Case law

Kemp v. Liebel

877 F.3d 346 · Court of Appeals for the Seventh Circuit · Dec 11, 2017

The Relevant “Clearly Established Law” Inquiry To defeat Liebel’s qualified immunity defense, the burden is on plaintiffs to demonstrate that the- alleged violation, of their Free Exercise Clause right was “clearly established … Liebel Did Not Violate Clearly Established Law Under this framework, it is clear that Liebel is protected by qualified immunity.

Ambus v. Utah State Board of Education

220 Utah Adv. Rep. 12 · Utah Supreme Court · Aug 24, 1993

were entitled to qualified immunity under § 1983. … Because it is an affirmative defense, the issue of qualified immunity arises after the plaintiff establishes a prima facie case under § 1983. Harlow v.

Katie Joseph v. John Doe

981 F.3d 319 · Court of Appeals for the Fifth Circuit · Nov 20, 2020

But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law. … I also agree with the majority that an absence of clearly established law entitles the “bystander officers” to qualified immunity.

TLC Development, Inc. v. Town of Branford

855 F. Supp. 555 · District Court, D. Connecticut · Mar 8, 1994

Town of Elsmere, 771 F.Supp. 646 (D.Del.1991). 3) Qualified Immunity A finding of arbitrariness not only establishes a due process violation but precludes a defense of qualified immunity. … An equal possibility might have been protection of the town’s established merchants 5 but that would not necessarily have also been reflective of a intent to hurt plaintiff in the process.

Burge v. Pearl River County, Mississippi

103 F. App'x 823 · Court of Appeals for the Fifth Circuit · Jul 15, 2004

Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no “clearly established statutory or constitutional rights of which … established” for qualified-immunity purposes.

Jerry Young A/K/A Ramadan v. Donald Selsky, P. Orengo, R. Althouse, R.J. Cunningham, D. Schaller, L. Jewett

41 F.3d 47 · Court of Appeals for the Second Circuit · Nov 21, 1994

A government official has qualified immunity from liability for damages based on his official acts as long as those acts violate no clearly established statutory or constitutional right. Weg v. … The defendant must establish that he had an objectively reasonable belief that his act violated no clearly established rights. Id. Since the district court did not consider this issue, we remand so that it may do so.

Francis v. Fiacco

942 F.3d 126 · Court of Appeals for the Second Circuit · Nov 12, 2019

But the court held that the Earley principle had become clearly established “[b]y 2009, and absolutely no later than 2010,” preventing the State Defendants from claiming qualified immunity “for their later conduct.” … Instead, the Court held that qualified immunity protected the State Defendants because the answer to that question had not been clearly established. Id. at 174–77.

Randall v. Fairmont City Police Department

186 W. Va. 336 · West Virginia Supreme Court · Dec 12, 1991

Guiding us in answering this question in the affirmative is the general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly provided for immunity … We believe that the legislature has not clearly provided for immunity regardless of the existence of a special relationship/special duty. Accordingly, this Court holds that W Va.

Sergeant Mary Haver and Deputy Constable Kevin Vailes, in Their Individually Capacities v. Barbara Coats

491 S.W.3d 877 · Court of Appeals of Texas · Apr 12, 2016

A no-evidence motion cannot be used to obtain summary judgment establishing the affirmative defense of qualified immunity. … raise the qualified immunity defense by doing nothing more than pleading in good faith that qualified immunity applies.

Santamorena v. Georgia Military College

147 F.3d 1337 · Court of Appeals for the Eleventh Circuit · Jul 31, 1998

But still Plaintiff argues that the preexisting law was somehow so clearly established that Defendants should not be protected by qualified immunity. … established for purposes of qualified immunity.

Jordan v. Doe

38 F.3d 1559 · Court of Appeals for the Eleventh Circuit · Dec 2, 1994

Fitzgerald and its Progeny The Supreme Court established the test for qualified immunity in Harlow v. … clearly established constitutional law”’ under Harlow.

Kelly v. Borough of Carlisle

622 F.3d 248 · Court of Appeals for the Third Circuit · Oct 4, 2010

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 ACLU takes issue with the District Court’s decision to skip the “violation prong” of the qualified immunity inquiry and proceed directly to the “clearly established” prong.

Rebecca Warner and Pamela Ann Laxton v. Grand County, Ron Richmond, James B. Nyland and Robin A. Parker

57 F.3d 962 · Court of Appeals for the Tenth Circuit · Jun 13, 1995

Officer Richmond Government officials performing discretionary functions enjoy qualified immunity from civil damage suits if their conduct did *964 not violate “clearly established statutory or constitutional rights of which … We have held that “in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law

Patricia Littrell, Appellant/cross-Appellee v. Daniel Jake Franklin, in His Official and Individual Capacities, Appellee/cross-Appellant

388 F.3d 578 · Court of Appeals for the Eighth Circuit · Nov 2, 2004

The second step of the qualified immunity analysis requires courts “to ask whether the right was clearly established.” *583 Id. … Specific findings on these questions of fact would have enabled the district court to address the legal issue of qualified immunity through reference to excessive force standards that are clearly established.

Foulks v. Cole County

991 F.2d 454 · Court of Appeals for the Eighth Circuit · Apr 14, 1993

immunity. … Thus, we review Foulks’ claim under the clearly established constitutional standard set forth in Estelle .

Cox v. Glanz

800 F.3d 1231 · Court of Appeals for the Tenth Circuit · Sep 8, 2015

Cox has failed to satisfy her burden on the clearly- established-law prong of the qualified-immunity standard. … Cox cannot satisfy the clearly-established-law component of the qualified-immunity standard. We must accordingly reverse the district court’s denial of qualified immunity to the Sheriff on Ms.

Russell Ex Rel. Jn v. Virg-In

258 P.3d 795 · Alaska Supreme Court · Jul 22, 2011

Qualified Immunity And Claims Of Excessive Force Qualified immunity shields public officials from civil liability "insofar as their conduct does not violate clearly established statutory or constitutional rights of which … immunity because she did not violate clearly established federal law does not protect the municipality from liability....

Brumfield v. Hollins

551 F.3d 322 · Court of Appeals for the Fifth Circuit · Dec 2, 2008

Analysis “Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … In the qualified immunity analysis, “[t]he subjective deliberate indifference standard serves only to demonstrate the clearly established law in effect at the time of the incident . . .

Brandon Backe v. Steven LeBlanc

691 F.3d 645 · Court of Appeals for the Fifth Circuit · Aug 16, 2012

A district court’s denial of qualified immunity to public officials is exactly such an order. … Consequently, this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain the availability of that defense.

Maria Salim, Administratrix of the Estate of Eric Reyes, I/o v. William Proulx

93 F.3d 86 · Court of Appeals for the Second Circuit · Aug 23, 1996

have violated was clearly established. … We need to determine only whether, on plaintiffs version, an immunity defense is established as a matter of law. C. Merits of Qualified Immunity Defense The right to be free of excessive force is clearly established.