2012, 2023 , 188 L.Ed.2d 1056 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established

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.

Calhoun v. Buck

371 F. Supp. 3d 1008 · District Court, D. Utah · Apr 5, 2019

Qualified Immunity Trooper Buck asserts he is entitled to qualified immunity on Plaintiff's claims. … established right and therefore qualified immunity applies. a.

Boston v. Suffolk Cnty.

326 F. Supp. 3d 1 · District Court, E.D. New York · Jan 9, 2018

certainly circumstances where an intoxicated person's statement that he or she does not need medical treatment should not be honored because it is inconsistent with other objective facts indicating that hospitalization is clearly … Plaintiff introduced, through deposition testimony, that Rangers Sokol and Paterson had never received any training from Smithtown on how to identify drugs; how drugs affect people; how to deal with individuals who are clearly

Barnthouse v. City of Edmond

74 O.B.A.J. 1297 · Supreme Court of Oklahoma · Apr 22, 2003

Material issues of fact for a jury exist as to: (1) whether Cochran violated Appellants' clearly established constitutional rights for purposes of his individual qualified immunity defense to the § 1988 claim; and (@)whether … Whether Cochran is entitled to qualified immunity where his conduct violated Appellants' right to due process (a constitutional right), and that right was violated by Cochran when it was clearly established at the time of

Dimmitt v. City of Clearwater

985 F.2d 1565 · Court of Appeals for the Eleventh Circuit · Mar 23, 1993

Ordinarily a litigant offering a facial constitutional challenge to a statute must establish that “no set of circumstances exist under which the Act would be valid.” United States v. … To summarize, by exempting only government flags from the permit requirement, section 134.008(18) clearly restricts speech based upon its content.

McClelland v. Katy Indep Sch Dist

63 F.4th 996 · Court of Appeals for the Fifth Circuit · Mar 31, 2023

Whether McClelland’s free speech rights were clearly established “A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, ‘[t]he contours … established so as to defeat qualified immunity for Hull. 2.

Parking Authority of River City, Inc. v. Bridgefield Casualty Insurance Co.

477 S.W.3d 598 · Court of Appeals of Kentucky · Nov 6, 2015

Governmental immunity, on the other hand, is a derivative of sovereign immunity and is granted to qualified governmental agencies or entities. … The test for whether an entity qualifies for governmental immunity is two-pronged. Comair, 295 S.W.3d at 99 .

Oliver v. Dep't of Pub. Safety & Corr. Servs.

350 F. Supp. 3d 340 · District Court, D. Maryland · Nov 28, 2018

Qualified immunity shields *352 government officials from liability for civil damages as long as "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Because the plaintiff's right not to *353 be listed in the MSOR was not clearly established at the time the alleged violation occurred, qualified immunity insulates the individual defendants in this case from liability under

Ansley v. Heinrich

925 F.2d 1339 · Court of Appeals for the Eleventh Circuit · Mar 11, 1991

The affirmative defense of qualified immunity protects public officials, acting within the scope of their discretionary authority and under clearly established law, from insubstantial lawsuits. Butz v. … In Harlow , the Supreme Court stated that the immunity defense should fail if the law governing the official’s actions has been clearly established.

Charles Jackson v. Billy D. Stair, III

944 F.3d 704 · Court of Appeals for the Eighth Circuit · Dec 3, 2019

If so, qualified immunity does not shield the officer from liability if the constitutional right was clearly established at the time of the violation. … Officer Stair argues that qualified immunity shields him from any potential liability related to the second tasing because Jackson did not have a clearly established right to excessive force at the time.

Roy Lee Williams v. Secretary Pennsylvania Department of Corrections

117 F.4th 503 · Court of Appeals for the Third Circuit · Sep 20, 2024

But that rule was newly articulated, and this Court held that qualified immunity applied because that articulation of the right was not clearly established. Id. at 553. … Thus, a letter from a federal agency cannot satisfy the ‘clearly established’ standard for qualified immunity.