Case law

Morse v. Cloutier

869 F.3d 16 · Court of Appeals for the First Circuit · Aug 25, 2017

Accordingly, we proceed to the next step of the qualified immunity paradigm and consider whether the applicable law was so clearly established that no reasonable officer would have entered the plaintiffs' home without … Payton and its progeny clarify a matter of Fourth Amendment law that Joyce, which relied on the "clearly established" prong of the qualified immunity paradigm, left

Steven Bangs v. Walter William Smith

84 F.4th 87 · Court of Appeals for the Second Circuit · Oct 12, 2023

Geraci, Judge) dismissing his complaint on the grounds that Defendants were entitled to qualified immunity because Bangs’s rights in this context were not clearly established. … For purposes of qualified immunity, “[w]hether the law was sufficiently clearly established is . . . an issue of law that we consider de novo.” Outlaw v. City of Hartford, 884 F.3d 351, 366 (2d Cir. 2018).

Barham, Jeffrey v. Ramsey, Charles H.

434 F.3d 565 · Court of Appeals for the D.C. Circuit · Jan 13, 2006

established constitutional rights, thus stripping appellants of any qualified immunity. … Assistant Chief Newsham’s Claim to Qualified Immunity “Qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Tortes v. King County

119 Wash. App. 1 · Court of Appeals of Washington · Jun 2, 2003

These individual public officials are immune from personal liability under the doctrine of qualified immunity. … It is preferred that a defendant’s entitlement to qualified immunity be decided as a matter of law on summary judgment. 19 The central purpose of qualified immunity is to protect public officials from interference with their

Central Specialties, Inc. v. Jonathan Large

18 F.4th 989 · Court of Appeals for the Eighth Circuit · Nov 24, 2021

We thus find that there was no clearly established right, and we therefore conclude that the district court properly granted summary judgment to Large on the basis of qualified immunity. … We have “held that an official acting outside the clearly established ‘scope of his discretionary authority is not entitled to claim qualified immunity under § 1983.’” Johnson v.

Stephen L. Bartlett v. Colonel C.E. Fisher Captain S.T. Davis

972 F.2d 911 · Court of Appeals for the Eighth Circuit · Aug 13, 1992

Under this objective standard, public officials are entitled to qualified immunity when their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … The district court denied their qualified immunity motion because defendants’ motive in disciplining Bartlett is a disputed issue of fact and the law is “clearly established” that a public employee may not be disciplined

Richardson v. Chevrefils

131 N.H. 227 · Supreme Court of New Hampshire · Dec 12, 1988

Fitzgerald, supra at 818 , a defendant is entitled to immunity unless his actions violated “legal norms . . . clearly established at the time of the challenged actions,” Mitchell v. … Nonetheless, inquiries into immunity and into the sufficiency of a complaint obviously overlap considerably, and a complaint that clearly fails to state a claim need hardly be the subject of a subtle enquiry into qualified

Sinn v. Lemmon

911 F.3d 412 · Court of Appeals for the Seventh Circuit · Dec 14, 2018

Qualified immunity is an affirmative defense, and once raised, the plaintiff bears the burden of defeating it by showing: (1) the defendant violated a constitutional right, and (2) that right was clearly established at the … It is well-settled, clearly established law that such a failure constitutes deliberate indifference. See id. at 484-85 (rejecting a qualified immunity defense).

Saleem v. Snow

217 Ga. App. 883 · Court of Appeals of Georgia · Jul 14, 1995

Qualified immunity shields state officials from liability for civil damages insofar as their conduct does not violate *886 clearly established federal law of which a reasonable person would have known. Harlow v. … These include his claims that qualified immunity was improperly granted because it is clearly established that (1) he has a right to be fairly considered for parole; (2) rules prohibiting actions must provide adequate notice

Amato v. City of Richmond

875 F. Supp. 1124 · District Court, E.D. Virginia · Dec 15, 1994

Qualified immunity is also appropriate because it is not clearly established how the law would apply to Hosiek’s conduct. He spoke with the Chief Magistrate after another magistrate had denied Acola a warrant. … Hosick’s decisions in this grey area are protected by the qualified immunity doctrine. Amato has cited no authority explaining what clearly established law this conduct violated.

