Case law

Cassady v. Yellowstone County Montana Sheriff Department

333 Mont. 371 · Montana Supreme Court · Sep 6, 2006

We now turn to the issue of whether the Officers’ failure to knock and announce was reasonable for purposes of determining qualified immunity. ¶42 b) Was the knock and announce rule clearly established in the context of the … Instead, the Court remanded to consider whether the law was clearly established in a more ‘“particularized sense’” to answer the question of qualified immunity. Brosseau, 543 U.S. at 199 , 125 S.Ct. at 599 .

P.F. v. Mendres

21 F. Supp. 2d 476 · District Court, D. New Jersey · Sep 29, 1998

Generally speaking, “[ujnless plaintiffs allegations state a claim of a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … established right occurred; Judge Greenberg would have ended qualified immunity analysis at that stage of the inquiry).

Crooks v. Maynard

718 F. Supp. 1460 · District Court, D. Idaho · Aug 4, 1989

This court has found no published decision which clearly defines the scope of qualified judicial immunity. This circuit has defined qualified immunity for jury commissioners and directors of jury services. … Under this qualified immunity, they were immune so long as their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable *1465 person would have known.” Id.

Hollingsworth v. Hackler

303 S.W.3d 884 · Court of Appeals of Texas · Jan 21, 2010

immunity shields an official performing discretionary functions from individual liability for civil damages under § 1983 if the official’s “conduct does not violate clearly established statutory or constitutional rights … violated a clearly established statutory or constitutional right. 18 A right is “clearly established” when its contours are “sufficiently clear that a reasonable official would understand that what he is doing violates that

Swope v. Krischer

783 So. 2d 1164 · District Court of Appeal of Florida · Apr 18, 2001

In discussing the requirement that the law be clearly established, the court stated: For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such … The complaint does not show a violation of a clearly established right by these defendants. Therefore, qualified immunity protects appellees.

Brown v. Truelove

District Court, N.D. Indiana · Aug 26, 2020

“Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … In determining whether an official is entitled to qualified immunity, courts examine (1) whether “the official violated a statutory or constitutional right,” and (2) whether “the right was ‘clearly established’ at the

Ahmad v. Furlong

435 F.3d 1196 · Court of Appeals for the Tenth Circuit · Jan 18, 2006

If the plaintiff establishes a violation of a constitutional or statutory right, he must then demonstrate that the right at issue was clearly established at the time of the defendant’s unlawful conduct.” Id. … To be sure, Appellants’ motion did not clearly raise qualified immunity with respect to the RLUIPA claim.

Vakilian v. Shaw

335 F.3d 509 · Court of Appeals for the Sixth Circuit · Jul 2, 2003

Qualified immunity shields government officials acting within the scope of their official duties from civil liability insofar as their conduct does not violate clearly established rights of which a reasonable person would … now ask whether the right was clearly established at the time of Shaw’s action.

John Benavidez v. County of San Diego

993 F.3d 1134 · Court of Appeals for the Ninth Circuit · Apr 12, 2021

“Qualified immunity shields government actors from civil liability under 42 U.S.C. § 1983 if ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … For a court to determine that a state actor is not entitled to qualified immunity under section 1983, there must be a constitutional violation on the facts alleged, and the constitutional right violated must be “clearly established

Jeffers v. Gomez

267 F.3d 895 · Court of Appeals for the Ninth Circuit · Oct 3, 2001

The availability of qualified immunity in such a case naturally turns on whether it was "clearly established law" that Motive Y was impermissible. … Determining whether a public official is entitled to qualified immunity "requires a two-part inquiry: (1) Was the law governing the state official's conduct clearly established?

Booker v. Graham

974 F.3d 101 · Court of Appeals for the Second Circuit · Aug 31, 2020

While qualified immunity “does not require 14 a case directly on point for a right to be clearly established, existing precedent must 15 have placed the statutory or constitutional question beyond debate.” … of qualified immunity.

Sueiro Vázquez v. Torregrosa De La Rosa

414 F. Supp. 2d 124 · District Court, D. Puerto Rico · Feb 10, 2006

established requirement of the qualified immunity defense.” … Moreover, the Court has also established that qualified immunity is immaterial to injunctive relief. Hegarty v. Somerset County, 25 F.3d 17 n. 2 (1st Cir.1994).

Pyle v. Woods

874 F.3d 1257 · Court of Appeals for the Tenth Circuit · Nov 1, 2017

Database was not clearly established. … As in the Pyle matter, the district court concluded Detective Woods and Mayor Cullimore were entitled to qualified immunity because the constitutional right at issue was not clearly established.

Whitten v. City of Omaha

199 F. Supp. 3d 1224 · District Court, D. Nebraska · Aug 9, 2016

were clearly established at the time it was taken. … But even assuming that Whitten has alleged a violation of his constitutional right, the contours of that right were not clearly established. *1233 The Court evaluates the defense of qualified immunity from the perspective

Miller v. Wenerowicz

135 F. Supp. 3d 306 · District Court, E.D. Pennsylvania · Sep 22, 2015

Once a defendant properly raises the defense of qualified- immunity, the plaintiff bears the initial burden of overcoming that defense by showing that the defendant violated the plaintiffs clearly established right. … But, as indicated above, in order to overcome the defense of qualified immunity, Plaintiffs must cite to cases or other law that recognize a clearly established right of a prisoner to have his marriage request promptly approved

Alhadji Bayon v. Marshall Berkebile

29 F.4th 850 · Court of Appeals for the Seventh Circuit · Mar 28, 2022

The officers moved for summary judgment, asserting that their use of force was justified and that, in any event, they were entitled to qualified immunity because their conduct did not violate clearly established law. … The officers assert they are entitled to qualified immunity because “no clearly established law put them on notice that their con- 16 duct would violate Bayon’s rights.”

Cavanaugh v. Woods Cross City

718 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jun 12, 2013

immunity, which involves both whether there was a constitutional violation and whether the violation was clearly established. … the clearly established law found by the jury.”

Cavanaugh v. Woods Cross City

625 F.3d 661 · Court of Appeals for the Tenth Circuit · Nov 3, 2010

Officer Davis moved for summary judgment on qualified immunity grounds, claiming that his actions did not violate the constitution and, if they did, that the law was not clearly established at the time. See Aplts. … Clearly Established Denial of qualified immunity is appropriate if the officer violated law that was “clearly established” at the time of his or her conduct. See, e.g., Perez v.

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.

Eves v. LePage

927 F.3d 575 · Court of Appeals for the First Circuit · Jun 19, 2019

Qualified Immunity Analysis We move directly to the second step of the qualified immunity analysis and ask whether Governor LePage's alleged conduct violated "clearly established" federal … Convinced the defendants' actions, if proven, would violate clearly-established law, the district judge denied them qualified immunity at the motion-to-dismiss stage. Id.