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 .

Michtavi v. Scism

808 F.3d 203 · Court of Appeals for the Third Circuit · Oct 19, 2015

She also concluded that the Defendants were not entitled to qualified immunity because Eighth Amendment jurisprudence clearly establishes that prison officials may not be indifferent to a serious medical need. … “clearly established” prong of qualified immunity.

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).

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

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.

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?

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.

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.

Brad Rush v. City of Philadelphia

78 F.4th 610 · Court of Appeals for the Third Circuit · Aug 30, 2023

Dennis and denied Officer Nicoletti qualified immunity. … However, qualified immunity exonerates even unreasonable officer conduct unless (1) the officer violated a constitutional right, and (2) the right was clearly established, “such that ‘it would [have been] clear to a reasonable

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

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.”

Folks v. Sainato

District Court, E.D. Louisiana · Jul 11, 2025

Aug. 29, 2024) (per curiam) (applying the any-crime rule post-Chiaverini to evaluate an officer’s pre-Chiaverini actions “[b]ecause the qualified immunity analysis focuses on whether the law was clearly established at … 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.” Mullenix v.

GRIFFIN v. THE CITY OF NEWARK

District Court, D. New Jersey · Dec 20, 2021

determining entitlement to qualified immunity” and teaches officials how to govern their conduct in the future. … Dep’t of Corr., 642 F.3d 163, 176 (3d Cir. 2011) (burden of establishing qualified immunity falls to official claiming it as defense (citing Harlow v. Fitzgerald, 457 U.S. 800, 819 (1982)).

Dunn v. Castro

621 F.3d 1196 · Court of Appeals for the Ninth Circuit · Sep 14, 2010

On review of a denial of a motion to dismiss based on qualified immunity, we review de novo whether governing law was clearly established at the time of the alleged violation. See Mabe v. … [3] A court, when deciding whether there has been a viola- tion of a “clearly established right” for qualified immunity, must strike the proper balance in defining that right. In Ander- son v.