Penilla v. City of Huntington Park

115 F.3d 707 · Court of Appeals for the Ninth Circuit · Jun 6, 1997

Because the officers have moved for qualified immunity on a motion to dismiss, we decide only whether defendants’ alleged conduct violated clearly established constitutional rights. Todd v. … The officers argue that they are entitled to qualified immunity because there is no clearly established constitutional right to emergency medical care for persons not in custody and because there is no clearly established

Montague v. Cooley

735 So. 2d 511 · District Court of Appeal of Florida · Apr 28, 1999

A determination of qualified immunity involves a two part analysis. See Vermette v. … Cooley’s clearly established rights, we reverse the trial court’s order denying Officer Montague’s motion for summary judgment based on qualified immunity. Reversed and remanded. FULMER, A.C.J., Concurs in result only.

Montoya v. Vigil

898 F.3d 1056 · Court of Appeals for the Tenth Circuit · Aug 7, 2018

in the proceedings against him, he only argues the statements’ use at trial violated his clearly established Fifth Amendment rights. … these issues, we find it unnecessary to address whether the Detectives’ interrogation tactics were actually coercive under clearly established law

Bacon v. Phelps

961 F.3d 533 · Court of Appeals for the Second Circuit · Jun 8, 2020

There are therefore two steps to the qualified immunity analysis: first, 15 whether the plaintiff established that his constitutional rights were violated, and 16 second, whether the right at issue was “clearly established … It did not. 6 The right therefore was not “clearly established” and the defendants hence are 7 entitled to qualified immunity. See Burns v.

Michael Rivera v. Kevin Monko

37 F.4th 909 · Court of Appeals for the Third Circuit · Jun 15, 2022

Instead, the court jumped straight to the “clearly established” prong of the qualified immunity analysis. … The Majority Opinion recognizes that such a right is not clearly established, and on that basis, it grants qualified immunity to two prison guards who were sued by an inmate for violating that right.

Millard L. Swenson v. Myrna Trickey Larry Trickey Captain Fred Arflack

995 F.2d 132 · Court of Appeals for the Eighth Circuit · Aug 17, 1993

A right is “clearly established” for qualified immunity purposes if [t]he contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right. … We conclude that defendants are entitled to qualified immunity because neither of these issues was clearly established in February 1986. A. Did Swenson Have a Liberty Interest?

Ewy v. Sturtevant

962 P.2d 991 · Colorado Court of Appeals · Jun 25, 1998

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In determining the applicability of qualified immunity, the court need not decide whether specific actions of the officials were unconstitutional, but merely whether the conduct was so clearly unconstitutional that any reasonable

Walsh v. Taylor

263 Mich. App. 618 · Michigan Court of Appeals · Nov 10, 2004

Taylor asserts that the undisputed facts establish his qualified immunity from plaintiffs allegations of unlawful arrest and supervisory liability. We again review de novo the circuit court’s summary disposition ruling. … In Saucier, the United States Supreme Court described as follows the standard for applying qualified immunity: A court required to rule upon the qualified immunity issue must consider, then, this threshold question: Taken

Wyo. Guardianship Corp. v. Wyo. State Hosp.

428 P.3d 424 · Wyoming Supreme Court · Oct 11, 2018

Mullenax is entitled to qualified immunity. … Mullenax in his individual capacity. [¶ 22] We first address the clearly established prong of the qualified immunity analysis.

Barna v. Board of School Directors of the Panther Valley School District

143 F. Supp. 3d 205 · District Court, M.D. Pennsylvania · Nov 6, 2015

The Defendants are Entitled to Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Qualified immunity attaches unless the official’s conduct violated such a clearly established right. Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987).