Case law

Willingham v. Crooke

412 F.3d 553 · Court of Appeals for the Fourth Circuit · Jun 23, 2005

This is known as the defense of qualified immunity. Police officers are presumed to know about the clearly established constitutional rights of citizens. In this case, *558 Ms. … Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate clearly established statutory or constitutional

Hays v. Ellis

331 F. Supp. 2d 1303 · District Court, D. Colorado · Aug 23, 2004

Qualified immunity shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory or constitutional rights of … Having so concluded, the second step of the qualified immunity inquiry is to determine whether the right that was violated was clearly established at the time of the violation. Saucier, 121 S.Ct. at 2156.

Irizarry-López v. Torres-González

363 F. Supp. 2d 7 · District Court, D. Puerto Rico · Mar 18, 2005

Qualified Immunity Ortiz further self-servingly restates qualified immunity law as established by the Supreme Court and followed by the First Circuit. … In order to determine whether a public official is entitled to qualified immunity, the Court must determine l)whether plaintiffs allegations, if true, establish a constitutional violation; 2)whether that right was clearly

Marcus Hanks v. Randall Rogers

853 F.3d 738 · Court of Appeals for the Fifth Circuit · Apr 5, 2017

“Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. … App’x 453, 459–60 (5th Cir. 2015) (unpublished) (construing Deville as clearly establishing that an officer should receive no qualified immunity if he “quickly escalate[s]” an encounter with a non-threatening, passively-resisting

McMillian v. Johnson

878 F. Supp. 1473 · District Court, M.D. Alabama · Jan 17, 1995

Additionally, Tate argues that he is entitled to the protection of qualified immunity because he did not deprive McMillian of clearly established federal right. … in conduct which violates clearly established law, then qualified immunity does not afford the defendant protection from the claim.

Narducci v. Moore

572 F.3d 313 · Court of Appeals for the Seventh Circuit · Jul 9, 2009

The doctrine of qualified immunity protects government officials from lawsuits for damages when their conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have … Burge, 874 F.2d 1201, 1204-05 (7th Cir.1988), we held that officials who searched a police officer’s desk and a briefcase found in his car were immune from suit under § 1983 because the search did not violate a clearly established

Laura Toms and Ira Chaiffetz v. Bob Taft Reginald J. Wilkinson Anthony J. Brigano Lawrence Belskis Mark Clark

338 F.3d 519 · Court of Appeals for the Sixth Circuit · Jul 31, 2003

The second part of the qualified immunity inquiry asks whether the constitutional right was clearly established such that reasonable officials would know that their conduct violated the right. … Although courts engaging in qualified immunity analyses often consider only case law when determining whether the right at issue was clearly established, the Supreme Court in Hope also considered a Department of Justice report

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

Adams v. NaphCare, Inc.

246 F. Supp. 3d 1128 · District Court, E.D. Virginia · Mar 31, 2017

As the Magistrate Judge noted, state actors are entitled to qualified immunity from such claims “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … immunity, since it was not clearly established that the agency head bore such responsibility for her subordinates.”

Tarpley v. Miami-Dade County

212 F. Supp. 3d 1273 · District Court, S.D. Florida · Jul 21, 2016

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … City of Cumming, 69 F.3d 1098, 1102 (11th Cir.1995) (“Should the plaintiff fail to show that the law was clearly established at the time in question, the individual defendant is entitled to qualified immunity.”).

Auriemma v. Rice

895 F.2d 338 · Court of Appeals for the Seventh Circuit · Feb 6, 1990

We must now turn to the second step of the qualified immunity inquiry and determine whether the alleged constitutional violation was clearly established at the time of the alleged violation. … immunity inquiry of whether a constitutional right is clearly established.

Carlos Gonzalez v. Able Huerta

826 F.3d 854 · Court of Appeals for the Fifth Circuit · Jun 23, 2016

Because we find no violation of clearly established law, we AFFIRM. I. … Huerta asserted qualified immunity and moved for summary judgment.

Thomas v. Independence Township

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

6 of which the 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.”

Robert Sean Reed v. Campbell Cnty., Ky.

80 F.4th 734 · Court of Appeals for the Sixth Circuit · Aug 30, 2023

Clearly Established Inquiry To satisfy the second prong of the qualified-immunity analysis, the officers’ unconstitutional conduct must violate clearly established law. Williams, 9 F.4th at 437. … Page 21 First, cases where we have found qualified immunity cannot clearly establish a constitutional violation by negative inference.

Timothy Taylor v. Michigan Department of Corrections, Dale E. Foltz Gwen Bogan Don Wentworth A.E. Tessmer John Doe, No. 1

14 F.3d 602 · Court of Appeals for the Sixth Circuit · Dec 22, 1993

B. 8 Foltz is entitled to qualified immunity in the performance of official discretionary functions to the extent that his conduct did not violate clearly established statutory or constitutional rights. Harlow v. … I am troubled, however, on the question of qualified immunity--whether Taylor "failed to allege the violation of a clearly established constitutional right." See Siegert v.

White v. Busboom

901 N.W.2d 294 · Nebraska Supreme Court · Sep 15, 2017

Whether an official may prevail in his or her qualified immunity defense depends upon the objec- tive reasonableness of his or her conduct as measured by reference to clearly established law. 13. ____: ___ … Court Erred in Determining That White’s Predeprivation Due Process R ights Were Clearly Established (a) Qualified Immunity Principles [11,12] The doctrine of qualified

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.

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

Ralph Harrison Benning v. Commissioner, Georgia Department of Corrections

71 F.4th 1324 · Court of Appeals for the Eleventh Circuit · Jun 23, 2023

The Supreme Court re- cently summarized this aspect of the qualified immunity inquiry: Qualified immunity attaches when an official’s con- duct does not violate clearly established statutory … Thus, because the law was not clearly established, we affirm the district court’s ruling that Ms. Edgar and Ms. Patterson are en- titled to qualified immunity on Mr.

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.