Case law

Herrera v. City of Albuquerque

589 F.3d 1064 · Court of Appeals for the Tenth Circuit · Dec 14, 2009

O’Brien [wa]s entitled to qualified immunity and [thus was] immune from suit.” Id. at 120. … 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 or constitutional

Jones v. Han

993 F. Supp. 2d 57 · District Court, D. Massachusetts · Jan 28, 2014

The qualified-immunity analysis employs a two-part test: (1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right, and (2) whether the right at issue was clearly established at … “When a supervisor seeks qualified immunity in a § 1983 action, the ‘clearly established’ prong of the qualified immunity inquiry is satisfied when (1) the subordinate’s actions violated a clearly established constitutional

Sarita Merricks v. Jeffery Adkisson

785 F.3d 553 · Court of Appeals for the Eleventh Circuit · May 15, 2015

The Qualified Immunity Defense and the Clearly Established Requirement The qualified immunity defense “provides ample protection to all but the plainly incompetent or those who knowingly violate the law.” … established prong of the qualified immunity defense.

Robert Saterdalen v. James Spencer

725 F.3d 838 · Court of Appeals for the Eighth Circuit · Aug 5, 2013

Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 suit unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable … The question of qualified immunity thus “generally turns on the ‘objective legal reasonableness’ of the [official’s] action, assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

Jeffrey Forter v. Randy Greer

536 F. App'x 724 · Court of Appeals for the Ninth Circuit · Aug 2, 2013

Moreover, defendants were entitled to qualified immunity and, as to the materials he eventually received, any injunctive relief would be moot. See Pearson v. … Callahan, 555 U.S. 223, 243 (2009) (state officers entitled to qualified immunity if their actions did not violate clearly established law); Warsoldier, 418 at 997 n.7 (“There exists little Ninth Circuit authority construing

City of Palestine v. Ramirez

925 S.W.2d 250 · Texas Court of Appeals, 12th District (Tyler) · Jan 26, 1996

In her response to the motion for summary judgment Ramirez asserted, inter alia, that the summary judgment evidence was insufficient to establish all of the elements of qualified immunity as a matter of law. … Qualified immunity is an affirmative defense; the burden is on the defendant to establish each element of that defense. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994); Rhodes v.

Elder v. Holloway

975 F.2d 1388 · Court of Appeals for the Ninth Circuit · Dec 19, 1991

In opposition to the officers’ motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly established that a warrant was required to make a “constructive entry … On the issue of qualified immunity, Elder argued in the district court that the law was clearly established that an Idaho warrant was required to make a “constructive *1391 entry” over the threshold.

Phillips v. Roane County, Tenn.

534 F.3d 531 · Court of Appeals for the Sixth Circuit · Jul 25, 2008

Under the doctrine of 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 … Was the Law Clearly Established?

Kirk Wayne McBride, Sr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Texas Court of Appeals, 13th District · Aug 28, 2008

Government officials performing discretionary functions have qualified immunity from a suit for damages so long as the official’s conduct does not violate clearly established constitutional or statutory rights of which … Qualified immunity shields an officer if a reasonable officer could have believed the action to be lawful in light of clearly established law and the information the officer possessed. Hunter v.

DeWald v. Wyner

674 So. 2d 836 · District Court of Appeal of Florida · May 15, 1996

It is well settled that public officials are immune in their individual capacities from suits for damages "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In this case immunity turns on the second element, namely whether defendants' conduct violated clearly established constitutional law. If applicable law is unsettled, immunity necessarily results. Nicholson v.

Terry A. Veney v. Michael Hogan Carol Hernandez Frank D. Fleischer and Martha Knicely

70 F.3d 917 · Court of Appeals for the Sixth Circuit · Jan 24, 1996

For a law to be “clearly established” in the context of qualified immunity, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. … The trial court need not deny a defendant the right to qualified immunity simply because a complaint adequately alleges violation of clearly established law.

Grantham v. Trickey

21 F.3d 289 · Court of Appeals for the Eighth Circuit · Apr 12, 1994

balancing test, it can rarely be considered “clearly established” for purposes of the Harlow qualified immunity standard.... ... … We then addressed the city council members’ assertion of qualified immunity and concluded that qualified immunity was not appropriate because Casey’s right of free speech was clearly established. Id. at 804.

Corona v. City of Clovis

959 F.3d 1278 · Court of Appeals for the Tenth Circuit · May 27, 2020

5 clearly established at the relevant time. … Specifically, when a defendant raises the qualified- immunity defense at summary judgment, the plaintiff must establish (1) the defendant violated a statutory or constitutional right and (2) that right was clearly established

Halperin v. Kissinger

578 F. Supp. 231 · District Court, District of Columbia · Jan 13, 1984

The doctrine *234 of qualified immunity now focuses on whether a government official's conduct "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known." … judgment based on qualified immunity.

Mihos v. Swift

358 F.3d 91 · Court of Appeals for the First Circuit · Feb 13, 2004

For a plaintiff to overcome a qualified immunity defense, he must show that his allegations, if true, establish a constitutional violation; that the right was clearly established; and that a reasonable official would have … Under Wood, then, a plaintiff could usually avoid an adverse pre-trial qualified immunity ruling by merely alleging (1) a constitutional violation (2) of clearly established law (3) by a public official

Juide v. City of Ann Arbor

839 F. Supp. 497 · District Court, E.D. Michigan · Dec 15, 1993

They also assert the defense of qualified immunity, arguing that it was not clearly established law at the time of their alleged violation of Juide’s constitutional rights that (1) due process prohibited the issuance of a … In the absence of clearly established law which would preclude an in rem forfeiture proceeding if the privilege against self-incrimination is implicated to any degree, Markman and Best are entitled to .qualified immunity

Olson v. City of Hooper Bay

251 P.3d 1024 · Alaska Supreme Court · Apr 15, 2011

But another primary purpose-immunity from damages-remains attainable if the claim of qualified immunity is established at trial. 62 *1037 In Sheldon, we affirmed the superior court's decision to grant qualified immunity to … When qualified immunity cannot be established as a matter of law because genuine issues of material fact bar summary judgment, qualified immunity may still be established at trial to shield against damages.

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

Remus-Milán v. Irizarry-Pagán

81 F. Supp. 3d 174 · District Court, D. Puerto Rico · Jan 28, 2015

Qualified immunity Defendants argue they are shielded by the doctrine of qualified immunity. … 2) whether that right was clearly established at the time of the defendant’s violation.

Kirk Wayne McBride, Sr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Texas Court of Appeals, 13th District · Aug 28, 2008

Government officials performing discretionary functions have qualified immunity from a suit for damages so long as the official's conduct does not violate clearly established constitutional or statutory rights of which a … Qualified immunity shields an officer if a reasonable officer could have believed the action to be lawful in light of clearly established law and the information the officer possessed. Hunter v .