Case law

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

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.

DeShawn Anderson-Santos v. Kent County, Mich.

94 F.4th 550 · Court of Appeals for the Sixth Circuit · Feb 29, 2024

Page 7 clearly-established constitutional violation based on his version of the facts, fails to present us with a legal issue and relegates his claim to a factual dispute over which we cannot exercise jurisdiction. … of clearly established law.”

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

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. .

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.

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

Crehan v. Davis

713 F. Supp. 2d 688 · District Court, W.D. Michigan · May 18, 2010

“Ordinarily, a Supreme Court or Sixth Circuit [Court of Appeals] decision on point is necessary” to clearly establish the right in the relevant context and defeat qualified immunity. See Reynolds v. … With no clearly established law in place .... ”)). 10 *697 This means that Crehan cannot defeat Officer Davis’s qualified-immunity defense w+nt “clearly establishing” her general Fourth Amendment right to be free from excessive

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.

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.

Rodriquez v. Furtado

771 F. Supp. 1245 · District Court, D. Massachusetts · Feb 11, 1991

The Court of Appeals for the First Circuit has recently interpreted these holdings to establish a two-part objective test for qualified immunity claims: First, if the right asserted by the plaintiff was “clearly established … Therefore, Detective Furtado is entitled to qualified immunity because a reasonable person in his position would not have known he was violating any clearly established constitutional rights of plaintiff. 2.

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

Palmer, Brady v. Eisenhauer, Scott

District Court, W.D. Wisconsin · Aug 14, 2024

Qualified Immunity Officer Pride also contends that he is entitled to qualified immunity from Palmer’s claims because his conduct did not violate a clearly established … Qualified immunity protects government officials from liability for damages unless they “violate clearly established statutory or constitutional rights.” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

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

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

Morse v. Cloutier

869 F.3d 16 · Court of Appeals for the First Circuit · Aug 25, 2017

Accordingly, we proceed to the next step of the qualified immunity paradigm and consider whether the applicable law was so clearly established that no reasonable officer would have entered the plaintiffs' home without … Payton and its progeny clarify a matter of Fourth Amendment law that Joyce, which relied on the "clearly established" prong of the qualified immunity paradigm, left

Dollard v. Callery

185 A.3d 694 · Superior Court of Delaware · Apr 16, 2018

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”63 A clearly … right to fair trial—that clearly was established at the time of the challenged conduct.