Case law

Patsy Carolyn POE, Plaintiff-Appellee, v. Donnie HAYDON, Et Al., Defendants-Appellants

853 F.2d 418 · Court of Appeals for the Sixth Circuit · Jul 28, 1988

Poe contends that the burden is on the defendants to establish that they are entitled to qualified immunity; the plaintiff has no burden whatsoever of showing that the rights at issue were “clearly established” at the time … IV In rejecting the appellants’ claim to qualified immunity, the district court concluded that the appellants “may have violated the plaintiff's clearly established rights and hence are not qualifiedly immune.”

Whiting v. Tunica County

222 F. Supp. 2d 809 · District Court, N.D. Mississippi · Jul 19, 2002

— was also clearly established. … The Court notes, under the first prong of the qualified immunity analysis, that the contours of this constitutional violation for qualified immunity purposes were clearly established at the relevant time.

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

Lum v. Koles

314 P.3d 546 · Alaska Supreme Court · Dec 13, 2013

established’ . . . .”) … The officers’ conduct was reasonable and certainly does not violate clearly established law, unlike that of the officers in Headwaters Forest Defense v.

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.

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.

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.

Claudio v. United States

836 F. Supp. 1219 · District Court, E.D. North Carolina · Feb 2, 1993

Moreover, even if the asserted right is “clearly established,” the qualified immunity defense still protects the official if “he neither knew nor should have known of the relevant legal standard.” … Rights Clearly Established The First and Fifth Amendment rights to free speech, due process and equal protection certainly are clearly established.

Kenneth Ratliff v. Aransas County, Texas

948 F.3d 281 · Court of Appeals for the Fifth Circuit · Jan 15, 2020

He offered the testimony because of a failing memory and to rebut the deputies’ qualified immunity defense in this § 1983 case. … The second “asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656.

Johnson v. Harris

District Court, W.D. Oklahoma · Aug 7, 2024

“When a defendant raises a qualified immunity defense, the court must dismiss the action unless the plaintiff shows that (1) the defendant violated a statutory or constitutional right, and (2) the right was clearly established … support for the notion that the law is clearly established.”).6 Accordingly, Ms. Johnson’s Fourth Amendment claim against Ms. Shelton-Denley is barred by qualified immunity.7 B.

Hoefling v. City of Miami

17 F. Supp. 3d 1227 · District Court, S.D. Florida · May 6, 2014

“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.” Behrens v. … On a motion to dismiss, “[t]o evaluate claims of qualified immunity, the Court considers whether (1) the plaintiff has alleged a violation of a constitutional right; and (2) whether the right was ‘clearly established’ at

Sheldon v. City of Ambler

178 P.3d 459 · Alaska Supreme Court · Mar 14, 2008

Using the Saucier analysis, the superior court held that Jones and the City of Ambler were protected by qualified immunity because “[t]here was no clearly established law ... that would have given a reasonable officer notice … "If the law d[oes] not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate." Id. at 202, 121 S.Ct. 2151 . 12 .

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.

City of Dallas v. Half Price Books, Records, Magazines, Inc.

883 S.W.2d 374 · Texas Court of Appeals, 5th District (Dallas) · Aug 18, 1994

If a police officer is immune from tort liability under the qualified immunity doctrine, the city is also immune. City of Houston v. Newsom, 858 S.W.2d 14, 19 (Tex.App. … My actions were consistent with State law and departmental regulations, and I did not violate clearly established law of which a reasonable person would have known.

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.

Kersavage v. University of Tennessee

731 F. Supp. 1327 · District Court, E.D. Tennessee · Dec 5, 1989

Moreover, the Court does not believe that qualified immunity applies to the individual defendants as a matter of law because the law of patent infringement is clearly established, relegating the application of such immunity … Reconsideration of Qualified Immunity The two individual defendants reassert their defense of qualified immunity, contending that under applicable precedent they could not have known that their conduct violated established

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.

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.”

Mason-Funk v. City of Neenah

895 F.3d 504 · Court of Appeals for the Seventh Circuit · Jul 10, 2018

Even if the officers had used unreasonable force, the court concluded they were entitled to qualified immunity because the officers did not violate a clearly established right. Id. at 1016-22 . … "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Kisela v.

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