Case law

Bergeron v. Cabral

560 F.3d 1 · Court of Appeals for the First Circuit · Mar 9, 2009

The Qualified Immunity Inquiry. A district court's ruling granting or denying a summary judgment motion premised on qualified immunity engenders de novo review. … The third prong of the qualified immunity inquiry is qualitatively different from the first two prongs.

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.

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.

Thomas Ingrassia v. Carol Dicknette

825 F.3d 891 · Court of Appeals for the Eighth Circuit · Jun 13, 2016

“Qualified immunity may protect government officials from liability under 42 U.S.C. § 1983, but not if their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have … Defendants contend that, even if questions of material fact remain whether Ingrassia was denied adequate nutrition, the right to adequate nutrition was not clearly established, warranting qualified immunity.

Olson v. City of Hooper Bay

251 P.3d 1024 · Alaska Supreme Court · Apr 15, 2011

But another primary purpose-immunity from damages-remains attainable if the claim of qualified immunity is established at trial. 62 *1037 In Sheldon, we affirmed the superior court's decision to grant qualified immunity to … When qualified immunity cannot be established as a matter of law because genuine issues of material fact bar summary judgment, qualified immunity may still be established at trial to shield against damages.

GRIFFIN v. THE CITY OF NEWARK

District Court, D. New Jersey · Dec 20, 2021

determining entitlement to qualified immunity” and teaches officials how to govern their conduct in the future. … Dep’t of Corr., 642 F.3d 163, 176 (3d Cir. 2011) (burden of establishing qualified immunity falls to official claiming it as defense (citing Harlow v. Fitzgerald, 457 U.S. 800, 819 (1982)).

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

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.

Pendleton v. Goord

849 F. Supp. 2d 324 · District Court, E.D. New York · Mar 27, 2012

Legal Standard Government actors may be shielded from liability for civil damages by qualified immunity, i.e., if their “conduct did not violate plaintiffs clearly established rights, or if it would have been objectively … Defendants argue that the Second Circuit’s decision in Earley did not clearly establish, for the purposes of qualified immunity, that the administrative imposition of a period of PRS violated a constitutional right.

Osborne v. Seymour

164 Wash. App. 820 · Court of Appeals of Washington · Nov 9, 2011

Qualified Immunity ¶41 “Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct ‘does not violate clearly established … For qualified immunity purposes, “clearly established” means: “[T]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.

Wyo. Guardianship Corp. v. Wyo. State Hosp.

428 P.3d 424 · Wyoming Supreme Court · Oct 11, 2018

Mullenax is entitled to qualified immunity. … Mullenax in his individual capacity. [¶ 22] We first address the clearly established prong of the qualified immunity analysis.

Williams v. Belknap

154 F. Supp. 2d 1069 · District Court, E.D. Michigan · Jul 24, 2001

If the Court were to decide that the right allegedly violated was not clearly established, the doctrine of qualified immunity would shield the defendant from suit. … The Court’s conclusion that the right was clearly established, conversely, would mean that qualified immunity is no obstacle to a continuation of the suit.

Carlos Gonzalez v. Able Huerta

826 F.3d 854 · Court of Appeals for the Fifth Circuit · Jun 23, 2016

Because we find no violation of clearly established law, we AFFIRM. I. … Huerta asserted qualified immunity and moved for summary judgment.

BOZEMAN EX REL. ESTATE OF HAGGARD v. Orum

302 F. Supp. 2d 1310 · District Court, M.D. Alabama · Feb 9, 2004

established law and, therefore, be entitled to qualified immunity. … immunity is clearly inappropriate.

Del A. v. Edwin Edwards, Individually and as Governor of the State of Louisiana

855 F.2d 1148 · Court of Appeals for the Fifth Circuit · Sep 28, 1988

The district court denied the motion, holding that because the alleged illegal actions violated clearly established statutory and federal constitutional rights, qualified immunity was not available. … Id. *1151 Thus, the concept of “clearly established” had to be defined narrowly to serve the goals of qualified immunity.

Jerry 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.

Kelly Martin v. Jordan Turner

73 F.4th 1007 · Court of Appeals for the Eighth Circuit · Jul 21, 2023

Assuming without deciding that decisions of the Eighth Circuit may constitute clearly established law for qualified-immunity purposes, cf. City of -4- Escondido v. … Thus, Martin failed to show that clearly established law prohibited Deputy Turner’s conduct, and Deputy Turner is entitled to qualified immunity. III.

Garcia-Montoya v. State Treasurer's Office

130 N.M. 25 · New Mexico Supreme Court · Jan 18, 2001

Qualified immunity “shield[s] [government officials performing discretionary functions] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … “clearly established” at the time of the official’s conduct.

MAHAMED v. Anderson

612 F.3d 1084 · Court of Appeals for the Eighth Circuit · Jul 30, 2010

Pedersen now appeals, claiming he is entitled to qualified immunity because he did not violate Mahamed’s constitutional rights, and even if he did, the law was not clearly established at the time of the incident. … “We have jurisdiction over an order denying summary judgment based on qualified immunity when the issue on appeal ‘turns on a legal determination [of] whether certain facts show a violation of clearly established law.’”

G-69 v. Degnan

745 F. Supp. 254 · District Court, D. New Jersey · Aug 21, 1990

Qualified Immunity With respect to qualified immunity, plaintiff must show that defendants violated some clearly established right. Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … The complete lack of any analogous case requires this court to find that defendants’ conduct was not so unreasonable in light of clearly established law as to vitiate their qualified immunity.