Case law

Wilkins v. Palomino

District Court, D. Colorado · Dec 21, 2021

district court to rebut qualified immunity.”); Rojas v. … Absent this clearly established law, Defendant is entitled to qualified immunity. C.

Coates v. Powell

639 F.3d 471 · Court of Appeals for the Eighth Circuit · Apr 8, 2011

Nevertheless, the court granted Glandon qualified immunity, finding that the law did not clearly establish “at the time of this incident that an officer was required to leave a private home in the middle of a child neglect … “[Qualified immunity protects government officials 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

Morgan v. Bubar

115 Conn. App. 603 · Connecticut Appellate Court · Jul 14, 2009

The defendants argue that Carini and Castronova are entitled to qualified immunity because they did not violate a clearly established constitutional right. … “When [a motion for summary judgment] is based on assertion of qualified immunity, the first issue is whether a clearly established right is at stake. ...

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.

Raub v. Campbell

3 F. Supp. 3d 526 · District Court, E.D. Virginia · Feb 28, 2014

Goo-den filed suit under 42 U.S.C. § 1983 and officers invoked qualified immunity. The district court initially denied qualified immunity as did a divided panel of the Fourth Circuit. Id. … a claim of violation of clearly established law.”

Emerson v. City of New York

740 F. Supp. 2d 385 · District Court, S.D. New York · Jul 19, 2010

Government officials are entitled to qualified immunity “when they perform discretionary functions if either (1) their conduct did not violate clearly-established rights of which a reasonable person would have known, or ( … If the right is not clearly established at the time of the alleged violation, then government officials performing discretionary functions are entitled to qualified immunity. See Safford Unified School District v.

Ralph Harrison Benning v. Commissioner, Georgia Department of Corrections

71 F.4th 1324 · Court of Appeals for the Eleventh Circuit · Jun 23, 2023

The Supreme Court re- cently summarized this aspect of the qualified immunity inquiry: Qualified immunity attaches when an official’s con- duct does not violate clearly established statutory … Thus, because the law was not clearly established, we affirm the district court’s ruling that Ms. Edgar and Ms. Patterson are en- titled to qualified immunity on Mr.

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

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.

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.

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

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.

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.

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.

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).

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.

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

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.