Case law

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.

Khansari v. City of Houston

14 F. Supp. 3d 842 · District Court, S.D. Texas · Apr 9, 2014

’s Fourth Amendment rights, the court turns directly to the second analytical step of the qualified immunity analysis: whether that right was clearly established when the actions at issue occurred. … January 26, 2010), plaintiffs acknowledge that [f]or the purposes of the qualified immunity analysis, “ ‘clearly established’ means that the ‘contours of the right’ are ‘sufficiently clear that a reasonable official would

Williams v. Goord

142 F. Supp. 2d 416 · District Court, S.D. New York · Jan 24, 2001

Even if the applicable law was clearly established when the purported violation occurred, officials may still successfully assert qualified immunity if they can show that their actions were “objectively reasonable.” … Summary judgment on the basis of a claim of qualified immunity is therefore only appropriate if the court finds that the asserted rights were not clearly established, or if the evidence is such that, even when it is viewed

Siegert v. Gilley

692 F. Supp. 1406 · District Court, District of Columbia · Jun 30, 1988

When the Harlow Court redefined the qualified immunity defense it provided an additional basis for defendant to retain his qualified immunity even if his actions violated clearly established statutory or constitutional rights … Our inquiry does not end with the identification of a violation of a clearly established constitutional right and the stripping away of defendant’s qualified immunity.

Isely v. Capuchin Province

877 F. Supp. 1055 · District Court, E.D. Michigan · Mar 7, 1995

General Electric Company, supra, make clear that the initial foundational requirement a proponent of expert scientific testimony must meet as a pre-requisite to admissibility is to establish that the witness is qualified … It was in Frye that the "general acceptance” requirement was first established. 4 .

McCartney v. May

50 S.W.3d 599 · Texas Court of Appeals, 7th District (Amarillo) · Jun 7, 2001

overcome their entitlement to qualified immunity. … ’s qualified immunity on May’s substantive due process claims.

Lopera v. Town of Coventry

652 F. Supp. 2d 203 · District Court, D. Rhode Island · Sep 9, 2009

On this claim, the officers have asserted the defense of qualified immunity, which “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or … immunity analysis, are more properly explored under the clearly established prong.

Michael Hampton v. State of California

83 F.4th 754 · Court of Appeals for the Ninth Circuit · Oct 3, 2023

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … To be clearly established, the relevant right must have been defined more narrowly.

Katrina McGrew v. Sergeant Duncan

937 F.3d 664 · Court of Appeals for the Sixth Circuit · Sep 4, 2019

Qualified immunity shields the officers from suit if (1) they did not violate any of McGrew’s constitutional rights or (2) the violated rights, if any, were not “clearly established” when they acted. Pearson v. … So whether they are entitled to qualified immunity turns on whether McGrew suffered an injury and whether the right she claims they violated was clearly established when they acted.

Shemwell v. Cannon

352 F. Supp. 3d 690 · District Court, N.D. Texas · Jan 15, 2019

Qualified Immunity Qualified immunity insulates a government official from civil damages liability when the official's actions do not "violate clearly established statutory or constitutional rights of which a reasonable person … In analyzing whether an individual defendant is entitled to qualified immunity, the court considers whether plaintiff has alleged any violation of a clearly established right, and, if so, whether the individual defendant's

Mata v. Anderson

760 F. Supp. 2d 1068 · District Court, D. New Mexico · Jan 24, 2009

Clearly Established Law. … Moreover, he does not enjoy qualified immunity, because retaliatory prosecution has been clearly established as a constitutional violation, and the allegations in the First Amended Complaint, if taken as true, establish such

Venegas v. County of Los Angeles

63 Cal. Rptr. 3d 741 · California Court of Appeal · Jul 31, 2007

Today qualified immunity shields a public officer from an action for damages under 42 United States Code section 1983 *1242 unless the officer has violated a “clearly established” constitutional right. 24 By “clearly established … established’ at the time.”

Vann v. City of Southaven

199 F. Supp. 3d 1129 · District Court, N.D. Mississippi · Aug 10, 2016

As such, if a court concludes that the “clearly established” prong provides a clearer basis for deciding the qualified immunity issue, then it may consider that prong first. Pearson v. … Thus, the plaintiff in this case has done exactly what the Supreme Court stated he should not do, namely rely upon the broad Gamer standard in order to meet the “clearly established” prong of the qualified immunity test.

Dorothy King, R.N. and Patricia Battle, R.N. v. Virginia Betts,, Commissioner of the Tennessee Department of Mental Health and Developmental Disabilities, in her Individual Capacity

Court of Appeals of Tennessee · Dec 18, 2009

As to the issue of qualified immunity, the trial court found that qualified immunity applied as “the right that was allegedly violated is not a clearly established right of which a reasonable person would have known.” … Further, qualified immunity would not apply if the Appellees’ conduct was unreasonable “in light of the clearly established constitutional rights.” Williams, 186 F.3d at 691.

Kayla Robinson v. Angela Hawkins

937 F.3d 1128 · Court of Appeals for the Eighth Circuit · Sep 5, 2019

In considering a defense of qualified immunity, the law must not be examined at a high level of generality: “The dispositive question is whether the violative nature of particular conduct is clearly established.” … Rulings declaring the violation of a “clearly established right” require careful attention, because “qualified immunity is important to ‘society as a whole,’ and because as ‘an immunity from suit,’ qualified immunity ‘is

BD. OF COM'RS OF EFFINGHAM CTY. v. Farmer

228 Ga. App. 819 · Court of Appeals of Georgia · Oct 15, 1997

Public officials are entitled to qualified immunity 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 … The test for determining whether a defendant is protected from suit by reason of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly established law; in this regard

Wright v. City of Philadelphia

409 F.3d 595 · Court of Appeals for the Third Circuit · Jun 6, 2005

violated was clearly established. … right was clearly established.”

Callahan v. Millard County

494 F.3d 891 · Court of Appeals for the Tenth Circuit · Jul 16, 2007

The district court held that the individual officers were entitled to qualified immunity because Mr. Callahan did not establish that the officers violated a clearly established right. … Callahan’s rights were clearly established Having established that Mr. Callahan’s rights were violated, we now turn to whether these rights were clearly established.

Charles Odom v. Kenan Kaizer

864 F.3d 920 · Court of Appeals for the Eighth Circuit · Jul 26, 2017

right was so ‘clearly established’ at the time of the alleged violation that a reasonable officer would have known that his conduct was unlawful.” … established,” fulfilling part of the qualified immunity test.