Case law

Cortezz 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.

Atherton v. District of Columbia Office of the Mayor

813 F. Supp. 2d 78 · District Court, District of Columbia · Sep 26, 2011

"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id. … Marshal protected by qualified immunity where “the law in 2002 did not clearly establish that strip searching all male arrestees prior to placement in holding cells at the Superior Court violated the Fourth Amendment.”)

McGuire v. County of Hawai'i. Concurring Opinion by Ginoza, J, filed 04/08/2025 [ada].

Hawaii Supreme Court · Apr 8, 2025

Rafe Foreman, Qualified Immunity: A Legal Fiction That Has Outlived Utility, 48 Ohio N.U. L. Rev. 503, 519 (2022). The good faith test evolved to a clearly-established-law test. Harlow v. … Qualified immunity whitewashes civil rights deprivations by excusing bad-acting officials from liability so long as their conduct does not offend a clearly established right.

Von Stein v. Brescher

696 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.

Bird v. Dzurenda

131 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.

Kyle v. Bedlion

District 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.

Degolia v. Kenton Cnty.

381 F. Supp. 3d 740 · District Court, E.D. Kentucky · May 7, 2019

For an alleged right to be clearly established, the doctrine of qualified immunity "do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond debate." … . *772 But because Branstutter violated a clearly established constitutional right, a jury could conclude he acted in bad faith. Therefore, Branstutter is not entitled to qualified official immunity. B.

Pray v. City of Sandusky

49 F.3d 1154 · Court of Appeals for the Sixth Circuit · Mar 21, 1995

In other words, qualified immunity is appropriate either on the basis that the right allegedly violated was not at the time “clearly established,” or if “clearly established,” was one that a “reasonable” person in the defendant … Thus, when a defendant moves for summary • judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable officer in the

Trenisha Webster v. Jennifer Westlake

41 F.4th 1004 · Court of Appeals for the Eighth Circuit · Jul 27, 2022

State officials are entitled to qualified immunity in § 1983 lawsuits unless they violated a federal “statutory or constitutional right that was clearly established at the time.” City & Cnty. of S.F. v. … Although the detectives violated Webster’s Fourth Amendment rights, they are entitled to qualified immunity if the right was not clearly established on October 16, 2018. Pearson, 555 U.S. at 244.

Pyle v. Woods

874 F.3d 1257 · Court of Appeals for the Tenth Circuit · Nov 1, 2017

Database was not clearly established. … As in the Pyle matter, the district court concluded Detective Woods and Mayor Cullimore were entitled to qualified immunity because the constitutional right at issue was not clearly established.

Powers v. CSX Transportation, Inc.

105 F. Supp. 2d 1295 · District Court, S.D. Alabama · Jul 5, 2000

The firsU — to honor the policies undergird-ing qualified immunity by disposing of cases quickly on legal grounds — is equally applicable to the “clearly established” inquiry. … “In this circuit, the law can be 'clearly established’ for qualified immunity purposes only by decisions of the U.S.

Karen Bonitz v. Michael v. Fair, Karen Bonitz v. Michael v. Fair, Appeal of William Shaughnessy

804 F.2d 164 · Court of Appeals for the First Circuit · Nov 3, 1986

When a government official asserts a defense of qualified immunity, his argument is that, even assuming the plaintiff’s allegations are true, he is immune from suit because the law allegedly violated was not clearly established … ” were clearly established.

Hartley Ex Rel. Hartley v. Parnell

193 F.3d 1263 · Court of Appeals for the Eleventh Circuit · Oct 28, 1999

Government officials performing discretionary functions are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … (The second inquiry is whether the violated federal right, if any, was clearly established.)

Uduko v. Cozzens

975 F. Supp. 2d 750 · District Court, E.D. Michigan · Sep 27, 2013

Plaintiff goes on to argue that defendants are not entitled to qualified immunity because plaintiff pled that his rights that were violated were clearly established at the time of defendants’ conduct. … Of course, those rights are clearly established. However, if courts define rights at such a broad level, qualified immunity will virtually cease to exist. Therefore, in Anderson v.

Leydens v. City of Des Moines

484 N.W.2d 594 · Supreme Court of Iowa · May 13, 1992

The Qualified Immunity Issue. … The defendants argue that under a qualified immunity claim only an “arguable” case of probable cause need be established.

Green v. City of New York

465 F.3d 65 · Court of Appeals for the Second Circuit · Oct 5, 2006

immunity. 12 The defense of qualified immunity and the merits of the alleged constitutional violations are intertwined because the first step in a qualified immunity analysis is determining "in the light most favorable to … Giblin is entitled to qualified immunity for the seizure he directed unless (1) Walter's constitutional right to be free from seizure was clearly established, and (2) it was objectively unreasonable for Giblin to believe

Crowell v. Kirkpatrick

667 F. Supp. 2d 391 · District Court, D. Vermont · Sep 14, 2009

“clearly established” right. … “If the right [alleged to be violated] was not clearly established ..., then qualified immunity shields the defendant.” Walczyk, 496 F.3d at 154 .

Payne v. Nebraska Dept. of Corr. Servs.

Nebraska Court of Appeals · May 3, 2016

Qualified immunity protects government officials from liability for civil dam- ages insofar as their conduct does not violate clearly established … Qualified immunity consists of two inquiries: (1) whether the facts that a plaintiff has alleged make out a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of the

Johnson v. Adams

District Court, E.D. Michigan · Dec 28, 2021

Plaintiff argues that Defendants are not entitled to qualified immunity. Plaintiff first asserts that his federal malicious prosecution and Brady violation claims were clearly established in 1999. … To overcome a qualified immunity defense, a plaintiff must show that the official violated a constitutional right that was “clearly established at the time” of the official’s conduct. District of Columbia v.

Shah v. University of Texas Southwestern Medical School

54 F. Supp. 3d 681 · District Court, N.D. Texas · Oct 20, 2014

Shah violated a clearly established right. … Shah violated one or more of Shah’s clearly established constitutional rights when he wrote to the SPC, Dr. Shah is entitled to qualified immunity. E The court now considers whether Dr.