Case law

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.”).

Zar v. Payne

760 F. Supp. 2d 779 · District Court, S.D. Ohio · Jan 12, 2011

Qualified Immunity The Defendants argue that the doctrine of qualified immunity forecloses the Plaintiffs claims for warrantless entry into her home and use of excessive force. … According to the doctrine of qualified immunity, “government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly established

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

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

Sorenson v. Ferrie

134 F.3d 325 · Court of Appeals for the Fifth Circuit · Feb 11, 1998

Claims of qualified immunity are reviewed under a two-step analysis. The first question is whether the plaintiff has asserted the violation of a clearly established constitutional right. … We hold only that, for purposes of qualified immunity in this civil case, the law was not clearly established on this question as of the date of this incident.

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.

Prison Legal News, Inc. v. Simmons

401 F. Supp. 2d 1181 · District Court, D. Kansas · Nov 22, 2005

If plaintiffs make this showing, defendants may still be entitled to qualified immunity if they can show that their actions were nonetheless reasonable in light of the clearly established law. Roska ex rel. Roska v. … “A defendant who has appropriately pleaded the affirmative defense of qualified immunity may establish his right to immunity at any point in the proceeding, including at trial.” Guffey v.

Christian v. Fontenot

672 So. 2d 436 · Louisiana Court of Appeal · Apr 8, 1996

To avoid the protection of qualified immunity on the basis that the right which *446 the official allegedly violated is "clearly established," the contours of the right must be sufficiently clear that a reasonable official … Plaintiffs would be able to convert the rule of qualified immunity that our cases clearly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights. 483 U.S. at 639

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.

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

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. .

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

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.

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

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?