Case law
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Steven Taylor v. Robert Caples
2 F.4th 1124 · Court of Appeals for the Eighth Circuit · Jul 1, 2021
Because material disputes of fact must be resolved before we can reach the legal argument of whether Caples’s conduct violates clearly established law, we dismiss the appeal for lack of jurisdiction. I. … violated a clearly established federal right.
Cited 9 timesPublishedDistrict 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.
Cited 0 timesUnknownJerry Lynn Young v. Neil B. Biggers, Jr., J.W. Collins
938 F.2d 565 · Court of Appeals for the Fifth Circuit · Jul 26, 1991
Public officers “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Lynch v. … Herring is entitled to a qualified immunity as Sheriff.
Cited 85 timesPublished150 F. Supp. 2d 888 · District Court, E.D. Virginia · Jul 17, 2001
right involved “at the appropriate level of specificity.” 12 Once this is done, the qualified immunity analysis proceeds to ascertain whether the right so defined was clearly established at the time of the incident. … If the right was not clearly established in the law at the time, no further inquiry is necessary, as qualified immunity is warranted under these circumstances. See Saucier, 121 S.Ct. at 2157.
Cited 4 timesPublished626 F.2d 1157 · Court of Appeals for the Fourth Circuit · Jul 1, 1980
Cited 57 timesPublishedCourt of Appeals for the Ninth Circuit · Aug 20, 2026
OPINION MILLER, Circuit Judge: In an interlocutory appeal from an order denying a motion for summary judgment on the basis of qualified immunity, we may consider “whether the facts establish a violation of a clearly … In such an appeal, we may review “whether the facts establish a violation of a clearly established constitutional right, thus defeating qualified immunity.” Peck, 51 F.4th at 885.
Cited 0 timesPublished626 F. Supp. 1149 · District Court, W.D. Michigan · Jan 24, 1986
The real question in this case, as in all cases involving the claim of wralified immunity, is whether the conduct of the individual defendants violated a clearly established constitutional or statutory right, and if so, whether … For these reasons, I conclude that there was no clearly established constitutional or statutory law restricting the individual defendants’ discretionary conduct and, hence, the individual defendants are entitled to qualified
Cited 5 timesPublished21 F. Supp. 2d 476 · District Court, D. New Jersey · Sep 29, 1998
Generally speaking, “[ujnless plaintiffs allegations state a claim of a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … established right occurred; Judge Greenberg would have ended qualified immunity analysis at that stage of the inquiry).
Cited 3 timesPublishedJok v. City of Burlington, Vermont
District Court, D. Vermont · Feb 14, 2022
Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … City of Detroit, 936 F.3d 410, 425 (6th Cir. 2019) (denying qualified immunity and finding an officer’s slamming of an arrestee into a wall violated clearly established federal law); see
Cited 0 timesUnknownMeli v. City of Burlington, Vermont
District Court, D. Vermont · Feb 14, 2022
Torreso, 764 F.3d 217, 237 (2d Cir. 2014) (“An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used … In assessing whether an officer is entitled to qualified immunity, the Court can begin with the “clearly established” inquiry first, and if it finds that a right was not clearly
Cited 0 timesUnknown554 F.3d 807 · Court of Appeals for the Ninth Circuit · Feb 5, 2009
The District Court however found that Cole was entitled to qualified immunity because the constitutional right in question was not clearly established. … Clearly Established Right The District Court found that Cole was entitled to qualified immunity because the Eighth Amendment right to adequate food was not clearly established such that it would be clear to a reasonable corrections
Cited 257 timesPublishedDistrict Court, N.D. New York · Aug 21, 2019
Supp. 3d 305, 316 (S.D.N.Y. 2014) (finding clearly established for qualified immunity purposes the "broader right to be free from deliberate indifference to serious medical needs" and applying it to pre-trial detainee). … True or not, qualified immunity would not attach to those facts.
Cited 0 timesUnknown828 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.
Cited 34 timesPublished357 F. Supp. 3d 732 · District Court, E.D. Wisconsin · Jan 11, 2019
The test for qualified immunity is (1) whether the defendants' alleged actions violated the plaintiff's constitutional rights; and (2) "whether the implicated right was clearly established at the time." Jones v. … Therefore, if Bevenue did ignore Terry's cries for help as she went into labor, qualified immunity would not protect Bevenue from suit because "qualified immunity does not insulate state actors from violations of clearly
Cited 11 timesPublished949 F. Supp. 1461 · District Court, D. Hawaii · Jun 14, 1996
Qualified Immunity For Defendant’s Failure to File a Timely Petition 19. An official is entitled to qualified immunity if the right which he allegedly violated is not “clearly established.” Anderson v. … established for purposes of qualified immunity.
Cited 3 timesPublishedCortezz Dickerson v. William Bower
Court of Appeals of Kentucky · Feb 21, 2025
DISPOSITIVE ORDER FINDING QUALIFIED OFFICIAL IMMUNITY AND THE PROPER STANDARD OF REVIEW Appellees asserted in their answer to the complaint the affirmative defense of qualified official immunity … Appellees were entitled to qualified immunity from the torts Appellants alleged against them.
Cited 0 timesPublishedPatricia MacIntosh v. Ron Clous
69 F.4th 309 · Court of Appeals for the Sixth Circuit · May 31, 2023
Whether the Right Was Clearly Established The second prong of the qualified immunity analysis asks whether the right was “clearly established such ‘that a reasonable official would understand that what he is doing … Taken as true, MacIntosh’s allegations plausibly show that Clous is not entitled to qualified immunity because it was clearly established that Clous’s conduct violated MacIntosh’s First Amendment rights.
Cited 35 timesPublished696 F. Supp. 606 · District Court, S.D. Florida · Oct 5, 1988
, their conduct violated “clearly established law.” … Scherer, 468 U.S. 183, 194-95 , 104 S.Ct. 3012, 3019-20 , 82 L.Ed.2d 139 (1984), any claim to qualified immunity would not be lost merely for the violation of the clearly established law embodied in that statute.
Reversed on other grounds by Charles H. Von Stein v. George A. Brescher, 904 F.2d 572 (1990)Cited 3 timesPublished131 F.4th 787 · Court of Appeals for the Ninth Circuit · Mar 13, 2025
We conclude that such a challenge fails to allege a violation of clearly established law and reverse the district court’s denial of qualified immunity. I. … “[I]n the prison context,” we have said that the “prohibition against retaliatory punishment” may violate “clearly established law” for qualified immunity purposes. Chavez v.
Cited 8 timesPublishedDistrict Court, District of Columbia · Apr 1, 2016
Sergeant Bedlion Is Entitled To Qualified Immunity With Respect To Kyle’s Excessive-Force Claim Because It Was Not Clearly Established That Bedlion’s Use Of Force Violated Kyle’s Fourth Amendment … violated a clearly established right[.]” Muhammad, 881 F. Supp. 2d at 122. Therefore, Bedlion is entitled to qualified immunity on Kyle’s excessive -force claim. B.
Cited 0 timesPublished
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