Case law

Willard Berry v. Brian Doss

900 F.3d 1017 · Court of Appeals for the Eighth Circuit · Aug 20, 2018

Katz, 533 U.S. 194 (2001), and argued that, because there was no evidence they ignored Berry’s complaint, they did not violate a clearly established Eighth Amendment right and thus were entitled to qualified immunity. … Our jurisdiction to consider an appeal of an order denying summary judgment based on qualified immunity is limited to “‘the purely legal issue’ of ‘whether the facts . . . alleged support a claim of violation of clearly established

National Camera, Inc. v. Sanchez

832 P.2d 960 · Colorado Court of Appeals · Nov 21, 1991

Qualified immunity protects governmental officials performing discretionary functions from personal liability unless their actions violate clearly established law of which a reasonable person would have known. Harlow v. … To overcome a qualified immunity defense, however, the plaintiff cannot simply identify a clearly established right in the abstract which the defendant has allegedly violated. Hilliard v.

McCoy v. Meyers

887 F.3d 1034 · Court of Appeals for the Tenth Circuit · Apr 10, 2018

“The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” Id. at 1866 (quotations omitted). … McCoy’s clearly established right to be free from the continued use of force after he was effectively subdued. We address both steps of the qualified immunity analysis. a.

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

Scott Rabin v. Michael Flynn

725 F.3d 628 · Court of Appeals for the Seventh Circuit · Jul 9, 2013

We find that the officers are entitled to qualified immunity on the unlawful arrest claim, because even if the officers had known what that type of license was, it still would have been reasonable under clearly established … “[A] court may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law without first resolving whether the purported right exists.”

West Virginia Department of Health, Office of the Chief Medical Examiner, and Allen R. Mock, M.D. v. Dr. Patsy Cipoletti, Jr., Administrator of the Estate of June Cipoletti

West Virginia Supreme Court · May 21, 2024

whether qualified immunity applies on a “case-by-case basis.” 7 We recently summarized our qualified immunity jurisprudence as follows: Qualified immunity is an immunity from suit afforded … Va. 573, 587, 10 Respondent relies on the MPLA as the basis for his position that he has alleged the violation of a “clearly established statutory right” to defeat Petitioners’ claim to qualified immunity

Fulwood v. Porter

639 A.2d 594 · District of Columbia Court of Appeals · Mar 28, 1994

in light of the legal rules that were ‘clearly established’ at the time it was taken.” … Roberts, 823 F.2d 235, 238 (8th Cir.1987) (“clearly established law” for immunity purposes is supervisor’s duty in the particular circumstances to train adequately).

Neal W. Roland v. Perry Johnson, Thomas Phillips, Dale Foltz, Bernie Toland

933 F.2d 1009 · Court of Appeals for the Sixth Circuit · May 22, 1991

Creighton, 483 U.S. 635 (1988), the Supreme Court refined the qualified immunity test developed in Harlow. … Accordingly, defendants' claim of qualified immunity is without merit. 9 The defendants next assert the district court erred in entering judgment in Roland's favor.

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.

Wagner v. Loza

District Court, E.D. Tennessee · Dec 16, 2021

Accordingly, Defendants are entitled to qualified immunity for claims against them in their individual capacities. See, e.g., Williams v. … right was “clearly- established;” and (3) whether the official’s actions were objectively unreasonable).

Eng v. Cooley

552 F.3d 1062 · Court of Appeals for the Ninth Circuit · Jan 14, 2009

If a plaintiffs constitutional rights were not clearly established at the time of the violation, then qualified immunity should be granted. 2. Whether Eng’s Rights Were Clearly Established a. … established’ to preclude qualified immunity.”

Vette v. Sanders

989 F.3d 1154 · Court of Appeals for the Tenth Circuit · Mar 5, 2021

Vette’s clearly established rights under the Fourth Amendment.6 It accordingly held Sergeant Sanders was not entitled to qualified immunity. Sergeant Sanders timely appealed. Although Mr. … Legal Standards and Standard of Review “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights

Texas Department of Criminal Justice v. Thomas

263 S.W.3d 212 · Texas Court of Appeals, 1st District (Houston) · Apr 19, 2007

from suit, and Pierson’s motion for summary judgment asserted qualified immunity. … The doctrine of qualified immunity shields an official performing discretionary functions from liability for civil damages under section 1983, provided the official’s conduct does not violate clearly established constitutional

Joseph C. Avakoff, Appellant-Applicant v. Southern Pacific Company and Southern Pacific Transportation Company, Appellees-Opposers

765 F.2d 1097 · Court of Appeals for the Federal Circuit · Jun 19, 1985

Without more, this type of shipment is clearly not activity amounting to a sale or transportation of the goods in commerce and does not constitute a bona fide shipment sufficient to lay a foundation for federal registration … Clearly, the shipment by applicant’s manufacturer to the applicant was not use of the mark by applicant in commerce. Conclusion The order of the board granting Southern Pacific’s motion for summary judgment is affirmed.

Willis v. Blevins

957 F. Supp. 2d 690 · District Court, E.D. Virginia · Jul 30, 2013

Determining whether qualified immunity applies entails a two-step inquiry: (1) “whether a constitutional right would have been violated on the facts alleged;” and (2) “whether the right was clearly established.” … Moreover, based on the discussion of Buckley and Kalina above, the right not to be deprived of one’s liberty by the fabrication of evidence is clearly established.

Tapanga Hardeman v. David Wathen

933 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 12, 2019

When attempting to defeat an assertion of qualified im- munity, the burden is on the plaintiffs to show that a particu- lar right is “clearly established.” … “Because a qualified immunity defense so closely depends ‘on the facts of the case,’ a ‘complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.’”

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?

Cantrell v. DeKalb County

78 S.W.3d 902 · Court of Appeals of Tennessee · Aug 3, 2001

The Qualified Immunity Defense The dispositive issue for this appeal is whether the law enforcement officials have presented undisputed facts demonstrating that they are entitled to qualified immunity as a matter of law. … Cantrell’s clearly established rights. ■ 1. Mr. Cantrell’s Free Exercise Rights Mr. Cantrell, like all persons, possesses certain clearly established rights with regard to the practice of his religion.

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.

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.