Case law

Guilford v. Frost

269 F. Supp. 3d 816 · District Court, W.D. Michigan · Aug 18, 2017

At a minimum, Sergeant Frost is entitled to qualified immunity because the law was not clearly established at the time of the stop. … Young, 780 F.3d 998, 1010 (10th Cir. 2015) (“reciting the overarching requirement of probable cause does not pass muster in a qualified-immunity clearly-established-law assessment”).

McKay v. City of New York

32 F. Supp. 3d 499 · District Court, S.D. New York · Jul 24, 2014

Qualified immunity protects government officials performing discretionary functions, such as arrests, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Law is “clearly established” for qualified immunity purposes if “various courts have agreed that certain conduct is a constitutional violation under facts not distinguishable in a fair way from the facts presented in the

Harris v. Eichbaum

642 F. Supp. 1056 · District Court, D. Maryland · Sep 2, 1986

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct____ By defining the limits of qualified immunity essentially … Forsyth that: “Unless 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.

Sheehy v. State

250 Mont. 437 · Montana Supreme Court · Nov 14, 1991

Plaintiffs argue that the result in Davis was clearly foreshadowed under the long-standing principle of intergovernmental tax immunity and as a logical extension of the Court’s decisions in a series of cases. … The second extension of prior law took place when the Court *443 established the connection between the doctrine of intergovernmental tax immunity and the protection against discriminatory taxation of individuals under 4

Larsen v. Senate Of The Commonwealth Of Pennsylvania

154 F.3d 82 · Court of Appeals for the Third Circuit · Aug 11, 1998

immunity is from suit as well as from liability, so that "[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 … on qualified immunity grounds.

McCall v. Williams

59 F. Supp. 2d 556 · District Court, D. South Carolina · Aug 16, 1999

Plaintiff maintains that his right to be free from the application of handcuffs which were too tight was clearly established on the date of the incident. … Just as the Supreme Court found that the officials in Wilson had violated the plaintiffs Fourth Amendment rights, yet they were entitled to qualified immunity because the specific right had not been clearly established at

Kinney v. Weaver

111 F. Supp. 2d 831 · District Court, E.D. Texas · May 16, 2000

Nevertheless, as will be discussed in further detail in the “clearly established” prong of the qualified immunity test, this is irrelevant. The defendants cannot do indirectly that which they could not do directly. … similar to qualified immunity under federal law.

Toomer v. Garrett

155 N.C. App. 462 · Court of Appeals of North Carolina · Dec 31, 2002

The defense of qualified immunity shields government officials from personal liability under § 1983 “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The qualified immunity inquiry requires a determination of whether the right at issue was clearly established at the time it was allegedly violated. See Andrews, supra.

Prison Legal News v. Lehman

397 F.3d 692 · Court of Appeals for the Ninth Circuit · Jan 31, 2005

immunity because they violated clearly established law. … It also properly granted qualified immunity to the prison officials on this claim because their actions did not violate clearly established law.

Thomas L. Sluman v. State of Washington

418 P.3d 125 · Court of Appeals of Washington · May 22, 2018

Nevertheless, the decisions do not bestow absolute immunity on the officers. In short, Thomas Sluman presents many cases that establish that Trooper Bart Olson violated his clearly established Fourth Amendment rights. … Davis, focused on whether Officer Danny Davis should receive qualified immunity.

Soto v. Chardon

514 F. Supp. 339 · District Court, D. Puerto Rico · May 7, 1981

This principle will be borne in mind when the qualified immunity issues are considered. (Ill) Qualified Immunity from Damages A. … Liability The nature of the qualified immunity defense at common law and in § 1983 cases has been judicially established commencing with Scheuer v.

Cole v. Buchanan County School Board

328 F. App'x 204 · Court of Appeals for the Fourth Circuit · May 14, 2009

established prong” of the qualified immunity analysis). … The “clearly established” prong of the qualified immunity analysis turns on “the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken

Eddie Ford v. City of Yakima

706 F.3d 1188 · Court of Appeals for the Ninth Circuit · Feb 8, 2013

Clearly Established Right The officers are nevertheless entitled to qualified immunity if Ford’s right was not clearly established when the officers booked and jailed him. … Because the law concerning the right in question was clearly established at the time of Ford’s arrest, the officers are not entitled to qualified immunity. IV.

Youngblood v. Qualls

308 F. Supp. 3d 1184 · District Court, D. Kansas · Apr 6, 2018

immunity framework discussed above, the Court must examine "first, whether plaintiff has established a constitutional violation under the three-part Worrell standard and, second, whether the law was clearly established such … Thus, our circuit uses a sliding scale to determine when law is clearly established.

Truelove v. Hunt

67 F. Supp. 2d 569 · District Court, D. South Carolina · Sep 29, 1999

After this finding, the Court addressed the qualified immunity question of whether the right violated was clearly established at the time of the incident. … However, the precise contours of the right are not clearly established. See id.

William R. Schwartzman, M.D. v. Fred Valenzuela Bamford Frankland, David Swoap

846 F.2d 1209 · Court of Appeals for the Ninth Circuit · May 17, 1988

Qualified Immunity. The appellants next argue that the district court should have granted them summary judgment based upon qualified immunity against suit. … clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.”).

United States v. Jeffrey Lynn Franklin

235 F.3d 1165 · Court of Appeals for the Ninth Circuit · Dec 20, 2000

establish” that the predicate conviction qualified under § 924(e). … While in some cases a sentencing court properly might cumulate documentation of prior criminal convictions to find that such documentation “clearly establishes” a prior criminal conviction, in the context of an enhancement

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.

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