Case law

DANIELS v. COOKE

District Court, S.D. Indiana · May 12, 2022

In other words, qualified immunity is appropriate when the clearly established law, as applied to the facts, "would have left objectively reasonable officials in a state of uncertainty." Horshaw v. … Under some "extraordinary circumstances," an official may be entitled to qualified immunity based on reasonable ignorance of clearly established law governing the official's conduct. Harlow v.

JL ex rel. Thompson v. New Mexico Department of Health

169 F. Supp. 3d 1194 · District Court, D. New Mexico · Mar 4, 2016

Although qualified immunity is most often raised at the summary judgment stage, the Tenth Circuit has recognized the propriety of raising a qualified immunity defense in a motion to dismiss. … Defendants argue that they are shielded by qualified immunity from Plaintiffs’ substantive due process claims because the rights that Plaintiffs assert were not clearly established at the time of the challenged conduct that

Acoff v. Abston

762 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Jun 12, 1985

Abston invokes a qualified immunity from suit due to his “good faith” reliance on a City policy that was not clearly unconstitutional at the time of the shooting; the judgment in favor of all defendants could stand if this … The retroactive effect of Garner does not necessarily resolve the related issue of Officer Abston’s qualified immunity.

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 .

Ensey v. Culhane

727 A.2d 687 · Supreme Court of Rhode Island · Mar 30, 1999

Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991), the Supreme Court, in a per curiam opinion, made the following observation regarding qualified immunity: “Our cases establish that qualified immunity shields … Thus, the determination of qualified immunity on summary judgment has clearly been held to be appropriate.

Parker v. LeBlanc

73 F.4th 400 · Court of Appeals for the Fifth Circuit · Jul 17, 2023

Qualified immunity involves answering two questions: (1) “whether the officer violated a constitutional right,” and (2) “whether the ‘right at issue was “clearly established” at the time of [the] alleged misconduct. … Unlike the plaintiffs in Joseph, Parker identified cases in his district court briefing, as well as in his briefing to this court, that addressed the clearly-established-law prong of the qualified immunity analysis

Wright, Robert v. Funk

District Court, W.D. Wisconsin · Jul 23, 2020

Even if Johnson isn’t controlling, it is strong evidence that it wasn’t clearly established in December 2018 that defendants’ conduct violated the Eighth Amendment. So defendants are entitled to qualified immunity. … Haessig, 788 F.3d 662, 666 (7th Cir. 2015) (“The defense of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Dewayne Cox v. Bradley Quinn

828 F.3d 227 · Court of Appeals for the Fourth Circuit · Jul 6, 2016

Cleveland, 372 F.3d 294, 301 (4th Cir. 2004) (element of qualified immunity analysis is that the right in question “was ‘clearly established’ at the time of the alleged offense” … The court further found that the officers were not entitled to qualified immunity because the duty of jail officials to protect prisoners from inmate violence was clearly established in April of 2011.

Angela Johnson v. H.S. Caudill

475 F.3d 645 · Court of Appeals for the Fourth Circuit · Feb 2, 2007

Because a reasonable official in Sheriff Caudill’s position would not have considered the termination to violate Johnson’s clearly established constitutional rights, however, we find Sheriff Caudill entitled to qualified … “Absent clearly established law that proscribe[s] [an official’s] specific conduct, [he] should not be subjected to suit.” Id.

Henderson v. Lewis

District Court, N.D. California · Sep 10, 2019

clearly established statutory or 23 constitutional rights of which a reasonable person would have known.” … To determine whether a government official is entitled to qualified 25 immunity, courts must consider (1) whether the official’s conduct violated a constitutional right, 26 and (2) whether that right was “clearly established

Vincent v. State Through Dept. of Corrections

468 So. 2d 1329 · Louisiana Court of Appeal · Apr 16, 1985

Skinner examined an action brought pursuant to U.S.C. 42 § 1983, which permits government officials to raise a qualified immunity defense. … A plaintiff bringing forth a "1983 action" seeking damages for deprivation of statutory rights may overcome a defendant official's qualified immunity only by showing those rights were clearly established at the time of the

Manis v. Lawson

585 F.3d 839 · Court of Appeals for the Fifth Circuit · Oct 16, 2009

Alternatively, even if Zemlik used excessive force, he is nonetheless entitled to qualified immunity because his conduct was not objectively unreasonable in light of the clearly established law at the time of his actions … Therefore, Zemlik’s actions were objectively reasonable under clearly established law, and he is entitled to qualified immunity.

Anne Powers v. John T. Lightner, D/B/A Lightner Auto Sales, Third-Party v. Barry Jones and Bruce White, Third-Party

752 F.2d 1251 · Court of Appeals for the Third Circuit · Jan 16, 1985

Accordingly, the Court dropped the subjective component and announced that qualified immunity is to be judged by a simple objective standard: whether the acts of the official violated “clearly established statutory or constitutional … But when clearly established rights are involved, qualified immunity does not protect against trial: [W]e see no substantial basis for holding ... that executive officers generally may with impunity discharge their duties

Kovacic v. Cuyahoga County Department of Children & Family Services

724 F.3d 687 · Court of Appeals for the Sixth Circuit · Jul 31, 2013

rights were not clearly established as of March 26, 2002. … Clearly Established Rights We now turn to whether the law was clearly established on March 26, 2002, that a social worker could not seize children from their home without a warrant, exigent circumstances, or another recognized

Carnell v. Grimm

872 F. Supp. 746 · District Court, D. Hawaii · Dec 27, 1994

Qualified Immunity Plaintiff enjoys a clearly established right against arrest without probable cause. See Floyd v. Laws, 929 F.2d 1390, 1394 (9th Cir.1991) (right is clearly established). … the qualified immunity standard requires more than the firm establishment of a generalized right.

Donald Gagne, Etc. v. City of Galveston, and Mike Putnal

805 F.2d 558 · Court of Appeals for the Fifth Circuit · Dec 9, 1986

qualified immunity from damages for his death. … But until then, the defense of qualified immunity remains available.

Lynette Christmas v. Harris County, Georgia

51 F.4th 1348 · Court of Appeals for the Eleventh Circuit · Oct 28, 2022

DISCUSSION “Qualified immunity offers complete protection for govern- ment officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … If, however, the official vio- lated the law[,] but his conduct was not clearly established as un- lawful, the court must grant him qualified immunity.

Porter v. MASSARELLI

303 Ga. App. 91 · Court of Appeals of Georgia · Mar 24, 2010

(a) Qualified immunity protects government officials performing discretionary functions from individual claims if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … clearly established law.

Jok 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

Meli 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