Case law

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.’”

Hudson v. Hall

231 F.3d 1289 · Court of Appeals for the Eleventh Circuit · Oct 30, 2000

violated clearly established law." … clearly established law.

Smith v. Lomax

45 F.3d 402 · Court of Appeals for the Eleventh Circuit · Feb 22, 1995

Then we ask, on the issue of qualified immunity, whether precedent clearly established that such conduct violated the Equal Protection Clause. … her of a clearly established property right.

Saved Magazine v. Spokane Police Department

19 F.4th 1193 · Court of Appeals for the Ninth Circuit · Dec 9, 2021

The panel held that Officer Doe was entitled to qualified immunity under the second prong of the qualified immunity analysis, which asks whether the constitutional right was clearly established at the time of defendant’s … Plaintiffs first argue that the district court erred in concluding that Officer Doe was entitled to qualified immunity because the law underpinning the alleged First Amendment violation was clearly established.

Hall v. Conklin

966 F. Supp. 546 · District Court, W.D. Michigan · Apr 1, 1996

In assessing qualified immunity, a defendant’s action is analyzed “in light of the legal rules that were ‘clearly established’ at the time it was taken.” Anderson v. … And if a plaintiff fails altogether to state a claim of violation of clearly established law, defendants are entitled to dismissal on grounds of qualified immunity. Cameron v.

Crone v. Connelly

74 Conn. App. 788 · Connecticut Appellate Court · Feb 4, 2003

“The defense of qualified immunity shields government officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did

Tonya Weinberg Gilmore v. Pam Hodges

738 F.3d 266 · Court of Appeals for the Eleventh Circuit · Dec 20, 2013

Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took place. … The Plaintiffs’ reliance on unpublished case law drawn from other circuits and from the district courts is unavailing, because only binding precedent can clearly establish a right for qualified immunity purposes.

Kipp v. Saetre

454 N.W.2d 639 · Court of Appeals of Minnesota · May 1, 1990

THE IMMUNITY OP APPELLANT COUNTY PROSECUTOR The absolute immunity of prosecutors was established by the United States Supreme Court in Imbler v. … of his qualified immunity.

Padilla v. Mason

169 S.W.3d 493 · Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

of qualified immunity and official immunity. … Because there was no clearly established rule which would prohibit Mason from using the force that he did, he is entitled to qualified immunity.

Raymond Barton v. Sheldon Neeley

114 F.4th 581 · Court of Appeals for the Sixth Circuit · Aug 27, 2024

If the public-official defendant did not violate a constitutional right, or if he did but the right was not clearly established at the time of the violation, then the defendant is entitled to qualified immunity. … Therefore, the court denied qualified immunity because it was “clearly established that the First Amendment protect[s] a citizen’s decision both as to what to say and  No. 23-2089 Barton v.

Odhuno v. Reed's Cove Health & Rehab., LLC

355 F. Supp. 3d 1026 · District Court, D. Kansas · Dec 14, 2018

Thus, Mallen does not support a clearly established constitutional right that defeats Rose and Sunderraj's claims of qualified immunity. … The Court next examines the second prong of qualified immunity-whether the law was clearly established.

Lang v. City of Nacogdoches

942 S.W.2d 752 · Texas Court of Appeals, 12th District (Tyler) · Mar 27, 1997

In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer … the legal rules that were “clearly established” at the time it was taken. *767 Anderson v.

Burns v. Citarella

443 F. Supp. 2d 464 · District Court, S.D. New York · Jul 18, 2006

Qualified Immunity: Merits The doctrine of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established … Nevertheless, “Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable

Newkirk v. Enzor

240 F. Supp. 3d 426 · District Court, D. South Carolina · Mar 8, 2017

Qualified Immunity Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … and (2) whether that right was clearly established at the time of the alleged misconduct.

Steven J. KELLEY, Plaintiff-Appellee, v. Robert G. BORG, Defendant-Appellant

60 F.3d 664 · Court of Appeals for the Ninth Circuit · Jul 28, 1995

Despite this erroneous statement in his order, however, the magistrate judge ultimately conducted the proper inquiry for a qualified immunity examination: He ruled that the right allegedly violated was clearly established … Appellants argue that they should have been granted qualified immunity because the second, “clearly established,” prong of the test has not been met.

Smith v. Peyman

93 F. Supp. 3d 738 · District Court, E.D. Kentucky · Mar 18, 2015

clearly established constitutional law. … The second prong of the qualified-immunity analysis asks whether the right in question was “clearly established” at the time of the violation. Hope v. Pelzer, 536 U.S. 730, 739 , 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002).

Catsouras v. Department of California Highway Patrol

181 Cal. App. 4th 856 · California Court of Appeal · Jan 29, 2010

“A rule of qualified immunity shields a public officer from an action for damages under section 1983 unless the officer has violated a ‘clearly established’ constitutional right. [Citation.] As stated in Saucier [v. … The high court explained that ‘[i]f the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.’ [Citation.]

Young v. City of Albuquerque

77 F. Supp. 3d 1154 · District Court, D. New Mexico · Dec 24, 2014

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.

VAN VALEN v. LANIGAN

District Court, D. New Jersey · Feb 21, 2020

established law, Lanigan would be entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (“[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

Bishop v. Hackel

636 F.3d 757 · Court of Appeals for the Sixth Circuit · Feb 1, 2011

QUALIFIED IMMUNITY Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability unless their conduct violates clearly established constitutional … a constitutional right; and (2) the right was clearly established.