Case law

Daniels Sharpsmart, Inc. v. Karen Smith

889 F.3d 608 · Court of Appeals for the Ninth Circuit · May 2, 2018

In determining whether qualified immunity applies, courts “must determine whether: (1) the facts adduced constitute the violation of a constitutional right; and (2) the constitutional right was clearly established at the … It is that rock upon which the district court’s qualified immunity decision founders. The district court was satisfied that, as it said, “[t]he extraterritorialty doctrine has been clearly established for decades.”

Student Services for Lesbians/Gays & Friends v. Texas Tech University

635 F. Supp. 776 · District Court, N.D. Texas · May 28, 1986

Qualified Immunity For Defendants Not Given Absolute Immunity First, this defense of qualified immunity is asserted principally on behalf of those defendants who were sued in an individual capacity. … The Law as to the Plaintiff Organization Was Clearly Established In Some Circuits The defense of qualified immunity is not an absolute bar to damages against persons who are sued also in their individual capacity.

James P. Crocker v. Deputy Sheriff Steven Eric Beatty

995 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Apr 20, 2021

The district court held that Beatty was entitled to qualified immunity because the law underlying Crocker’s First Amendment claim wasn’t clearly established. We agree. … In my view, Smith clearly establishes that Mr. Crocker had a right to photograph the accident scene and I would therefore reverse the grant of qualified immunity to Deputy Beatty on this claim.

Richard Manriquez v. Joel Ensley

46 F.4th 1124 · Court of Appeals for the Ninth Circuit · Aug 30, 2022

But there still might not be “clearly established” case law in our circuit to withstand qualified immunity. Cf. Jessop v. … The officers are entitled to qualified immunity because it was not clearly established then that the search violated the Fourth Amendment.

Williams v. Austen

District Court, N.D. California · Sep 16, 2021

Dkt. 20 at 13-15. 10 The defense of qualified immunity protects government officials “from liability for civil 11 damages insofar as their conduct does not violate clearly established statutory … Courts may consider these two questions in either order, and a favorable determination for 15 the defendant on either establishes qualified immunity.

City of Harlingen v. Vega

951 S.W.2d 25 · Texas Court of Appeals, 13th District · Jul 10, 1997

claims of qualified immunity in section 1983 cases.” … Flores and Manning focus their arguments on the objective reasonableness of their actions to establish their entitlement to qualified immunity.

Landstrom v. Illinois Department Of Children And Family Services

892 F.2d 670 · Court of Appeals for the Seventh Circuit · Jan 9, 1990

Id. at 908 . 26 Contrary to plaintiffs' contentions, Darryl H. does not supply the particularized, clearly established right required for individual defendants to lose their qualified immunity. … immunity because the conduct alleged does not violate any clearly established first amendment rights.

Barbara Hager v. Arkansas Dept. of Health

735 F.3d 1009 · Court of Appeals for the Eighth Circuit · Nov 14, 2013

Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his individual capacity that fails to state a claim for violation of “clearly established statutory or constitutional … See also Iqbal, 556 U.S. at 685; Mitchell, 472 U.S. at 526 (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before

Estate of Williams v. Indiana State Police Department

797 F.3d 468 · Court of Appeals for the Seventh Circuit · Aug 13, 2015

‘clearly established.’” … “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as a right to be free from unreasonable searches and seizures.” Id. at 1776.

Scallion v. Parish of Red River

251 F. App'x 853 · Court of Appeals for the Fifth Circuit · Aug 15, 2007

Scallion fails to identify a clearly-established constitutional right violated by Myers. See id. … (first step in qualified-immunity analysis is identifying a clearly-established constitutional right that has been violated); Malley v.

Whiting v. Kirk

768 F. Supp. 26 · District Court, D. Rhode Island · Jun 21, 1991

The prevailing standard for qualified immunity is that “[government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … The first step, then, in deciding the qualified immunity issue is to establish the right that was violated.

Norton v. Hall

834 A.2d 928 · Supreme Judicial Court of Maine · Sep 30, 2003

of qualified immunity. … Even if the Nortons had produced facts sufficient to support a constitutional claim, Hall would be entitled to qualified immunity because, given the information she possessed, her conduct “does not violate clearly established

Hereford v. Warren

536 F.3d 523 · Court of Appeals for the Sixth Circuit · Aug 7, 2008

The district court granted ha-beas relief after concluding that the state court’s holding represented an unreasonable application of clearly established federal law, as determined by the United States Supreme Court. 28 U.S.C … That conclusion, however, misapprehends controlling law for AEDPA purposes; the language found in Minsky is not a Supreme Court holding that reflects clearly established federal law.

Terry Cravener v. Mike Shuster

885 F.3d 1135 · Court of Appeals for the Eighth Circuit · Mar 27, 2018

Government officials, like the deputies here, are entitled to qualified immunity “unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable official would have known … Determining qualified immunity, this court considers a “two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established

Nelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson and Town of St. Johnsbury

198 Vt. 277 · Supreme Court of Vermont · Jan 16, 2015

The Town argues that its selectboard members are entitled to qualified immunity because they did not violate a clearly established right. … We therefore conclude that the law was not clearly established and the selectboard is entitled to qualified immunity. On this point, we ¿ffirm the trial court’s grant of summary judgment.

Jenkins v. University of Minnesota

838 F.3d 938 · Court of Appeals for the Eighth Circuit · Oct 3, 2016

Qualified Immunity “‘Qualified immunity protects government officials performing discretionary functions from liability for damages so long as ‘their conduct does not violate clearly established statutory or constitutional … Where, as here, a defendant fails to establish that he did not violate a right or that the right in question was not clearly established, then he is not entitled to qualified immunity, regardless of whether he acted under

Davis v. Clifford

825 F.3d 1131 · Court of Appeals for the Tenth Circuit · Jun 13, 2016

Qualified immunity “shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law.” Estate of Booker, 745 F.3d at 411 (quotation omitted). … Qualified immunity having been claimed, “the plaintiff carries a two-part burden to show: (1) that the defendant’s actions violated a federal constitutional or statutory right, and, if so, (2) that the right was clearly

Huber v. North Carolina State University

163 N.C. App. 638 · Court of Appeals of North Carolina · Apr 20, 2004

Under the doctrine of qualified immunity, “government officials per *645 forming discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … We must therefore determine whether Plaintiff’s right to privacy was clearly established at the time.

Davdrin Goffin v. Robbie Ashcraft

977 F.3d 687 · Court of Appeals for the Eighth Circuit · Oct 15, 2020

Officer Ashcraft is entitled to qualified immunity if her conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Police officers are not entitled to qualified immunity if “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

Chad J. Alvarado v. Jon E. Litscher, Secretary, Jane Gamble, B. McCreedy

267 F.3d 648 · Court of Appeals for the Seventh Circuit · Sep 28, 2001

Qualified immunity protects government officials from civil liability when performing discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To overcome a defense of qualified immunity, the plaintiff must first allege the deprivation of an actual constitutional right, and second, show that the right was clearly established at the time of the alleged violation.