Case law

Bevill v. Fletcher

26 F.4th 270 · Court of Appeals for the Fifth Circuit · Feb 11, 2022

“Once a defendant raises a qualified-immunity defense, the burden shifts to the plaintiff to show that (1) the official violated a statutory or constitutional right, and (2) the right was ‘clearly established’ at the … Whatever one might think about qualified immunity, I think we’re duty bound to say the law is not clearly established when it takes a full-page flow chart to hold otherwise.

Scott v. Britton

16 S.W.3d 173 · Texas Court of Appeals, 1st District (Houston) · Apr 13, 2000

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 … After a governmental official asserts the affirmative defense of qualified immunity, the burden shifts to the plaintiff to show that the defendant’s conduct violated clearly established statutory or constitutional rights

Paulette Smith v. Edward Agdeppa

81 F.4th 994 · Court of Appeals for the Ninth Circuit · Aug 30, 2023

immunity analysis—whether the claimed unlawfulness of Agdeppa’s conduct was “clearly established … We are asked to decide whether this officer is entitled to qualified immunity. We hold that he is. The officer’s use of deadly force did not violate clearly established law.

McCormick v. Board of Shawnee County Comm'rs

28 Kan. App. 2d 744 · Court of Appeals of Kansas · Mar 30, 2001

light of the legal rules that were clearly established at the time it was taken. … The holding in Kalina leaves no doubt it was clearly established. Thereafter, a prosecutor is to be charged with knowledge that such an act was unreasonable. Long, therefore, is not entitled to qualified immunity.

David Taylor v. George M. Hill

West Virginia Supreme Court · Nov 21, 2014

established law. … Whether respondent had qualified immunity from petitioner’s action The doctrine of qualified immunity affords “immunity to the State and its [public] officer for discretionary acts negligently committed within the

Romero v. Bexar County

993 F. Supp. 2d 658 · District Court, W.D. Texas · Jan 9, 2014

Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no “clearly established statutory or constitutional rights of which … Qualified immunity is not only a defense to liability but also a immunity from suit. Pearson, 555 U.S. at 223 , 129 S.Ct. 808 .

Sydney Rieman v. Gloria Vasquez

96 F.4th 1085 · Court of Appeals for the Ninth Circuit · Mar 5, 2024

The panel held that defendants were not entitled to qualified immunity from suit for failing to provide notice of the hearing. Ms. Rieman had a due process right to such notice and that right was clearly established. … immunity because they did not violate any clearly established constitutional rights.

Jones v. American Alternative Insurance Corp

District Court, W.D. Louisiana · Mar 31, 2022

Nonetheless, the docttine of qualified immunity shields government officials from liability for claims against them in their individual capacities “insofar as their conduct does not violate clearly established statutory … Dyer, 964 F.3d at 383-85 (citing pre-2020 cases for clearly established law). Thus, Plaintiffs have successfully overcome the Police Officer Defendants’ qualified immunity defense at the motion to dismiss stage.

Rachel v. City of Mobile

112 F. Supp. 3d 1263 · District Court, S.D. Alabama · Jun 5, 2015

Qualified Immunity. … Moreover, “[t]he law cannot be .established by dieta[, which] is particularly unhelpful in qualified immunity cases where we seek to identify clearly established law.” Santamorena v.

Ondrey v. Patterson

884 So. 2d 50 · District Court of Appeal of Florida · Feb 27, 2004

Thus, we must determine whether Ondrey has established that the trial court's order constitutes "a violation of a clearly established principle of law that resulted in a miscarriage of justice." Allstate Ins. Co. v. … Qualified immunity applies in situations where the official's conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow 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

Laguerre v. Nevada System of Higher Education

837 F. Supp. 2d 1176 · District Court, D. Nevada · Aug 5, 2011

This grant of immunity is available to state or federal employees performing discretionary functions where their actions, even if later found to be unlawful, did not violate clearly established law. Harlow v. … With respect to a qualified immunity claim, the plaintiff has the burden of establishing that the right claimed was clearly established. Baker v. Racansky, 887 F.2d 183, 186 (9th Cir.1989).

Hancock v. Cnty. of Rensselaer

337 F. Supp. 3d 175 · District Court, N.D. New York · Aug 29, 2018

Individual Defendants' Claims to Qualified Immunity Government employees are entitled to qualified immunity from civil damages liability so long as they are performing discretionary functions and do not violate "clearly established … Because the constitutional rights upon which Plaintiffs rely were not clearly established at the time Defendants acted, Defendants are entitled to qualified immunity.

Cunningham v. Gates

229 F.3d 1271 · Court of Appeals for the Ninth Circuit · Oct 31, 2000

In order to decide the qualified immunity claims, we must determine 1) whether non-shooting officers are entitled to qualified immunity because “jamming” does not violate clearly established law, 2) whether council members … are entitled to qualified immunity because a policy of indemnifying officers against punitive damages does not violate clearly established law, and 3) whether City attorneys are entitled to qualified immunity because recommending

Mallak v. City of Baxter

823 F.3d 441 · Court of Appeals for the Eighth Circuit · May 19, 2016

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.” Harlow v. … A defendant denied summary judgment based on qualified immunity may appeal the “purely legal issue” of “whether the facts alleged ... support a claim of violation of clearly established law.”

Toney (ID 71755) v. Harrod

District Court, D. Kansas · Sep 7, 2021

Clearly Established Right In the alternative, the Court concludes that Quidichay is entitled to qualified immunity because Toney cannot establish the second prong of the qualified … Clearly Established Law Under the second prong of the qualified immunity test, Sullivan is entitled to immunity unless his alleged actions violated a clearly established right

Roy Lee Williams v. Secretary Pennsylvania Department of Corrections

117 F.4th 503 · Court of Appeals for the Third Circuit · Sep 20, 2024

But that rule was newly articulated, and this Court held that qualified immunity applied because that articulation of the right was not clearly established. Id. at 553. … Thus, a letter from a federal agency cannot satisfy the ‘clearly established’ standard for qualified immunity.

Thacker v. City of Hyattsville

135 Md. App. 268 · Court of Special Appeals of Maryland · Nov 14, 2000

immunity under federal law, and that, as a matter of law, such findings establish lack of malice and qualified immunity under section 5-507. … Because Judge Williams clearly applied the objective federal standard for qualified immunity, we hold that his decision that the defendants were entitled to qualified immunity from section 1983 liability did not collaterally

Edward S., Administrator of the Estates of T.S. and A.K., Edward S. and Rachel K., Individually and as Next Friends of J.K. v. Raleigh County Housing Authority

West Virginia Supreme Court · Jun 8, 2023

So, RCHA argued, it was immune from Edward S.’s negligence claims because he had not established that any alleged failing in its inspection process violated clearly established statutory or constitutional rights or laws of … to violations of clearly established rights or laws.

Pratt v. Ottum

2000 Me. 203 · Supreme Judicial Court of Maine · Nov 27, 2000

Because their actions violated plaintiffs clearly established rights, defendants are not entitled to a qualified immunity as a matter of law.” II. … Because their actions violated [Pratt’s] clearly established rights, defendants are not entitled to qualified immunity as a matter of law.”