Case law

Kimberlin v. Quinlan

199 F.3d 496 · Court of Appeals for the D.C. Circuit · Dec 28, 1999

The judgment on the clearly established law, however, is not fully dispositive of the issues raised by appellants’ renewed motion for summary judgment on grounds of qualified immunity. … was clearly established.”

Hale v. Duvall

268 F. Supp. 3d 1161 · District Court, D. Colorado · Jul 27, 2017

P. 12(b)(6) based on the defense of qualified immunity. … The doctrine of qualified immunity protects government officials from liability for, civil damages, .insofar as their-conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Estate of Christopher J. Davis v. Juan Ortiz

987 F.3d 635 · Court of Appeals for the Seventh Circuit · Feb 5, 2021

Ortiz has appealed from the denial of qualified immunity. … , and (2) that the unlaw- fulness of the conduct was clearly established at the time the officer acted.

Turner v. Giles

264 Ga. 812 · Supreme Court of Georgia · Dec 5, 1994

One of the grounds of appellants’ unsuccessful motion to dismiss was their claim of qualified immunity to appellee’s § 1983 action. … Indeed, the basic issue is substantially identical: A § 1983 complaint alleges that the defendant violated federal law, whereas the defendant’s claim of qualified immunity asserts that clearly established federal law was

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

Byrd v. Haas

District Court, E.D. Michigan · Nov 23, 2020

Qualified Immunity for RLUIPA Claims Qualified immunity is unavailable for the RLUIPA claims in this case. … And qualified immunity only applies to claims for money damages, not claims for injunctive or declaratory relief. See Flagner v.

Christopher Stoner v. Eugene Watlingten

735 F.3d 799 · Court of Appeals for the Eighth Circuit · Nov 7, 2013

Qualified Immunity The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Under these principles, we frame the clearly-established question as whether a reasonable officer would have known that he violated clearly established Fourth Amendment law by arresting Stoner for violating Ark.

Barker v. Goodrich

649 F.3d 428 · Court of Appeals for the Sixth Circuit · Aug 10, 2011

On January 10, 2010, the magistrate judge granted summary judgment to all Defendants on the basis of qualified immunity, finding that the evidence established a constitutional violation, but the right at issue was not clearly … Accordingly, the constitutional right was clearly established and we REVERSE the district court’s grant of qualified immunity to all Defendants. III.

Patton v. Bickford

529 S.W.3d 717 · Kentucky Supreme Court · Apr 1, 2016

We also conclude that the Teachers are not immune from suit on the basis of qualified official immunity. … SCHOOL ADMINISTRATORS MAKING SCHOOL POLICIES HAVE QUALIFIED OFFICIAL IMMUNITY; TEACHERS IMPLEMENTING SCHOOL POLICIES DO NOT .We begin by more clearly delineating the Estate’s arguments.

Williams v. Garrett

722 F. Supp. 254 · District Court, W.D. Virginia · Oct 4, 1989

In order to be entitled to qualified immunity the party’s conduct must not have violated clearly established constitutional norms. Id. at 641, 107 S.Ct. at 3039. … This court must determine what was clearly established in 1986.

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.”

Clancy v. McCabe

441 Mass. 311 · Massachusetts Supreme Judicial Court · Mar 26, 2004

McCabe moved for summary judgment, claiming he was entitled to qualified immunity. … The doctrine of qualified immunity shields government officials, in the course of performing discretionary tasks, from liability for civil damages “insofar as their conduct does not violate clearly established statutory or

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.

Aboufariss v. City of De Kalb

305 Ill. App. 3d 1054 · Appellate Court of Illinois · Jul 7, 1999

To determine whether qualified immunity applies to a defendant in section 1983 actions, courts examine whether the defendant’s conduct violated plaintiff’s constitutional rights and whether the rights were clearly established … Once the defendant raises the defense of qualified immunity, the plaintiff carries the burden of demonstrating the violation of a clearly established right. Forman, 104 F.3d at 957-58 .

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.

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

Estate of Aaron Bruce Cadman v. Dennis, et al.

2018 DNH 018 · District Court, D. New Hampshire · Jan 29, 2018

Police officers “are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … (citation and internal quotation marks omitted). 5 The court focuses on the “clearly established” prong of the qualified immunity analysis because it is dispositive of the excessive force claim. See Pearson v.

Unwin v. Campbell

863 F.2d 124 · Court of Appeals for the First Circuit · Dec 9, 1988

A court must look to the “objective reasonableness of an official’s conduct, as measured by reference to clearly established law,” to determine whether the doctrine of qualified immunity applies. Id. … established law and are entitled to qualified immunity.

Mohammad Siddique v. Michael Laliberte

972 F.3d 898 · Court of Appeals for the Seventh Circuit · Aug 26, 2020

We elect to resolve this case on the second part of the qualified immunity test—whether the right was clearly established. This appeal, in its current iteration, involves only a First Amendment retaliation claim. … No such clearly established law exists.