Case law

Paugh v. Uintah County

47 F.4th 1139 · Court of Appeals for the Tenth Circuit · Sep 7, 2022

Qualified Immunity 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 … The Law is Clearly Established The district court held that the law was clearly established.

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.

Jonathan Jacobson v. James McCormick

763 F.3d 914 · Court of Appeals for the Eighth Circuit · Aug 14, 2014

In his supplemental briefing, Jacobson conceded that we “must address” the issue of qualified immunity, but argued the officers are not entitled to immunity because it was clearly established that strip searches were permissible … McCormick and Voltaire are entitled to qualified immunity from suit unless the facts taken in the light most favorable to Jacobson establish that the officers violated a constitutional right, and that the right was clearly

Carswell v. Camp

54 F.4th 307 · Court of Appeals for the Fifth Circuit · Nov 30, 2022

But Carswell says this was “the opposite of a refusal or failure to rule” because the “district court clearly indicated it would timely address Individual Defendants’ qualified immunity defense.” … No. 21-10171 established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Brown v. Fortner

518 F.3d 552 · Court of Appeals for the Eighth Circuit · Mar 4, 2008

The court further held that the right Fortner and Scott allegedly violated was clearly established and therefore concluded that Fortner and Scott were not entitled to qualified immunity. … Was the Right Violated Clearly Established? The second question in considering the denial of qualified immunity is whether the right violated was clearly established.

Ford v. Retter

840 F. Supp. 489 · District Court, N.D. Ohio · Oct 6, 1993

The deputies are clearly entitled to qualified immunity.”); Jones v. City of Upper Arlington, 986 F.2d 1421 (6th Cir.1993); Walton v. City of Southfield, 995 F.2d 1331 (6th Cir.1993). … It also seems that once you have determined the need for the defense of [qualified immunity], ... as a matter of law ... the officer has acted unreasonably ... and has violated clearly established law. Yates v.

Camilo-Robles v. Hoyos

151 F.3d 1 · Court of Appeals for the First Circuit · Jul 22, 1998

When a supervisor seeks qualified immunity in a section 1983 action, the "clearly established" prong of the qualified immunity inquiry is satisfied when (1) the subordinate's actions violated a clearly established constitutional … Responding to these allegations, each defendant claims qualified immunity and, because both the rights in question and each defendant's susceptibility to supervisory liability are clearly established, these qualified immunity

Michael Fenwick v. United States

778 F.3d 133 · Court of Appeals for the D.C. Circuit · Feb 13, 2015

Under the circumstances of this case, we conclude that the deputies violated no clearly established law and are therefore entitled to qualified immunity. *135 I. … Fenwick’s clearly established constitutional rights.” Id. at 225. On appeal, the deputies challenge the district court’s denial of their motion for summary judgment, renewing their assertion of qualified immunity.

Bryheim Jamar Baskin v. Rafael Martinez (081982) (Camden County & Statewide)

Supreme Court of New Jersey · Jul 9, 2020

If the right at issue is not clearly established, then the officer alleged to have violated that right will be entitled to qualified immunity. … Many Section 1983 cases rise or fall on the “clearly established” prong 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

Conde v. Colorado State Department of Personnel

18 Brief Times Rptr. 451 · Colorado Court of Appeals · Mar 10, 1994

The plaintiffs complaint must adequately state a claim of violation of clearly established law; if not, a defendant pleading qualified immunity will be entitled to dismissal before discovery commences. Mitchell v. … Once the defendant raises a qualified immunity defense, the plaintiff assumes the burden of identifying both the clearly established law that the government official is alleged to have violated and the conduct that violated

Roger Miller Music, Inc., and Mary A. Miller, Plaintiffs-Appellants/cross-Appellees v. Sony/atv Publishing, Llc, Defendant-Appellee/cross-Appellant

477 F.3d 383 · Court of Appeals for the Sixth Circuit · Feb 13, 2007

Rather, a motion under Rule 59(e) “must either clearly establish a manifest error of law or must present newly discovered evidence.” World Univ., Inc., 978 F.2d at 16 ; FDIC v. … Winchester-Conant Prop., Inc., 322 F.3d 26, 40 (1st Cir.2003) (“Uses of the copyrighted work that stay within the scope of a nonexclusive license are immunized from infringement suits.”).

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

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.

Ronald Kramer v. Mary Cullinan

878 F.3d 1156 · Court of Appeals for the Ninth Circuit · Jan 3, 2018

Cullinan was entitled to qualified immunity. … Cullinan’s actions violated a “clearly established” right. White, 137 S. Ct at 552. III. CONCLUSION Dr. Cullinan was entitled to qualified immunity.

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.

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.

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

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.

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.