Case law

Amy Hughes v. Andrew Kisela

841 F.3d 1081 · Court of Appeals for the Ninth Circuit · Nov 28, 2016

The Supreme Court has explained that “[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer

White v. McKinley

519 F.3d 806 · Court of Appeals for the Eighth Circuit · Feb 26, 2008

Consequently, to be viable, White’s claim must allege bad faith to implicate a clearly established right under Brady. … Because Richard is asserting the qualified immunity defense, he has the burden to establish the relevant predicate facts for its application. He has not done so.

Intervarsity Christian Fellows v. University of Iowa

5 F.4th 855 · Court of Appeals for the Eighth Circuit · Jul 16, 2021

immunity because the law was not clearly established. … As for qualified immunity, the court denied the individual defendants qualified immunity on the free speech and association claims, finding that the law was clearly established that the University could not discriminate based

Dustin Burnikel v. Michael Fong

886 F.3d 706 · Court of Appeals for the Eighth Circuit · Apr 2, 2018

Qualified immunity shields government officials from liability in a § 1983 action unless their conduct violates a clearly established right of which a reasonable official would have known. Harlow v. … We affirm the district court’s denial of qualified immunity to Fong and Wessels.

Jones v. Buckner

963 F. Supp. 2d 1267 · District Court, N.D. Alabama · Aug 9, 2013

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. … However, the Eleventh Circuit has “held time and again that clearly established general principles of law will seldom if ever suffice to strip a defendant of qualified immunity.” Harbert Intern., Inc. v.

Darryl Pernell Butler v. Hope Davis

Court of Appeals for the Eleventh Circuit · Mar 21, 2019

immunity because Butler’s right was not clearly established. … See Glasscox, 903 F.3d at 1213 (explaining that, to defeat a defense of qualified immunity, a plaintiff must show that “(1) the defendant violated a constitutional right, and (2) this right was clearly established at the

Gary Mason v. Ricky Stallings, C.L. St. Clair, Jr., Charles Burkhalter, Harold Woodall, Phillip Jordan, All Individually

82 F.3d 1007 · Court of Appeals for the Eleventh Circuit · May 9, 1996

Judicially created qualified immunity enables a public official to avoid suit on an alleged constitutional or federal law violation where the law governing the claimed right was not clearly established at the time of the … The relevant question on a motion for summary judgment based on a defense of qualified immunity is whether a reasonable official could have believed his or her actions were lawful in light of clearly established law and the

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

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.

Cristo v. Evangelidis

90 Mass. App. Ct. 585 · Massachusetts Appeals Court · Oct 28, 2016

[Q]ualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate clearly established statutory authority or constitutional … the defendant's position would understand that his conduct violated those clearly established rights.

Wilson v. Strong

156 F.3d 1131 · Court of Appeals for the Eleventh Circuit · Sep 28, 1998

General Qualified Immunity Principles Qualified immunity shields a § 1983 defendant from liability for harms arising from her discretionary acts, so long as her acts do not violate any clearly established statutory … Second, "[i]n this circuit, the law can be "clearly established' for qualified immunity purposes only by decisions of the U.S.

Clark v. Coleman

335 F. Supp. 3d 818 · District Court, W.D. Virginia · Aug 14, 2018

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. … Dec. 20, 2006) (holding that calling a police officer an "asshole" and an "Opie-Taylor-looking motherfucker" was protected speech, but finding qualified immunity because the law was not clearly established in 2003).

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.

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.

(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[]”).

Hoffman v. Kelz

443 F. Supp. 2d 1007 · District Court, W.D. Wisconsin · Aug 3, 2006

Finally, defendant Kelz is not entitled to qualified immunity at this time because plaintiff has alleged facts suggesting that defendant Kelz’s conduct violated plaintiffs clearly established constitutional rights. … that would clearly establish his constitutional rights.

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.

Brad Livingston, Robert Treon, Martha Wear and Paul Morales v. Atiba Ramone Taylor, Tdcj 1082601

Texas Court of Appeals, 13th District · Aug 6, 2009

Qualified Immunity (5) Qualified immunity shields a government official "performing discretionary functions from liability for civil damages under section 1983, provided the official's conduct does not violate clearly established … When a government official pleads qualified immunity, the summary judgment burden shifts to the plaintiff to produce evidence which establishes that the official's conduct violated the clearly established law. Newman v.

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

Stutzman v. Krenik

350 F. Supp. 3d 366 · District Court, D. Maryland · Oct 10, 2018

Qualified Immunity Qualified immunity shields government officials performing discretionary functions "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Because Stutzman has alleged facts that state a claim of a violation of clearly established law, the Court will not dismiss the claim at this stage based on the defense of qualified immunity. B.