Case law

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.

Pooler v. Hempstead Police Department

897 F. Supp. 2d 12 · District Court, E.D. New York · Sep 14, 2012

that preclude summary judgment on qualified immunity grounds. 1. … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them

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.

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.

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.

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.

Miller v. Gammie

335 F.3d 889 · Court of Appeals for the Ninth Circuit · Jul 9, 2003

a complaining witness in presenting a judge with a supporting affidavit to establish probable cause for an arrest. … We must now recognize that beyond those functions historically recognized as absolutely immune at common law, qualified and only qualified immunity exists.

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.

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.

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”).

Housley v. Holquist

879 F. Supp. 2d 472 · District Court, D. Maryland · Aug 30, 2011

The Housleys bear the burden of proving the violation of a constitutional right, but the Defendants are entitled to qualified immunity if they prove that the right was not clearly established. See Wilson v. … Finally, the Court will not revisit the qualified immunity issue at trial.

Derek Westwater v. Kevin Church

60 F.4th 1124 · Court of Appeals for the Eighth Circuit · Feb 23, 2023

Alternatively, the court ruled that Church was entitled to qualified immunity on the federal § 1983 claim because any constitutional violation was not clearly established. Westwater appeals. … In these circumstances, summary judgment should not be granted on either qualified immunity issue, whether the force used was reasonable and, if not, whether the violation was clearly established.

Estate of Escobedo v. Bender

600 F.3d 770 · Court of Appeals for the Seventh Circuit · Apr 5, 2010

Clearly Established The Defendants claim that they are entitled to qualified immunity because the law was not clearly established on July 19, 2005, to place them on notice that the use of tear gas and flash bang devices in … established right and therefore the Defendants are not protected by qualified immunity. 2.

Steven J. KELLEY, Plaintiff-Appellee, v. Robert G. BORG, Defendant-Appellant

60 F.3d 664 · Court of Appeals for the Ninth Circuit · Jul 28, 1995

Despite this erroneous statement in his order, however, the magistrate judge ultimately conducted the proper inquiry for a qualified immunity examination: He ruled that the right allegedly violated was clearly established … Appellants argue that they should have been granted qualified immunity because the second, “clearly established,” prong of the test has not been met.

Albright v. Rodriguez

51 F.3d 1531 · Court of Appeals for the Tenth Circuit · Apr 7, 1995

Defendant contends he was entitled to summary judgment based on qualified immunity because Plaintiff failed to show he violated clearly established law. … Further, a defendant is entitled to qualified immunity if the plaintiff fails to show that the law was clearly established. See, e.g., Pallottino v.

Van Lee Brewer v. Jason Simental

Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010

defendants and, therefore, the defendants were entitled to qualified immunity. … Those governmental officials are entitled to qualified immunity "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Id.

McMillian v. Johnson

88 F.3d 1554 · Court of Appeals for the Eleventh Circuit · Jul 9, 1996

The issue for qualified immunity purposes, however, is not whether the due process right not to be punished before conviction was clearly established. … Clearly Established Law Prohibited Police' Suppression of Exculpatory and Impeachment Evidence Tate, Ikner, and Benson are protected by qualified immunity unless their actions violated clearly established law.

Hartman v. Middleton

974 P.2d 1007 · Colorado Court of Appeals · Jul 30, 1998

to defeat the defense of qualified immunity. … Where qualified immunity is raised in a motion for summary judgment, the trial court must determine, based upon the allegations of the plaintiff, whether a clearly established constitutional right of which a reasonable official

Henderson v. Baird

29 F.3d 464 · Court of Appeals for the Eighth Circuit · Jul 14, 1994

They are entitled to qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The magistrate judge went on to deny qualified immunity on the substantive due process claim because the law was clearly established “that substantive due process required that at least some evidence was needed to support