Case law

Smith v. Cochran

339 F.3d 1205 · Court of Appeals for the Tenth Circuit · Aug 12, 2003

In addition, the court denied summary judgment on Cochran’s claim of qualified immunity because it found that the constitutional violation Smith alleged was clearly established at the time of the claimed violation. … Because Cochran argues that he is entitled to qualified immunity under the plaintiff’s version of the facts, focusing on the legal issue whether the constitutional right he allegedly violated was clearly established, we

Dagdagan v. City of Vallejo

682 F. Supp. 2d 1100 · District Court, E.D. California · Jan 7, 2010

A right is clearly established if a reasonable official would understand that what he is doing violates that right. If the right is not clearly established, then the officer is entitled to qualified immunity. … Defendants’ Motion for Qualified Immunity Each Defendant argues even if his actions violated Plaintiffs Fourth Amendment rights, the defense of qualified immunity shields him from liability. 4 The qualified immunity analysis

Gallaher v. Goldsmith

213 F. Supp. 2d 496 · District Court, E.D. Pennsylvania · Jul 26, 2002

When analyzing a qualified immunity claim, a court must first identify the constitutional or statutory right at stake and then determine if that right was clearly established at the time the defendants violated those rights … Because plaintiff pled a valid constitutional right he has satisfied the first prong of the qualified immunity inquiry. It must next be determined if that right was “clearly established.”

Tanya Martin v. City of Broadview Heights

712 F.3d 951 · Court of Appeals for the Sixth Circuit · Apr 9, 2013

Qualified immunity protects public officials from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.’” … The sources of clearly established law to be considered are limited.

Tracy Presson v. Darrin Reed

65 F.4th 357 · Court of Appeals for the Eighth Circuit · Apr 12, 2023

Thus, the pretrial detainee’s “right to adequate treatment was clearly established, and the district court properly denied the defendants qualified immunity.” Id. … Construing the facts in the light most favorable to Presson, his “right to adequate treatment was clearly established, and the district court properly denied the defendants 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

Rodis v. City & County of San Francisco

558 F.3d 964 · Court of Appeals for the Ninth Circuit · Mar 9, 2009

demonstrated a violation of clearly established law.” … The arrest, therefore, was not clearly established as unlawful. CONCLUSION For the foregoing reasons, we conclude that Defendants were entitled to qualified immunity.

Diaz v. Cantu

123 F.4th 736 · Court of Appeals for the Fifth Circuit · Dec 13, 2024

Forsyth, 472 U.S. 511, 528–30 (1985) (qualified immunity based on a lack of clearly established law); Plumhoff v. … established to strip an official of qualified immunity.

Tapanga Hardeman v. David Wathen

933 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 12, 2019

When attempting to defeat an assertion of qualified im- munity, the burden is on the plaintiffs to show that a particu- lar right is “clearly established.” … “Because a qualified immunity defense so closely depends ‘on the facts of the case,’ a ‘complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.’”

HIRA Educational Services Nort v. Frank Augustine

991 F.3d 180 · Court of Appeals for the Third Circuit · Mar 15, 2021

B Qualified immunity shields officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … When analyzing a qualified immunity claim we consider “(1) whether the plaintiff sufficiently alleged the violation of a constitutional right, and (2) whether the right was ‘clearly established’ at the time of the official

Braithwaite v. Tropea

District Court, E.D. New York · Jun 27, 2023

To determine whether qualified immunity applies, courts consider “whether the facts shown make out a violation of a constitutional right and whether the right at issue was clearly established … The United State Supreme Court has long extended qualified immunity to court reporters, such as Conner, where their conduct does not violate clearly established statutory or constitutional

Allison v. Department Of Corrections

94 F.3d 494 · Court of Appeals for the Eighth Circuit · Aug 30, 1996

See id. at ----, 115 S.Ct. at 2156 (noting that a denial of qualified immunity is immediately appealable so long as it turns on an issue of law; namely, "the purely legal issue [of] what law was 'clearly established' "). … immunity. 1 Government officials are entitled to qualified immunity when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Fulwood v. Porter

639 A.2d 594 · District of Columbia Court of Appeals · Mar 28, 1994

in light of the legal rules that were ‘clearly established’ at the time it was taken.” … Roberts, 823 F.2d 235, 238 (8th Cir.1987) (“clearly established law” for immunity purposes is supervisor’s duty in the particular circumstances to train adequately).

Tangreti v. Bachmann

983 F.3d 609 · Court of Appeals for the Second Circuit · Dec 28, 2020

Bachmann appealed from the denial of qualified immunity arguing that the scope of supervisory liability for deliberate- indifference claims under the Eighth Amendment is not clearly established after Ashcroft v. … is not clearly established.

Adams v. Lindsey

759 F. Supp. 795 · District Court, S.D. Florida · Feb 14, 1991

A Clearly Established Seizure: In Anderson, supra, the Court explained that the relevant legal rule under which the qualified immunity issue is judged must be fact specific. … ’ entitlement to qualified immunity.

Curtis Stewart v. Anne Precythe

91 F.4th 944 · Court of Appeals for the Eighth Circuit · Jan 30, 2024

As relevant here, the district court denied the motion for qualified immunity, concluding that “Stewart has sufficiently alleged that Precythe violated a constitutional right that was clearly established at the time of the … Finding no allegation of a constitutional violation in the complaint, we need not consider whether the right was clearly established to conclude that Precythe is entitled to qualified immunity. Kulkay v.

Katz v. United States

194 F.3d 962 · Court of Appeals for the Ninth Circuit · Oct 22, 1999

On the issue of qualified immunity, the district court held that the law governing the use of force in an arrest was clearly established. … A defendant will always be entitled to qualified immunity when the law governing his or her conduct was not clearly established -the first prong of the qualified immunity defense. 30 As a fallback position, Saucier argues

Goodwin v. City of Fultondale

706 So. 2d 766 · Court of Civil Appeals of Alabama · Oct 17, 1997

immunity because their actions violated clearly established constitutional law. … Clearly, the above testimony, alone, is insufficient to establish that Officer Hamilton was *Page 770 acting pursuant to a well-established municipal policy or custom.

Rich v. City of Mayfield Heights

955 F.2d 1092 · Court of Appeals for the Sixth Circuit · Feb 4, 1992

To determine if the defendant police officers’ actions violated any clearly established constitutional rights such that they would not be entitled to rely on qualified immunity, it is necessary for the Court to decide (1) … We held that: [T]he rights the district court cites as having been clearly established were not particularized rights as required by Anderson and, thus, were not sufficient to deny the defendants qualified immunity.

McCarty v. Stewart

District Court, S.D. Alabama · Apr 22, 2021

Jordan’s constitutional rights in light of the clearly established law at that time”); Lee v. … White, 703 F.3d 147, 152 (5th Cir. 1983)(finding the officer was entitled to qualified immunity because he was following an order of his supervisor in arresting the plaintiff and there