Case law

Wilson v. Montano

715 F.3d 847 · Court of Appeals for the Tenth Circuit · May 3, 2013

Appellants claim they are entitled to qualified immunity. … Appellants nonetheless argue they are entitled to qualified immunity because there is no clearly established law delineating which of them had the obligation to provide Wilson with a probable cause hearing.

Brocuglio v. Proulx

478 F. Supp. 2d 297 · District Court, D. Connecticut · Mar 23, 2007

Defendants also complain that I should not have granted summary judgment, because the law was not clearly established with respect to the curtilage issue, and thus the defendants were entitled to qualified immunity. … Qualified immunity involves a three-step analysis: (1) whether the officials violated the plaintiffs constitutional right; (2) whether the law was clearly established with respect to that right; and (3) whether reasonable

Griffin Industries, Inc. v. Irvin

496 F.3d 1189 · Court of Appeals for the Eleventh Circuit · Aug 21, 2007

If, however, the official violated the law but his conduct was not clearly established as unlawful, the court must grant him qualified immunity. McClish, 483 F.3d at 1249. … Only when the official violated the law and the illegality of his conduct was clearly established must the court deny him the protection of qualified immunity. See Vinyard v.

BOZEMAN EX REL. ESTATE OF HAGGARD v. Orum

302 F. Supp. 2d 1310 · District Court, M.D. Alabama · Feb 9, 2004

established law and, therefore, be entitled to qualified immunity. … immunity is clearly inappropriate.

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.”).

Hicks v. Feeney

596 F. Supp. 1504 · District Court, D. Delaware · Nov 8, 1984

This standard mandates that an official is protected by qualified immunity except when his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” 457 U.S. … In a recent decision, the Third Circuit defined “clearly established rights” for the purposes of qualified immunity.

Smith v. Reddy

882 F. Supp. 497 · District Court, D. Maryland · Apr 6, 1995

The doctrine of qualified immunity protects government officials from civil suits arising from their discretionary functions, when their action “does not violate clearly established statutory or constitutional rights of which … Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674, 2676-77 , 57 L.Ed.2d 667 (1978), established with respect to suppression hearings in criminal cases, also defines the scope of qualified immunity. See, e.g., Golino v.

Gruber v. Tennessee Tech Board of Trustees

District Court, M.D. Tennessee · Dec 1, 2022

Indeed, a number of circuits have found that constitutional rights requiring a particularized balancing test will rarely be “clearly established” for qualified immunity purposes. … Second, Plaintiffs argue: Defendant also cannot establish the second element of her qualified immunity defense, because Plaintiffs’ rights were clearly established at the

Silva v. Town of Springer

121 N.M. 428 · New Mexico Court of Appeals · Jan 29, 1996

Section 1983 because of Appellees’ defense of qualified immunity. 21. Public officials have qualified immunity from suit under 42 U.S.C. … his or her conduct was violating that clearly established right.

Wendy Pauluk v. Glenn Savage

836 F.3d 1117 · Court of Appeals for the Ninth Circuit · Sep 8, 2016

Qualified Immunity We apply a two-part analysis in qualified immunity cases. Kennedy, 439 F.3d at 1060 . … We conclude that the right was not clearly' established, and that Wojcik and Savage are therefore entitled to qualified immunity.

Christopher Cantu v. City of Dothan, Alabama

974 F.3d 1217 · Court of Appeals for the Eleventh Circuit · Sep 3, 2020

established, which entitled her to qualified immunity on the federal claim and state agent immunity on the state claim. … That means the same facts that establish an officer is not entitled to qualified immunity “also establish that [she] is not entitled to” state agent immunity. Hunter, 941 F.3d at 1284.

Garrett v. Stratman

254 F.3d 946 · Court of Appeals for the Tenth Circuit · Jun 20, 2001

of clearly established law.” … a violation of clearly established law.”

Deanna Copeland v. Lucas Wicks

468 S.W.3d 886 · Supreme Court of Missouri · Jul 21, 2015

Detective moved for summary judgment on the basis of qualified immunity. In sustaining the motion, the trial court found there was no dispute as to the material facts and Detective was entitled to qualified immunity. … Law enforcement officers are not entitled to qualified immunity, however, if their actions violate a clearly established law of which a reasonable person would have known at the time of the alleged violation.

Thomas v. Cannon

289 F. Supp. 3d 1182 · District Court, W.D. Washington · Jan 30, 2018

DEFENDANTS' MOTION FOR QUALIFIED IMMUNITY ...1213 A. Waiver...1213 1. Markert, Wiley, Cannon...1213 2. Zaro...1214 B. Constitutional Violation...1215 C. Clearly Established Law...1217 1. … The Court nonetheless affirmed qualified immunity for the officers because it recognized this rule was not clearly established in 1997 when the flash-bang was used. Id. at 784 .

Shawn Manning v. C.J. Ryan

13 F.4th 705 · Court of Appeals for the Eighth Circuit · Sep 20, 2021

Defendants moved for summary judgment claiming qualified immunity, arguing that Manning’s alleged right to see his children was not clearly established. … “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” Id.

Kevin O'ROuRke v. Smithsonian Institution Press and the Smithsonian Institution, Docket No. 04-0151-Cv

399 F.3d 113 · Court of Appeals for the Second Circuit · Feb 16, 2005

O’Rourke pointed out that the Smithsonian was created as an independent establishment of the United States, citing 20 U.S.C. *116 § 41, and that § 1498(b) does not mention establishments, or trust instrumentalities, of the … Prior to 1960, however, the United States had not waived its sovereign immunity from suits for copyright infringement, and the result was, “inequitabl[y],” that government employees — who could not claim sovereign immunity

Elmer Pace and Linda Pace v. City of Des Moines, Iowa, and Brian Danner

201 F.3d 1050 · Court of Appeals for the Eighth Circuit · Jan 13, 2000

of clearly established law.” … have violated plaintiffs clearly established right.”

Thomas v. Independence Township

463 F.3d 285 · Court of Appeals for the Third Circuit · Sep 14, 2006

plaintiff complains violated clearly established law." … Thus, "[u]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery."

Cuervo v. Sorenson

112 F.4th 1307 · Court of Appeals for the Tenth Circuit · Aug 30, 2024

On appeal, Plaintiff contends the district court erred in dismissing her FAC on qualified immunity grounds. Defendants ask us to affirm the grant of qualified immunity. … We now examine the second prong of the qualified immunity analysis. We conclude Defendants violated Plaintiff’s clearly established Fourth Amendment rights.

Collar v. Austin

86 F. Supp. 3d 1294 · District Court, S.D. Alabama · Feb 5, 2015

immunity, the Court is required, sua sponte, to determine whether the allegations of the complaint reflect the violation of a clearly established right. … circumstances as denials of qualified immunity.