Case law

Meek, Brandon v. Brock, Chase

District Court, W.D. Wisconsin · Sep 26, 2023

Third, they argue that they are entitled to qualified immunity. … That made defendants’ continued use of force against him—including the taser— reasonable, or at least covered by qualified immunity.

Gardner v. Rogers

224 Ga. App. 165 · Court of Appeals of Georgia · Dec 20, 1996

“[T]he test for determining whether a defendant is protected from suit by the doctrine of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly established law. … On a motion for summary judgment, if the applicable law was clearly established at the time the defendant acted, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law

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.

Everson v. Leis

556 F.3d 484 · Court of Appeals for the Sixth Circuit · Feb 20, 2009

, and (2) whether that right was clearly established.” … But under § 1983, “an arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information

WRIGHT CROFT v. DONEGAL TOWNSHIP

District Court, W.D. Pennsylvania · Mar 25, 2021

Accordingly, government officials sued in their individual capacity are entitled to qualified immunity for alleged violations of a plaintiff’s civil rights “‘insofar as their conduct does not violate clearly established … In addressing a claim of qualified immunity, courts analyze “(1) whether the facts alleged by the plaintiff show the violation of a constitutional right; and (2) whether the right was clearly established at the time of

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

Freddy Nobriga Enterprises, Inc. v. State, Department of Hawaiian Home Lands

129 Haw. 123 · Hawaii Intermediate Court of Appeals · Jan 30, 2013

) on the basis of qualified immunity. … Courts must analyze claims of qualified immunity under two prongs: (1) whether the facts show a violation of a constitutional right; and (2) if the first step is satisfied, whether that right was clearly established at the

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.

Toth v. Bethel Township

268 F. Supp. 3d 725 · District Court, E.D. Pennsylvania · May 24, 2017

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … Even where a plaintiff has shown the violation of constitutional rights, an individual defendant will still enjoy qualified immunity unless those rights were clearly established at the time- of -the violation.

Ryan Leaver v. Gary Shortess

844 F.3d 665 · Court of Appeals for the Seventh Circuit · Dec 21, 2016

And even if he was aware of it, qualified immunity applies. It’s not clear that the infor- mation would have negated probable cause. I. … Or at least qualified immunity applies. It would not have been clear to a reasonable officer that these contract provisions defeat probable cause.

Colao v. Mills

39 A.D.3d 1048 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2007

Government officials performing discretionary functions are entitled to qualified immunity, thereby shielding them from civil liability, as long as their actions did not violate the plaintiffs clearly established legal rights … qualified immunity test and determine whether reasonable officers would know that the conduct here was unlawful at the time (see Cowan ex rel.

Daniel Andrews v. City of Henderson

35 F.4th 710 · Court of Appeals for the Ninth Circuit · May 23, 2022

Qualified Immunity Qualified immunity shields government officials from civil damages unless an official “violate[s] a clearly established constitutional right.” Monzon v. … Clearly Established Right Even if a government official violates a constitutional right, the official is entitled to qualified immunity unless the violated right was clearly established at the time of the incident.

Dennis Ryan, Jr. v. Officer Mary Armstrong

850 F.3d 419 · Court of Appeals for the Eighth Circuit · Mar 7, 2017

A government official is entitled to qualified immunity unless he has violated a clearly established constitutional right. Pearson v. Callahan, 555 U.S. 223, 232 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009). A. … Although the district court did not reach this question, “[w]hether an asserted federal right was clearly established at a particular time, so that a public official who allegedly violated the right has no qualified immunity

Newton v. Etoch

332 Ark. 325 · Supreme Court of Arkansas · Mar 19, 1998

Clearly, the State has not been named as a party, but our inquiry does not stop there. We established the test for whether a suit is one brought against the State in Page v. … Supreme Court has distinguished qualified immunity and absolute immunity by stating that qualified immunity depends on the circumstances and the prosecutor’s motives, as established by the evidence. Imbler v.

Maria Ventura v. Jennifer Rutledge

978 F.3d 1088 · Court of Appeals for the Ninth Circuit · Oct 22, 2020

“Qualified immunity attaches when an [officer’s] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … The Supreme Court also found that even though the decedent appeared calm and the other woman present did not feel endangered, the shooting officer did not violate clearly established law and was therefore entitled to qualified

Graham v. Dall. Area Rapid Transit

288 F. Supp. 3d 711 · District Court, N.D. Texas · Dec 28, 2017

In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts ... to not define clearly established law at a high level of generality." Mullenix v. … This second part of the qualified immunity inquiry considers whether the right was clearly established at the time of the violation.

James Saylor v. Randy Kohl, M.D.

812 F.3d 637 · Court of Appeals for the Eighth Circuit · Jan 29, 2016

was clearly established at the time of the deprivation.” … the violation was clearly established at the time in question, what was known to a person who might be shielded by qualified immunity, and the reasonableness of defendants'] actions.

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 .

Sanchez v. Hartley

810 F.3d 750 · Court of Appeals for the Tenth Circuit · Jan 11, 2016

In applying this standard to the defense of qualified immunity, we consider whether Mr. Sanchez’s factual allegations and related inferences show the violation of a clearly established constitutional right. … But to overcome qualified immunity, Mr. Sanchez must also show that the underlying right was clearly established in 2009, when the events took place.

Taylor v. LeBlanc

68 F.4th 223 · Court of Appeals for the Fifth Circuit · May 15, 2023

LeBlanc appeals the denial of qualified immunity arguing, inter alia, that his conduct wasn’t objectively unreasonable in light of clearly established law. … Lambert, 921 F.3d 215, 219 (5th Cir. 2019) (qualified immunity turns on whether defendant’s conduct is “objectively unreasonable in light of clearly established law”); Hinojosa v.