Case law

Rainey v. Hartness

339 Ark. 293 · Supreme Court of Arkansas · Dec 2, 1999

Qualified Immunity — Federal Law Generally, government officials performing discretionary functions are granted a qualified immunity from suit under section 1983 and are “shielded from liability for civil damages insofar … Courts evaluating a claim of immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of the alleged violation

Barboza v. D'Agata

151 F. Supp. 3d 363 · District Court, S.D. New York · Sep 10, 2015

In this Circuit, even if the right was clearly established, an.officer is entitled to qualified immunity if it was objectively. reasonable for the officer to believe the conduct at issue was lawful, Gonzalez v. … That’s the first prong of the qualified immunity test. *371 I also find that plaintiffs right not to be arrested for the expression at issue was clearly established.

Traylor v. Gerratana

148 Conn. App. 605 · Connecticut Appellate Court · Mar 11, 2014

‘‘Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established … Novarro, 624 F.3d 522, 530 (2d Cir. 2010); then qualified immunity applies.

Doe v. University of Mississippi

District Court, S.D. Mississippi · Mar 29, 2023

While Defendants’ briefing on qualified immunity is likewise limited, they squarely—and correctly— argued in their opening memorandum that “the plaintiff has the burden to establish that the alleged conduct violates clearly-established … Miss. 2019) (granting qualified immunity on due-process claims and noting “Doe does not cite a single case that would put these Defendants on notice that their conduct violated clearly established law”).

Schmidt v. Stassi

250 F. Supp. 3d 99 · District Court, E.D. Louisiana · Apr 21, 2017

Governmental officers sued in their individual capacity are entitled to qualified immunity insofar as their conduct “did not violate clearly established statutory or constitutional rights of which a reasonable person would … Thus, the officers are entitled to qualified immunity on the filming claim because filming the exterior of a ear in a public parking lot did not violated clearly established constitutional law. V.

Smith v. Kansas City, Missouri Police Department

586 F.3d 576 · Court of Appeals for the Eighth Circuit · Nov 9, 2009

. *580 Qualified immunity shields government actors from suit unless their conduct violates clearly established constitutional or statutory rights that a reasonable person would have known. Henderson v. … was clearly established at the time of the deprivation.”

Saint-Vil v. Alves

District Court, D. Massachusetts · Jun 7, 2023

Strickland is the clearly established federal law governing an ineffective assistance of counsel claim. See Williams v. … Taylor, 529 U.S. 362, 391 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United

Robert Kerman v. The City of New York, Daniel Dilucia, William Crossan, John Hume, Thomas Loomis, Steve Kaminski, Mark Demarco, Andrew Oberfeldt, James Moran, Edward Joergens, "John Doe", "Richard Roe", "Jane Doe", (The Last Three Names Being Fictitious, Said Individuals Being Employees of the City of New York Who Participated in Taking Robert Kerman, Into Custody or in Dispatching Police Officers to Robert Kerman's Home or Operating the City's Emergency Medical Service 911 System as Set Forth in the Complaint)

261 F.3d 229 · Court of Appeals for the Second Circuit · Jul 26, 2001

Qualified immunity will attach to an officer's decision to enter a dwelling in response to perceived exigent circumstances so long as the "conduct does not violate clearly established statutory or constitutional rights of … the warrantless entry in this case was clearly established by October 1995.

Brandon Pegg v. Grant Herrnberger

845 F.3d 112 · Court of Appeals for the Fourth Circuit · Jan 4, 2017

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could … Under West Virginia law, a police officer is not entitled to qualified immunity when his or her conduct results in a clearly established constitutional or statutory violation

Carney v. Miller

Nebraska Supreme Court · Feb 14, 2014

Qualified immunity provides a shield from liability for public officials sued under 42 U.S.C. § 1983 (2006) in their individual capacity, so long as an official’s conduct does not vio- late clearly established … Whether an official may prevail in his or her qualified immunity defense depends upon the objective reasonableness of his or her conduct as measured by reference to clearly established law. 12.

Charles Mozzochi v. Richard S. Borden, Jr., Paul J. Gibbons, Richard S. Borden, Jr., Paul J. Gibbons, Town of Glastonbury

959 F.2d 1174 · Court of Appeals for the Second Circuit · Mar 19, 1992

Because the district court framed the qualified immunity question too generally, it wrongly concluded that the defendant officials’ alleged actions violated clearly established constitutional rights. … Because it held that the defendants’ motive and conduct, if proven, violated clearly established rights, the district court rejected the defendants’ summary judgment motion based on qualified immunity.

City of Lancaster v. Chambers

37 Tex. Sup. Ct. J. 980 · Texas Supreme Court · Jun 15, 1994

judgment on qualified immunity is improper.”). … First, federal immunity may be conferred at the summary judgment stage by the court’s finding that the constitutional right at issue was not clearly established. Elder v.

Golodner v. Berliner

770 F.3d 196 · Court of Appeals for the Second Circuit · Oct 27, 2014

the clearly established law.” … Few issues related to qualified immunity have caused more ink to be spilled than whether a particular right has been clearly established, mainly because courts must calibrate, on a case- by-case basis, how generally or

Melene James v. City of Boise

158 Idaho 713 · Idaho Supreme Court · May 21, 2015

The Court explained why the “clearly established law” could not be so general that it would eliminate the rule of qualified immunity. … With respect to qualified immunity, the court of appeals held that there was no clearly established law that the officer’s “use of a police dog to search and bite was unconstitutional.” Id. at 1092 .

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.

GROSSMAN v. PENNSYLVANIA STATE POLICE

District Court, W.D. Pennsylvania · Jul 22, 2022

immunity. … Cir. 2012) (court conducting qualified immunity analysis looks to “(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

Henry H. Cunningham v. City of Wenatchee, and Robert R. Perez

345 F.3d 802 · Court of Appeals for the Ninth Circuit · Oct 3, 2003

The Court observed: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. … Qualified Immunity We review de novo Perez’s qualified immunity claim. Mena v. City of Simi Valley, 226 F.3d 1031, 1036 (9th Cir.2000).

Opinion No.

Arkansas Attorney General Reports · Nov 3, 2005

Under the doctrine of qualified immunity, an individual is immune from suit if he undertook the actions complained of in good faith in the performance of his duties and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not apply where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

Harper v. Lawrence County, Ala.

592 F.3d 1227 · Court of Appeals for the Eleventh Circuit · Jan 6, 2010

Were Harper’s rights clearly established at the time? … Were Harper’s rights clearly established at the time?

David Roberts v. City of Omaha

723 F.3d 966 · Court of Appeals for the Eighth Circuit · Jul 31, 2013

There is no clearly established law indicating Roberts’s suggested rights applied in the circumstances of this case. The district court should have granted the officers qualified immunity on these claims. … City of Minneapolis, 596 F.3d 465, 482 (8th Cir. 2010) (explaining under “qualified immunity, a county employee may be held personally liable for a constitutional violation only if his own conduct violated a clearly established