Case law

Raymond Barton v. Sheldon Neeley

114 F.4th 581 · Court of Appeals for the Sixth Circuit · Aug 27, 2024

If the public-official defendant did not violate a constitutional right, or if he did but the right was not clearly established at the time of the violation, then the defendant is entitled to qualified immunity. … Therefore, the court denied qualified immunity because it was “clearly established that the First Amendment protect[s] a citizen’s decision both as to what to say and  No. 23-2089 Barton v.

Montez v. Romer

32 F. Supp. 2d 1235 · District Court, D. Colorado · Jan 21, 1999

Further, defendants contend that the individual defendants sued in their individual capacities are entitled to qualified immunity because it was not clearly established at the time of the challenged conduct that either the … Qualified Immunity The doctrine of qualified immunity shields government officials performing discretionary functions from individual liability under section 1983 where their actions do not violate clearly established statutory

Thrower v. Pennsylvania

873 F. Supp. 2d 651 · District Court, W.D. Pennsylvania · May 31, 2012

Plaintiff contends that qualified immunity does not apply because Decedent’s rights were clearly established at the time the Individual Defendants acted, even if it was uncertain at that time whether their actions would subject … Instantly, Defendants’ contention that it was not clearly established law that certain portions of the Medicaid Act create individually enforceable rights misses the qualified immunity mark.

Smith v. Lomax

45 F.3d 402 · Court of Appeals for the Eleventh Circuit · Feb 22, 1995

Then we ask, on the issue of qualified immunity, whether precedent clearly established that such conduct violated the Equal Protection Clause. … her of a clearly established property right.

Kipp v. Saetre

454 N.W.2d 639 · Court of Appeals of Minnesota · May 1, 1990

THE IMMUNITY OP APPELLANT COUNTY PROSECUTOR The absolute immunity of prosecutors was established by the United States Supreme Court in Imbler v. … of his qualified immunity.

United States Ex Rel. Vaughn v. United Biologics, L.L.C.

907 F.3d 187 · Court of Appeals for the Fifth Circuit · Oct 16, 2018

Univ., 171 F.3d 279, 290–94 (5th Cir. 1999) (holding that Eleventh Amendment immunity was not waived on this basis). … But this principle of interpretation, known as the “Series-Qualifier Canon,” applies only when context clearly establishes that it is intended. Reading Law at 147–51.

Smith v. Peyman

93 F. Supp. 3d 738 · District Court, E.D. Kentucky · Mar 18, 2015

clearly established constitutional law. … The second prong of the qualified-immunity analysis asks whether the right in question was “clearly established” at the time of the violation. Hope v. Pelzer, 536 U.S. 730, 739 , 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002).

Simpson v. Hines

730 F. Supp. 753 · District Court, E.D. Texas · Nov 8, 1989

If a reasonable police officer in the position of the defendant police officers would have known his or her use of force violated the clearly established law, it is objectively unreasonable. Graham v. … This court finds, taking the plaintiffs’ allegations as true, that a reasonable police officer in the position of the defendant police officers, would have known that the actions taken in the jail cell violated clearly established

Earles v. Perkins

788 N.E.2d 1260 · Indiana Court of Appeals · May 29, 2003

Qualified Immunity Government officials are shielded 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 … have believed the arrest to be lawful, in light of the clearly-established law and the information that the arresting officer possessed"). 9 The Appellants also assert that Earles and Jones are entitled to qualified immunity

Pinder v. Skero

375 F. Supp. 3d 725 · District Court, S.D. Texas · Mar 21, 2019

"The doctrine of 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 … The Fifth Circuit has explained the "clearly established" prong as follows: Qualified immunity should not be denied unless the law is clear in the more particularized sense that reasonable officials should be "on notice that

Gerald Johnson v. Mike Moody

903 F.3d 766 · Court of Appeals for the Eighth Circuit · Sep 10, 2018

To defeat a motion for summary judgment based on qualified immunity, the plaintiff must put forth facts showing that the officer’s conduct violated a constitutional right, and that the right was clearly established at the … Callahan expressly authorized, that Moody and Mathis were entitled to qualified immunity from the Count I claims, not simply because the law was not clearly established, but because their conduct in investigating did not

Altovese Williams v. City of Burlington, Iowa

27 F.4th 1346 · Court of Appeals for the Eighth Circuit · Mar 9, 2022

Chiprez appeals the denial of qualified immunity. This court affirms. … The doctrine of qualified immunity protects public officials from personal liability under 42 U.S.C. § 1983, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

DONALD M v. Matava

668 F. Supp. 703 · District Court, D. Massachusetts · Jan 30, 1987

QUALIFIED AND ABSOLUTE IMMUNITY 1. … to qualified immunity.

(PC) Anderson v. Becerra

District Court, E.D. California · Jan 17, 2020

Harris, 935 F.3d 670, 675-76 (9th Cir. 2019) (stating that dismissal on 25 immunity grounds may qualify as a strike for failure to state a claim where the immunity defense 26 is clear on the face of the complaint); Washington … the face of the complaint, and 3 the entirety of the complaint is dismissed for a qualifying reason under the PLRA[]”).

Don Karns v. Kathleen Shanahan

879 F.3d 504 · Court of Appeals for the Third Circuit · Jan 11, 2018

However, as in Fields itself, this right was not clearly established at the time of the challenged conduct. … Accordingly, although the right identified by Karns and Parker is now clearly established in this Circuit, our qualified immunity analysis in this case remains unchanged. See Brosseau v.

Shawn Manning v. C.J. Ryan

13 F.4th 705 · Court of Appeals for the Eighth Circuit · Sep 20, 2021

Defendants moved for summary judgment claiming qualified immunity, arguing that Manning’s alleged right to see his children was not clearly established. … “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” Id.

Montanez v. Celaya

49 F. Supp. 3d 1010 · District Court, M.D. Florida · Sep 8, 2014

Qualifíed Immunity “Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory … However, the Eleventh Circuit found that the police officer in question was entitled to qualified immunity because, at the time of McClish’s arrest, the law was not clearly established.

Root v. Loucks

District Court, S.D. New York · Aug 20, 2021

Supp. 3d 636, 664-65 (E.D.N.Y. 2017) (arresting officer not entitled to qualified immunity despite officer’s testimony he merely gave arrestee a “bear hug” in light of plaintiff’s testimony that he was placed in a chokehold … Ohio 2004) (stating that an officer who “flipped [plaintiff] to the ground and choked him two times, the second time while [plaintiff] was not resisting . . . violat[ed] . . . clearly established law”).

McGaughey v. City of Chicago

664 F. Supp. 1131 · District Court, N.D. Illinois · Mar 18, 1987

Furthermore, he contends that the individual defendants cannot avail themselves of the affirmative defense of qualified immunity because their conduct constituted a violation of clearly established constitutional rights. … They also contend that the law regarding arrests for disorderly conduct was not clearly established at the time they arrested McGaughey so they are entitled to qualified immunity under Harlow v.

Muhammad v. District of Columbia

881 F. Supp. 2d 115 · District Court, District of Columbia · Aug 8, 2012

Layne, 526 U.S. 603, 614 (1999) (holding that qualified immunity turns upon the “objective legal reasonableness of the officers' action, assessed in light of the legal rules that were clearly established … “[T]he protection of qualified immunity is available if ‘a reasonable officer could have believed that [his or her actions were] lawful, in light of clearly established law and the information the officers possessed.’ ”