Case law

Cooper v. Brown

156 F. Supp. 3d 818 · District Court, N.D. Mississippi · Jan 12, 2016

prong” of the qualified immunity standard. … At any rate, Hope constitutes an established part of the U.S. Supreme Court’s qualified immunity jurisprudence, upon which this court is entitled to rely.

Wright v. Watson

209 F. Supp. 3d 1344 · District Court, M.D. Georgia · Aug 25, 2016

In the Eleventh Circuit, “the law can be clearly established for qualified immunity purposes only by decisions of the U.S. … “A right may be clearly established for qualified immunity purposes in one of three ways: ‘(1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within

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.

Sanchez v. Swyden

139 F.3d 464 · Court of Appeals for the Fifth Circuit · Apr 16, 1998

Under the test for qualified immunity, Sanchez has failed to prove that he was deprived of a clearly established constitutional right. … The Doctrine of Qualified Immunity The well-established test for qualified immunity requires us to engage in a two-step inquiry.

Fletcher Small v. Officer Brock

963 F.3d 539 · Court of Appeals for the Sixth Circuit · Jun 26, 2020

Of course, our holding does not mean that Small’s right was clearly established for the purpose of qualified immunity. But we need not resolve the issue of qualified immunity in this appeal. … But even if you doubted this precedent, there’s little doubt that the alleged constitutional violation here wasn’t clearly established and thus that the defendant is entitled to qualified immunity.

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

Czechorowski v. State

178 Vt. 524 · Supreme Court of Vermont · Mar 22, 2005

Supp. 2d 241, 249 (N.D.N.Y. 2001) (caseworker who relied on autistic child’s allegations of sexual abuse through FC did not violate dearly established standard and therefore was entitled to qualified immunity). … See Cook, 167 Vt. at 509 , 712 A.2d at 384 (analyzing official’s conduct in relation to clearly established law). ¶ 27.

Rosado v. Zayas

629 F. Supp. 911 · District Court, D. Puerto Rico · Jan 31, 1986

Defendant’s request for summary judgment on the grounds of qualified immunity is likewise DENIED. … A Section 1983 defendant claiming qualified or good faith immunity has the burden to prove that the law was not clearly established at the time of plaintiff’s alleged injuries, or that there exist extraordinary circumstances

Kimberly Burns-Fisher v. Anna Romero-Lehrer

57 F.4th 421 · Court of Appeals for the Fourth Circuit · Jan 13, 2023

Pendleton, 249 F.3d 279, 285 (4th Cir. 2001) (“A district court’s denial of qualified immunity is immediately appealable under the collateral order doctrine, because qualified immunity confers immunity … Because it was not clearly established at the time of the incident that a defendant’s failure to act gives rise to a state-created danger claim, we conclude that Appellant is entitled to qualified immunity

Benton School District Lori Bacon, in Her Individual and Official Capacity And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer

677 S.W.3d 799 · Supreme Court of Arkansas · Nov 9, 2023

Section 1983 establishes a federal cause of action that can be filed in either state or federal court. Newton v. Etoch, 332 Ark. 325, 334, 965 S.W.2d 96, 100 (1998). … Smith, 366 Ark. 473, 480, 237 S.W.3d 1, 6 (2006) (finding no qualified immunity under section 301 because the official violated clearly established law); Smith v.

Corey Airport Services, Inc. v. DeCosta

587 F.3d 1280 · Court of Appeals for the Eleventh Circuit · Nov 16, 2009

We conclude that these Defendants did not violate a clearly established constitutional right and are therefore entitled to qualified immunity. I. … Because this is not such a case, the Defendants did not violate a clearly established constitutional right and are therefore entitled to qualified immunity.

Panagoulakos v. Yazzie

741 F.3d 1126 · Court of Appeals for the Tenth Circuit · Dec 20, 2013

“When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … In short, Officer Yazzie is entitled to qualified immunity because no clearly established law imposed on her a duty to release Panagoulakos following his lawful arrest after the traffic stop. REVERSED. .

Lachance v. Town of Charlton, Corp.

368 F. Supp. 3d 231 · District Court, District of Columbia · Mar 21, 2019

Defendants argue that they are entitled to qualified immunity. The First Circuit has adopted a two-part test to assess qualified immunity. … Thus, because Defendants do not argue they are entitled to qualified immunity for the common law claims, this Court need not address the existence of state qualified immunity.

Kahle v. Leonard

477 F.3d 544 · Court of Appeals for the Eighth Circuit · Feb 12, 2007

If the right was not clearly established, then the officer is protected by qualified immunity. 1. … Qualified Immunity 37 The second question in the qualified-immunity analysis requires us to consider whether the right that Malone allegedly violated was clearly established at the time of the violation.

David Sims v. City of Madisonville

894 F.3d 632 · Court of Appeals for the Fifth Circuit · Jun 28, 2018

That is because of the second part of the qualified immunity inquiry, which requires a plaintiff to show that any violation of rights was clearly established at the time the conduct occurred. 4 When Sims was terminated in … established when Sims was fired in 2012, and Covington was entitled to qualified immunity.

Edwards v. Williams

170 F. Supp. 2d 727 · District Court, E.D. Kentucky · Oct 31, 2001

The defendants also argue that they are entitled to qualified immunity, as the complaint does not plead any alleged conduct that violated clearly and particularly established federal statutory or constitutional rights of … Because the plaintiff has failed to plead facts sufficient to establish a constitutional violation, the defendants are entitled to qualified immunity. 2. Was the Right Clearly Established?

Tyrone Hadley v. Keith Mihail Billiris and Montgomery County, Texas

Texas Court of Appeals, 9th District (Beaumont) · Jul 14, 2022

Billiris argued that he was entitled to qualified immunity because Hadley failed to cite any evidence showing that he intentionally struck Hadley, point to any clearly established law prohibiting an officer from chasing … To rebut the defense of qualified immunity, the plaintiff must establish “that the official’s allegedly wrongful conduct violated clearly established law and that genuine issues of material fact exist regarding the reasonableness

Brown v. Flowers

974 F.3d 1178 · Court of Appeals for the Tenth Circuit · Sep 14, 2020

Because we find our existing caselaw on the sexual abuse of inmates clearly established the contours of Brown’s rights, we affirm the denial of qualified immunity. … Under that standard, we must grant Flowers qualified immunity unless “(1) a reasonable jury could find facts supporting a violation of a constitutional right, which (2) was clearly established at the time of [Flowers’s

Russell v. Lazar

300 F. Supp. 2d 716 · District Court, E.D. Wisconsin · Jan 27, 2004

QUALIFIED IMMUNITY Defendants argue that even if the complaint states claims under the Eighth and Fourteenth Amendments, they are entitled to qualified immunity. … 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

Jeffers v. Gomez

267 F.3d 895 · Court of Appeals for the Ninth Circuit · Oct 3, 2001

The availability of qualified immunity in such a case naturally turns on whether it' was “clearly established law” that Motive Y was impermissible. … Determining whether a public official is entitled to qualified immunity “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?