Case law

Baer v. Leach

2014 DNH 214 · District Court, D. New Hampshire · Nov 24, 2015

Finally, Baer argues that Leach cannot be entitled to qualified immunity because the right to be free from arrests unsupported by probable cause is clearly established, and because a reasonable officer would have known … Determining whether a right is clearly established for qualified immunity purposes requires assessing the right “in light of the specific context of the case, not as a broad general proposition.” Mullenix v.

Alfredo Devargas v. Mason & Hanger-Silas Mason Co., Inc. T.R. Hook, Individually and in His Official Capacity Don Hardwick, Individually and in His Official Capacity, and John Does, Individually and in Their Official Capacities, Los Alamos National Laboratory Richard One Through Two, Individually and in Their Official Capacities University of California Robert Pogna, Employee Los Alamos National Laboratory, Alfredo Devargas v. Mason & Hanger-Silas Mason Co., Inc. T.R. Hook, Individually and in His Official Capacity Don Hardwick, Individually and in His Official Capacity, and the United States Department of Energy John Does, Individually and in Their Official Capacities Los Alamos National Laboratory Richard One Through Two, Individually and in Their Official Capacities Gary Granere, Acting Area Manager-Department of Energy Los Alamos Area Office University of California Donald Kerr, Director, Los Alamos National Laboratory Ed. C. Walterscheid, Employee Los Alamos National Laboratory John S. Herrington Robert Pogna, Employee Los Alamos National Laboratory

844 F.2d 714 · Court of Appeals for the Tenth Circuit · Apr 7, 1988

to qualified immunity. … If the law was not clearly established at the time defendants acted, they are entitled to qualified immunity. Id.; Mitchell, 472 U.S. at 524 , 105 S.Ct. at 2814 .

Hicks v. Leffler

119 Ohio App. 3d 424 · Ohio Court of Appeals · Apr 24, 1997

First, with regard to immunity for a federal claim, in order to defeat a defendant’s motion for summary judgment under a qualified immunity defense, a “plaintiff must: 1) identify a clearly established right alleged to have … Taken together, Hunter and Harlow stand for the proposition that, where the law has been clearly established, a mistaken decision made in extraordinary circumstances may not lead to loss of immunity.

McGreal v. AT & T Corp.

892 F. Supp. 2d 996 · District Court, N.D. Illinois · Sep 24, 2012

Qualified immunity can be grounds for a Rule 12(b)(6) dismissal when the allegations of the complaint, taken as true, fail to allege the violation of a clearly established right. Landstrom v. Ill. … In Tamayo , the Seventh Circuit reversed a dismissal on grounds of qualified immunity because “[tjaking all facts pleaded in [the plaintiffs] complaint as true, the defendants violated a clearly established constitutional

Melissa Hearring v. Karen Sliwowski

712 F.3d 275 · Court of Appeals for the Sixth Circuit · Mar 27, 2013

clearly established.” … Dragovic, 576 F.3d 539, 544 (6th Cir. 2009) (addressing the clearly established prong first in the qualified-immunity analysis).

Vitalone v. Curran

665 F. Supp. 964 · District Court, D. Maine · Jul 17, 1987

The court held that Anderson did not enjoy qualified immunity, because “the Creightons’ fourth amendment rights and the ‘exigent circumstances’ doctrine were ‘clearly established’ on [the date of the search].” … Thus, to win summary judgment on the ground of qualified immunity, defendants must establish either that the law establishing the right allegedly violated was not clearly established, or that, in light of the facts and circumstances

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.

William Manery v. Jason Lee

124 F.4th 1073 · Court of Appeals for the Seventh Circuit · Jan 7, 2025

An official will be protected by qualified immunity “un- less the plaintiff shows: ‘(1) that the official violated a statu- tory or constitutional right, and (2) that the right was “clearly established” at the time of the … It was not clearly established that Lieutenant Lee’s use of deadly force was unreasonable, and, accordingly, he is entitled to qualified immunity.

Rodriguez v. Passinault

637 F.3d 675 · Court of Appeals for the Sixth Circuit · Mar 25, 2011

Garner[, 471 U.S. 1 (1985),] provides a ‘clearly established’ right that fulfills the second prong of the qualified immunity analysis.” Id. at 347. … Thus, Pierce is entitled to qualified immunity.” Id. at 878.

Jason Carter v. Mark Ludwick

139 F.4th 982 · Court of Appeals for the Eighth Circuit · Jun 12, 2025

On count two, evidence concealment in violation of due process, the court granted qualified immunity because it was an “entirely novel claim” that was not clearly established. … Carter’s argument does not survive the clearly established prong of the qualified immunity analysis.

Garmon v. Lumpkin County

878 F.2d 1406 · Court of Appeals for the Eleventh Circuit · Aug 4, 1989

The district court granted defendants' motion for directed verdict based upon the doctrine of qualified immunity. For the reasons stated below, we reverse. 2 On January 22, 1986, Mrs. … Garmon's warrant was issued without probable cause he nevertheless is shielded from liability for damages under the rule of qualified immunity.

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

Wendy Pauluk v. Glenn Savage

836 F.3d 1117 · Court of Appeals for the Ninth Circuit · Sep 8, 2016

Qualified Immunity We apply a two-part analysis in qualified immunity cases. Kennedy, 439 F.3d at 1060 . … We conclude that the right was not clearly' established, and that Wojcik and Savage are therefore entitled to qualified immunity.

Kane v. Williamstown Township

301 Mich. App. 582 · Michigan Court of Appeals · Jul 11, 2013

While this is a well-established principle, it is not absolute. In certain instances, Michigan criminal law clearly places the fact-finding function with the trial court judge. … To qualify for § 4 immunity, one must prove that he or she “(1) is a qualifying patient, (2) who has been issued and possesses a registry identification card, and (3) possesses less than 2.5 ounces of usable marijuana,” and

Krainski v. Nevada Ex Rel. Board of Regents

616 F.3d 963 · Court of Appeals for the Ninth Circuit · Aug 2, 2010

State officials are entitled to qualified immunity from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … As we have previously noted, the doctrine of qualified immunity protects state actors when the constitutional right at issue was not “clearly established” at the time of the actions at issue.

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.”

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

Jones v. Buckner

963 F. Supp. 2d 1267 · District Court, N.D. Alabama · Aug 9, 2013

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. … However, the Eleventh Circuit has “held time and again that clearly established general principles of law will seldom if ever suffice to strip a defendant of qualified immunity.” Harbert Intern., Inc. v.

Claudio v. United States

836 F. Supp. 1219 · District Court, E.D. North Carolina · Feb 2, 1993

Moreover, even if the asserted right is “clearly established,” the qualified immunity defense still protects the official if “he neither knew nor should have known of the relevant legal standard.” … Rights Clearly Established The First and Fifth Amendment rights to free speech, due process and equal protection certainly are clearly established.

Lareños En Defensa Del Patrimonio Historico, Inc. v. Municipality of Lares

882 F. Supp. 2d 286 · District Court, D. Puerto Rico · Aug 6, 2012

immunity because a reasonable person in defendant’s position would have known that his actions violated clearly established law. … Whether the Plaintiffs’ Right was Clearly Established The second prong of the test for qualified immunity requires the Court to determine whether the plaintiffs’ First Amendment rights were clearly established at the time