Case law

Megan Green v. Cliff Sommer

52 F.4th 734 · Court of Appeals for the Eighth Circuit · Nov 1, 2022

issue,’ involve a clearly established violation of federal law.” … On an appeal from a denial of qualified immunity at the motion to dismiss phase, “this court is constrained to the legal question whether the particular facts support the [plaintiff’s] claim that [defendants] violated clearly

Novitsky v. City of Aurora

491 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jul 5, 2007

Novitsky’s first claim, the district court concluded the officers were entitled to qualified immunity because, on June 9, 2001, they did not violate clearly established law by removing M r. … W e therefore turn to the second prong of the qualified immunity analysis, asking whether Officer W ortham violated clearly established law. 2.

Keenan v. Ahern

District Court, E.D. Virginia · Mar 8, 2021

The doctrine of qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or … purposes of qualified immunity.”

Vest v. Easley

145 N.C. App. 70 · Court of Appeals of North Carolina · Jul 17, 2001

They may, however, defend by raising the defense of qualified immunity. Id. … Qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct “does not violate clearly established statutory or constitutional rights of which a reasonable

Noonan v. Kane

305 F. Supp. 3d 587 · District Court, E.D. Pennsylvania · Mar 29, 2018

It determined that the defendant was entitled to qualified immunity since he did not violate a clearly established constitutional right. Id. at 572 . … established for the purpose of qualified immunity.

Sundquist v. Nebraska

122 F. Supp. 3d 876 · District Court, D. Nebraska · Aug 10, 2015

Schuldt and Vierk contend that, in 2013, it was not clearly established that this violated Sundquist’s rights, and therefore, they argue, they are entitled to qualified immunity. … The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

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.

Hicks Hagan v. Funk

District Court, M.D. Tennessee · Sep 29, 2025

statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” … For purposes of qualified immunity, Defendant challenges only the clearly established prong.4 Defendant argues that it was not clearly established that changing Plaintiff’s job responsibilities because of

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.

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

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

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.

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.

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.

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

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.