Case law

Feltman v. Europe

District Court, D. Colorado · Jan 18, 2022

Once the qualified immunity defense is raised, the burden shifts to the plaintiff to demonstrate that the law was clearly established at the relevant time. Thomas v. Kaven, 765 F.3d 1183, 1194 (10th Cir. 2014). … According to the Tenth Circuit, “[i]n other words, ‘[g]eneral statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.

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.

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

John Moody v. Mich. Gaming Control Bd.

871 F.3d 420 · Court of Appeals for the Sixth Circuit · Sep 11, 2017

Therefore, the right was clearly established. … We therefore reverse the district court’s grant of qualified immunity on the Fifth Amendment claim, and hold that the right articulated in Moody I was clearly established at the time of the violation. 2.

Kyle v. Civil Service Com'n

588 So. 2d 1154 · Louisiana Court of Appeal · Jan 3, 1992

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978). [4] However, we need not decide whether absolute immunity applies to the present factual situation since we find that the doctrine of qualified immunity is clearly … Considering the above cited principles, we now review the pleadings in this matter to determine whether the plaintiff has set forth material facts establishing that the defendants violated a clearly established right of which

Adam Brooks v. Clark County

828 F.3d 910 · Court of Appeals for the Ninth Circuit · Jul 7, 2016

To that end, qualified immunity shields an officer from damages liability when it was not “clearly established that the Fourth Amendment prohibited [his] conduct in the ‘situation [he] confronted.’” Mullenix v. … qualified immunity defense.

Amir Brandy v. City of St. Louis, Missouri

75 F.4th 908 · Court of Appeals for the Eighth Circuit · Jul 28, 2023

“To defeat qualified immunity, [Brandy] must prove that: ‘(1) the facts, viewed in the light most favorable to [him], demonstrate the deprivation of a constitutional or statutory right; and (2) the right was clearly established … But just because the law is clearly established does not mean there was a constitutional violation.

Lichtenstein v. Lower Merion Sch. Dist.

316 F. Supp. 3d 855 · District Court, E.D. Pennsylvania · Jun 28, 2018

"The second prong of the qualified-immunity analysis asks whether the right in question was 'clearly established' at the time of the violation." Id. at 1866 . … of controlling authority in our jurisdiction or a robust consensus of cases of persuasive authority in the Courts of Appeals [that] could clearly establish a right for purposes of qualified immunity."

Willis v. Blevins

957 F. Supp. 2d 690 · District Court, E.D. Virginia · Jul 30, 2013

Determining whether qualified immunity applies entails a two-step inquiry: (1) “whether a constitutional right would have been violated on the facts alleged;” and (2) “whether the right was clearly established.” … Moreover, based on the discussion of Buckley and Kalina above, the right not to be deprived of one’s liberty by the fabrication of evidence is clearly established.

Sean G. Duffy v. Chase Riveland, Secretary of Washington State Department of Corrections, James Spalding, Director, Kenneth Ducharme, Superintendent, John Ahlsted, Corrections Sergeant, Peggy Williams, Clerk/typist, Jerry Sorenson, Corrections Officer, Frances Linder, Corrections Officer, Sean G. Duffy v. Craig Yost, Classification Counselor, William Woodly, Corrections Unit Supervisor, David Karton, Corrections Sergeant, Linda Willenberg, Corrections Program Manager, Kenneth Ducharme, Superintendent

98 F.3d 447 · Court of Appeals for the Ninth Circuit · Oct 11, 1996

The Supreme Court has established a three-part test for Article III standing. … immunity.

Sonia Garcia v. Wesley Blevins

957 F.3d 596 · Court of Appeals for the Fifth Circuit · Apr 30, 2020

We therefore hold Blevins is entitled to qualified immunity because he did not violate clearly established law. IV. … The Garcias also assert that, if we conclude the law was not clearly established, we should reconsider our approach to qualified immunity.

Graham v. Cawthorn

427 S.W.3d 34 · Supreme Court of Arkansas · Apr 18, 2013

Under that analysis, a motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established, and … Brt, supra (emphasis added). 5 The Supreme Court of the United States has recognized that “courts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without

Division of Employment Security v. Board of Police Commissioners

864 F.3d 974 · Court of Appeals for the Eighth Circuit · Jul 28, 2017

The Officers “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.’” … “Our prior cases have clearly established that use of [a] taser on a nonfleeing, nonviolent suspected misdemeanant [is] unreasonable.” Brossart v.

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.

William Meyers, Sr. v. Baltimore County, Maryland

713 F.3d 723 · Court of Appeals for the Fourth Circuit · Feb 1, 2013

Ryan’s clearly established constitutional rights. … We repeatedly have held that it is not required that a right violated already have been recognized by a court in a specific context before such right may be held "clearly established" for purposes of qualified immunity.

Peggy Shumpert v. City of Tupelo, Mississip

905 F.3d 310 · Court of Appeals for the Fifth Circuit · Sep 24, 2018

The resolution of this case turns primarily on whether these rights were clearly established, so we will begin with that step of the qualified immunity analysis. … established law. 60 He is therefore entitled to qualified immunity on this claim. 61 C.

Watson v. City of Kansas City, Kan.

80 F. Supp. 2d 1175 · District Court, D. Kansas · Nov 8, 1999

“If the district court denies the defendant qualified immunity, the court should identify on the record the defendant’s conduct that violated clearly established law.” Mick v. … In arguing against qualified immunity, plaintiffs do not cite a single case which establishes that defendants’ conduct violated clearly established procedural due process rights.

Thornhill v. Breazeale

88 F. Supp. 2d 647 · District Court, S.D. Mississippi · Feb 10, 2000

Plaintiffs, therefore, have alleged the violation of a clearly established constitutional right and satisfied the first prong of the qualified immunity test. … “The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, whether

Marrero-Mendez v. Calixto-Rodriguez

830 F.3d 38 · Court of Appeals for the First Circuit · Jul 19, 2016

Clearly Established Law Appellants would still be entitled to qualified immunity if the right they violated was not "clearly established" at the time of their conduct. … establishes' law for the purposes of a qualified immunity analysis").

Walter Franklin, II v. Lucas Peterson

878 F.3d 631 · Court of Appeals for the Eighth Circuit · Dec 26, 2017

DISCUSSION This is an appeal from the denial of qualified immunity as to Officers Peterson and Meath, a doctrine that “shields a government official from liability unless his conduct violates ’clearly established statutory … In an interlocutory appeal from an order denying qualified immunity, we have authority to decide the purely legal issue of whether the facts alleged by the plaintiff are a violation of clearly established law.