Case law

Dennis Mize v. S. Tseng

703 F. App'x 547 · Court of Appeals for the Ninth Circuit · Nov 20, 2017

The district court properly dismissed Mize’s Eighth Amendment claim on the basis of qualified immunity because defendants’ conduct did not violate clearly established law. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right); Hope v.

Chinchello v. Fenton

805 F.2d 126 · Court of Appeals for the Third Circuit · Nov 14, 1986

We acknowledge that on these facts the distinction between an “I didn’t do it” defense and a qualified immunity defense based on the absence of a clearly established legal duty is not as clear cut as in most other contexts … Fitzgerald, 457 U.S. at 818, 102 S.Ct. at 2738, instructed that qualified immunity is unavailable if the defendant’s conduct violated “clearly established ... statutory rights” and, based on Davis v.

Howard v. City Of Houston

District Court, S.D. Texas · Apr 18, 2022

Wade, 776 F.3d 368, 388 (5th Cir. 2015) (“It is well established that ‘municipalities have no immunity from damages liability flowing from their constitutional violations.’” (quoting Owen v. … Serrano and Vieira overstate the scope of any potential qualified immunity. See Pelletier, 516 U.S. at 312. Serrano was denied qualified immunity for allegedly conducting an unreasonable strip search.

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.

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

Isaiah Taylor v. Justin Schwarzhuber

132 F.4th 480 · Court of Appeals for the Seventh Circuit · Mar 17, 2025

Qualified immunity shields federal and state officials from monetary liability unless the law they ostensibly violated was clearly established at the time of the alleged offense. … The court awarded qualified immunity to Schwarzhuber and Rydzewski on Taylor’s initial stop and frisk claims be- cause Taylor did not provide cases showing the officers’ ac- tions violated 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.

Johnson v. Anhorn

416 F. Supp. 2d 338 · District Court, E.D. Pennsylvania · Jan 31, 2006

The law became clearly established when the Third Circúit considered the issue of qualified immunity under similar circumstances in Rogers v. … Thus, because the right in question is clearly established, Anhorn must also be denied qualified immunity as to the final plaintiff, Johnson. d.

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

Felton v. Polles

315 F.3d 470 · Court of Appeals for the Fifth Circuit · Dec 17, 2002

qualified immunity, not the merits. … In any event, for qualified immunity purposes, the test is whether Carter has asserted deprivation of a statutory right under clearly established law.

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.

Doctor Awanna Leslie v. Hancock County Board of Education

720 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Jul 12, 2013

had was not clearly established. … “[T]o obtain qualified immunity, an official must first establish that he acted within his discretionary authority.”

Micah Jessop v. City of Fresno

918 F.3d 1031 · Court of Appeals for the Ninth Circuit · Mar 20, 2019

ANALYSIS “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 … Assuming that to be true, however, the City Officers are entitled to qualified immunity because that right was not clearly established.

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

MIMICS, Inc. v. Village of Angel Fire

394 F.3d 836 · Court of Appeals for the Tenth Circuit · Jan 3, 2005

Usually, if the law was clearly established at the time of the relevant events, the qualified immunity defense will fail. Harlow v. Fitzgerald, 457 U.S. 800, 818-19 (1982). … Id. at 934. 8 The purpose of requiring the law to be clearly established in qualified immunity determinations is so state officials have fair notice that their conduct is unconstitutional.

Charles Pierre v. Sandra Doorley City of Rochester

Court of Appeals for the Second Circuit · Nov 25, 2020

Pierre’s alleged constitutional right—timely access to post-conviction exculpatory evidence was and is not “clearly established.” Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (explaining that qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

In the Interest of M.K.R., Minor Child, K.R., Mother, B.Y., Father

Court of Appeals of Iowa · Jun 7, 2017

App. 1994) (“Clearly, actions speak louder than words. Intent can be shown through conduct.”). … II is clearly outweighed by the continuing risk of harm posed by F.H.’s unresolved substance abuse issues.”).

Borzilleri v. Mosby

189 F. Supp. 3d 551 · District Court, D. Maryland · May 31, 2016

Second, regarding the First Amendment claim, she argues that she is entitled to qualified immunity because she did not violate “clearly established law.” Pearson v. … Mosby argues first that Borzilleri fails to state a claim; and second, that-she is entitled to qualified immunity on her Frist Amendment claim because she did not violate “clearly established law.” a.

Bletz v. Gribble

641 F.3d 743 · Court of Appeals for the Sixth Circuit · May 27, 2011

Generally, summary judgment based on qualified immunity is proper if the officer was not on notice that his conduct was clearly unlawful. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir. 2002). … However, we reverse the district court’s decision denying Denny qualified immunity.

Maxey ex rel. Maxey v. Fulton

890 F.2d 279 · Court of Appeals for the Tenth Circuit · Nov 29, 1989

The Court reasoned that a denial of qualified immunity is conclusive because the court is deciding either that (1) the defendant violated clearly established law and is not entitled to immunity, or (2) that if the facts are … Mitchell itself recognizes that there will be times when discovery is proper: Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to