Case law

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.

Tan Lam v. City of Los Banos

976 F.3d 986 · Court of Appeals for the Ninth Circuit · Sep 25, 2020

In sum, the district court properly denied the Rule 50(b) motion on qualified immunity as to Lam’s Fourth Amendment claim. The law was clearly established at the 30 LAM V. … Officer Acosta is Entitled to Qualified Immunity An officer is entitled to qualified immunity if his conduct did not violate clearly established law. See Ashcroft v. al- Kidd, 563 U.S. 731, 735 (2011).

Weatherford v. State

203 Ariz. 313 · Court of Appeals of Arizona · Sep 10, 2002

secured by the Constitution and laws.... ” ¶ 23 To prevail on such claims, a plaintiff must overcome a qualified immunity defense by proving: (1) the defendants violated one of the plaintiffs clearly established rights; … Youngberg arguably reaches the constitutional right Weatherford asserts to be clearly established. ¶ 27 Moreover, Weatherford points out that decisions from eight federal courts support the assertion of a clearly established

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.

Dukore v. District of Columbia

970 F. Supp. 2d 23 · District Court, District of Columbia · Sep 19, 2013

“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 … Arresting the plaintiffs An officer making an arrest is entitled to qualified immunity where clearly established law does not show that the seizure violates the Fourth Amendment.

Wheeler v. City of Lansing

660 F.3d 931 · Court of Appeals for the Sixth Circuit · Nov 8, 2011

In order to determine whether an officer is entitled to qualified immunity, we must look at the objective reasonableness of the officer’s conduct in relation to clearly established law. Id. … to qualified immunity.

Crawford v. Geiger

996 F. Supp. 2d 603 · District Court, N.D. Ohio · Feb 10, 2014

/A 4 The Sixth Circuit has summarized the doctrine of qualified immunity and related principles: Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established … Even if there is such right, they argue, that right has yet to be clearly established, so the doctrine of qualified immunity entitles the on scene officers, even if they impaired any such right, to dismissal. i.

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)).

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

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.

CITADEL WELLWOOD URBAN RENEWAL LLC v. BOROUGH OF MERCHANTVILLE

District Court, D. New Jersey · Nov 27, 2023

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of … ‘clearly established’ at the time of the challenged conduct.”

Belinda Marie Fitzpatrick v. Kyle Hanney

138 F.4th 991 · Court of Appeals for the Sixth Circuit · May 30, 2025

Qualified immunity shields government officials from suit unless those officials (1) violated a constitutional right that (2) was clearly established when the conduct occurred. Bell v. … Because the undisputed facts do not show that Simon plausibly violated Fitzpatrick’s clearly established rights, Simon is entitled to qualified immunity on Fitzpatrick’s Fourth and Fourteenth Amendment claims.

Young v. City of Albuquerque

77 F. Supp. 3d 1154 · District Court, D. New Mexico · Dec 24, 2014

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.

Conner v. Heiman

672 F.3d 1126 · Court of Appeals for the Ninth Circuit · Mar 9, 2012

We further hold that Heiman and Neil did not violate clearly established rights by arresting Conner. … HEIMAN 2757 clearly established, the Supreme Court has specified that the application of that requirement must be clearly established in a particularized context. Saucier, 533 U.S. at 202.

Young v. District of Columbia

107 F. Supp. 3d 69 · District Court, District of Columbia · Jun 2, 2015

Cir. 2015) (“To defeat a defense of qualified immunity, a plaintiff must show not only that an official ‘violated a constitutional right’ but also that 'the right was clearly established' at the time of the violation.”) … 12 clearly established at the time,” Lash, 2015 U.S.

Golden v. Vickery

285 Ga. App. 216 · Court of Appeals of Georgia · May 2, 2007

The Goldens appeal the trial court’s award of summary judgment to Vickery on the ground of qualified immunity. We find no error and affirm. … The qualified immunity doctrine The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.

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

Jacob Clark v. Bernadette Stone

998 F.3d 287 · Court of Appeals for the Sixth Circuit · May 19, 2021

They also argue that they are entitled to qualified immunity on this issue because there is no clearly established right to use corporal punishment on children. … App’x 469, 481 (6th Cir. 2019) (“A single district court opinion is not enough to pronounce a right is clearly established for purposes of qualified immunity.”)

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”).

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.