Case law

Hydrick v. McDaniel

500 F.3d 978 · Court of Appeals for the Ninth Circuit · Aug 30, 2007

Thus, there are two bodies of law from which we might draw “clearly established” law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context … b)(6) based on qualified immunity. 3.

Hudson v. Hall

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

violated clearly established law." … clearly established law.

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.

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.

David B. Klein v. Paul Long, Blackman Township Police Officer Phillip Rogers, Blackman Township Police Sergeant

275 F.3d 544 · Court of Appeals for the Sixth Circuit · Dec 21, 2001

Qualified Immunity In civil suits for money damages, government officials acting in their official capacity are entitled to qualified immunity for discretionary acts that do not violate clearly established statutory or constitutional … We need not reach, then, the second part of the qualified immunity analysis delineated in Saucier — whether the constitutional right violated was clearly established.

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

Williams v. Austen

District Court, N.D. California · Sep 16, 2021

Dkt. 20 at 13-15. 10 The defense of qualified immunity protects government officials “from liability for civil 11 damages insofar as their conduct does not violate clearly established statutory … Courts may consider these two questions in either order, and a favorable determination for 15 the defendant on either establishes qualified immunity.

Chana Wiley v. City of Columbus

36 F.4th 661 · Court of Appeals for the Sixth Circuit · Jun 2, 2022

The qualified immunity question turns on “(1) whether the officer violated the plaintiff’s constitutional rights under the Fourth Amendment; and (2) whether that constitutional right was clearly established at the time of … “When federal qualified immunity and Ohio state-law immunity under Ohio Rev.

Wilson v. Jean

145 F. Supp. 3d 434 · District Court, E.D. Pennsylvania · Oct 30, 2015

The Supreme Court teaches qualified immunity protects Defendant Officers from liability “when their conduct ‘does not violate clearly established ... constitutional rights’ a reasonable official, similarly situated, .would … on video and admitted by him is not clearly established.

Turpin v. Ray

319 F. Supp. 3d 191 · Court of Appeals for the D.C. Circuit · Jul 12, 2018

"clearly established" under the circumstances. … Callahan , Officers Rowley and Strange may still claim qualified immunity as long as the alleged violation was not clearly established at the time. Brown v. Fogle , 819 F.Supp.2d 23 , 28-29 (D.D.C. 2011).

Ingram v. Cooper

163 F. Supp. 3d 1133 · District Court, N.D. Oklahoma · Feb 18, 2016

and the law supporting plaintiffs claims was. not clearly established. … For the purpose of qualified immunity, it is clearly established that discrimination against a person because of his or her race would be a clearly established violation of the person’s constitutional *1140 rights.

Collins v. Ainsworth

382 F.3d 529 · Court of Appeals for the Fifth Circuit · Aug 20, 2004

Clearly established Fourth Amendment law. … Clearly established Fourteenth Amendment law.

Victor Smith v. City of Troy, Ohio

874 F.3d 938 · Court of Appeals for the Sixth Circuit · Nov 1, 2017

A public official is entitled to qualified immunity and, thus, is shielded from suit under § 1983 if his conduct does not violate a clearly established statutory or constitutional right of which a reasonable official would … Osting is not entitled to qualified immunity for this use of force.

Norvis Harmon v. Dallas County, Texas

927 F.3d 884 · Court of Appeals for the Fifth Circuit · Jun 21, 2019

Next, he argues the district court erred in granting Evans qualified immunity on his First Amendment retaliation claim because his right to engage in the speech at issue was clearly established at the time of his termination … After ordering supplemental briefing on this point, the district court held that the law regarding Harmon’s speech was not clearly established at the time of his termination and thus Evans was entitled to qualified immunity

Foreman v. PA BECKWITH

260 F. Supp. 2d 500 · District Court, D. Connecticut · Apr 10, 2003

For the defendants to avail themselves of the protection of qualified immunity, we must determine “if their actions were objectively reasonable, as evaluated in the context of the legal rules that were clearly established … We move now to the second inquiry of qualified immunity analysis to see if the right the defendants are alleged to have violated was clearly established. A.

SOL v. City of Miami

776 F. Supp. 2d 1375 · District Court, S.D. Florida · Apr 11, 2011

The City submits that the contribution claim against Estevez is barred by qualified immunity unless Fritzler can demonstrate Estevez violated a clearly-established constitutional or statutory right. … He claims he already pled everything necessary to overcome qualified immunity: i.e., that Estevez did, in fact, violate maritime navigation rules, and that those navigation rules were clearly established.

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.

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.

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).