Case law

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  • Washington v. Starke

    626 F. Supp. 1149 · District Court, W.D. Michigan · Jan 24, 1986

    The real question in this case, as in all cases involving the claim of wralified immunity, is whether the conduct of the individual defendants violated a clearly established constitutional or statutory right, and if so, whether … For these reasons, I conclude that there was no clearly established constitutional or statutory law restricting the individual defendants’ discretionary conduct and, hence, the individual defendants are entitled to qualified

    Cited 5 timesPublished
  • Moore v. Miami-Dade County

    502 F. Supp. 2d 1224 · District Court, S.D. Florida · Jul 18, 2007

    in a constitutional violation of a clearly established right. … clearly established by case law or otherwise.

    Cited 13 timesPublished
  • 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.

    Cited 131 timesPublished
  • 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.

    Cited 1 timesPublished
  • Spann v. Indiana State of

    District Court, N.D. Indiana · Sep 20, 2022

    Defendants argue that they are entitled to qualified immunity “because they did not violate any right that was clearly established in July of 2020.” (ECF 83 at 1.) … “Whether an official is entitled to qualified immunity on a motion for summary judgment turns on whether the plaintiff has both (1) alleged that the official committed acts violating a clearly established right and (2)

    Cited 0 timesUnknown
  • Patrick A. Dadd v. Anoka County

    827 F.3d 749 · Court of Appeals for the Eighth Circuit · Jun 30, 2016

    Anoka also rests its claim for qualified immunity on the argument that Dadd’s right to treatment in this particular situation was not clearly established, the second prong of the qualified immunity analysis. … Even if a complaint fairly alleges a violation of a constitutional right, an official is nevertheless entitled to qualified immunity if that right was not clearly established at the time of the violation.

    Cited 104 timesPublished
  • 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).

    Cited 3 timesPublished
  • 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 .

    Cited 6 timesPublished
  • 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.

    Cited 4 timesPublished
  • 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.

    Cited 1 timesPublished
  • 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

    Cited 2 timesPublished
  • 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.

    Cited 100 timesPublished
  • 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?

    Cited 241 timesPublished
  • 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.

    Cited 103 timesPublished
  • 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

    Cited 582 timesPublished
  • 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.

    Cited 45 timesPublished
  • 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

    Cited 0 timesUnknown
  • 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).

    Cited 1 timesPublished
  • 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.

    Cited 60 timesPublished
  • Robert Andrews v. Hickman County, Tennessee

    700 F.3d 845 · Court of Appeals for the Sixth Circuit · Dec 3, 2012

    Thus, qualified immunity applies “unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232 , 129 S.Ct. 808 (citing Anderson v. … The next step in the qualified immunity analysis requires us to ask whether the right was clearly established at the time of the officer’s conduct.

    Cited 94 timesPublished

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