Case law

Edmiston v. City Of Port Angeles

360 F. Supp. 3d 1147 · District Court, W.D. Washington · Dec 21, 2018

Therefore, in the absence of authority demonstrating that the right was clearly established, Officer Brusseau is entitled to qualified immunity. … Nor can Edmiston negate that Officer Brusseau is entitled to qualified immunity on the search issue, if a search indeed occurred, in the absence of clearly established law.

Bettio v. Village of Northfield

775 F. Supp. 1545 · District Court, N.D. Ohio · Oct 18, 1991

asserted is clearly established. … As such, there being no clearly established right in existence as to this portion of the claim, Satola and Varga do not lose the protection of qualified immunity here.

Division of Employment Security v. Board of Police Commissioners

864 F.3d 974 · Court of Appeals for the Eighth Circuit · Jul 28, 2017

The Officers “Qualified immunity shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … “Our prior cases have clearly established that use of [a] taser on a nonfleeing, nonviolent suspected misdemeanant [is] unreasonable.” Brossart v.

Bradley v. Medical Board

56 Cal. App. 4th 445 · California Court of Appeal · Jul 15, 1997

Immunity The qualified immunity defense protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or … When qualified immunity is asserted, we must undertake a two-step analysis: “(1) Was the law governing the official’s conduct clearly established?

Mitchell v. Town of Hayneville, Alabama

District Court, M.D. Alabama · Feb 6, 2023

Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Whether the Right Was Clearly Established The court now turns to the remaining qualified-immunity determination: Whether Reeves, Tyson-Bailey

Bradley Monical v. Christina Towers

Court of Appeals for the Ninth Circuit · Feb 7, 2020

immunity. … Hammond, 821 F.3d 1085, 1090 (9th Cir. 2016) (for a right “[t]o be clearly established” for purposes of qualified immunity, “a right must be sufficiently clear that every reasonable official would have understood that

JL ex rel. Thompson v. New Mexico Department of Health

169 F. Supp. 3d 1194 · District Court, D. New Mexico · Mar 4, 2016

Although qualified immunity is most often raised at the summary judgment stage, the Tenth Circuit has recognized the propriety of raising a qualified immunity defense in a motion to dismiss. … Defendants argue that they are shielded by qualified immunity from Plaintiffs’ substantive due process claims because the rights that Plaintiffs assert were not clearly established at the time of the challenged conduct that

Filomena Leo, in Their Individual and Official Capacities v. Iliana Trevino

Texas Court of Appeals, 13th District · Jun 8, 2006

Constitutional Violation The first prong of any analysis of the availability of qualified immunity requires the establishment of the violation of a "clearly established right." Beck , 204 F.3d at 638. … The School District Employees are entitled to qualified immunity from the Trevinos' claims, absent a showing of a violation of "clearly established constitutional law."

Dorothy King, R.N. and Patricia Battle, R.N. v. Virginia Betts,, Commissioner of the Tennessee Department of Mental Health and Developmental Disabilities, in her Individual Capacity

Court of Appeals of Tennessee · Dec 18, 2009

As to the issue of qualified immunity, the trial court found that qualified immunity applied as “the right that was allegedly violated is not a clearly established right of which a reasonable person would have known.” … Further, qualified immunity would not apply if the Appellees’ conduct was unreasonable “in light of the clearly established constitutional rights.” Williams, 186 F.3d at 691.

Eilenfeldt ex rel. J.M. v. United C.U.S.D. 304 Board of Education

169 F. Supp. 3d 867 · District Court, C.D. Illinois · Mar 14, 2016

Qualified Immunity The doctrine of qualified immunity protects government officials from civil liability for their actions in the course of their duties “insofar as their conduct does not violate clearly established statutory … However, once a claim of qualified immunity has been raised, a plaintiff also bears the burden of demonstrating the violation of a clearly established constitutional right of which a reasonable person would have known.

Opinion No.

Arkansas Attorney General Reports · Oct 17, 2003

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

Charles Odom v. Kenan Kaizer

864 F.3d 920 · Court of Appeals for the Eighth Circuit · Jul 26, 2017

right was so ‘clearly established’ at the time of the alleged violation that a reasonable officer would have known that his conduct was unlawful.” … established,” fulfilling part of the qualified immunity test.

Armstrong v. City of Melvindale

432 F.3d 695 · Court of Appeals for the Sixth Circuit · Jan 6, 2006

But where, as here, Defendants do not dispute the facts—they claim instead that the alleged facts do not reflect a violation of clearly established law—“a district court’s denial of a claim of qualified immunity . . . is … right was clearly established.”

Caldwell v. LeFaver

928 F.2d 331 · Court of Appeals for the Ninth Circuit · Mar 20, 1991

Under the doctrine of qualified immunity, social workers are shielded from liability where their official conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … However, assuming such a right was clearly established in April 1987, we do not think that it vitiates the application of qualified immunity here.

Eric Burke v. Wetzel County Commission

815 S.E.2d 520 · West Virginia Supreme Court · Jun 6, 2018

Lemley is entitled to qualified immunity because he acted in his official capacity and did not violate any clearly established law of which a reasonable official would have known. … Lemley did not violate any clearly established laws of which a reasonable official would have known. Mr.

Philip R. Plant v. Morton International, Inc.

212 F.3d 929 · Court of Appeals for the Sixth Circuit · May 12, 2000

The ADA Claim In order to establish a prima facie case of discrimination under the ADA, Plant must show 1) that he is disabled; 2) that he is otherwise qualified for his previous position with Morton, with or without reasonable … Although the evidence did not clearly indicate that Plant’s condition was temporary, Plant was unable to come forward with any evidence that it was permanent, and the mere possibility of recurrence is not sufficient to establish

Carter v. Broome County

District Court, N.D. New York · Aug 21, 2019

Supp. 3d 305, 316 (S.D.N.Y. 2014) (finding clearly established for qualified immunity purposes the "broader right to be free from deliberate indifference to serious medical needs" and applying it to pre-trial detainee). … True or not, qualified immunity would not attach to those facts.

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

Erickson v. County of Clay

451 N.W.2d 666 · Court of Appeals of Minnesota · Feb 27, 1990

; and that neither Mickelberg and Shoop nor Costello are entitled to any qualified immunity because their conduct in participating in the grand jury deliberations was unreasonable and clearly exceeded established norms. … the media was unreasonable and clearly exceeded established legal norms.

Sturdivant v. Fine

22 F.4th 930 · Court of Appeals for the Tenth Circuit · Jan 7, 2022

Qualified immunity protects public officials from liability for violating statutory or constitutional rights that are not clearly established. See Pearson v. Callahan, 555 U.S. 223, 231 (2009). … Sch., 321 F.3d 1285, 1288–89 (10th Cir. 2003) (concluding that a teacher was not entitled to qualified immunity from a student’s claim of sexual harassment because the right had been clearly established in employment