Case law

Robert Stewart v. Donald Donges

915 F.2d 572 · Court of Appeals for the Tenth Circuit · Sep 17, 1990

The test for qualified immunity is whether defendants violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Once a defendant raises the defense of qualified immunity as a defense to an action, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.”

Griffin Industries, Inc. v. Irvin

496 F.3d 1189 · Court of Appeals for the Eleventh Circuit · Aug 21, 2007

If, however, the official violated the law but his conduct was not clearly established as unlawful, the court must grant him qualified immunity. McClish, 483 F.3d at 1249. … Only when the official violated the law and the illegality of his conduct was clearly established must the court deny him the protection of qualified immunity. See Vinyard v.

Benavidez v. Shutiva

8 N.M. Ct. App. 95 · New Mexico Court of Appeals · Mar 31, 2015

“The granting of qualified immunity results in immunity 5 from suit.” Oldfield v. … Since the law was not clearly established, the 4 defendants were entitled to qualified immunity and the lower court’s decision was 5 reversed. Id. 6 {41} Reichle controls our analysis here.

Delph v. Trent

86 F. Supp. 2d 572 · District Court, E.D. Virginia · Feb 8, 2000

The doctrine of good faith qualified immunity shields government employees performing discretionary functions from civil liability unless their conduct violates “clearly established statutory or constitutional rights of which … The basic question for a court adjudicating a defense of qualified immunity, however, is whether official would have reasonably known his conduct violated clearly established law.

Matthew Robinson v. Stewart Condley

791 F.3d 824 · Court of Appeals for the Eighth Circuit · Jun 29, 2015

was clearly established at the time of the violation. … Matthew argues Trooper Condley is not entitled to qualified immunity because case law clearly established at the time of the incident that an officer may be liable for failing to intervene to prevent the use of excessive

Jones v. Department of Health

140 Wash. App. 476 · Court of Appeals of Washington · Jun 4, 2007

of a clearly established constitutional right. … asserts qualified immunity, the plaintiff must establish that the defendant violated a clearly established constitutional right in order to survive summary judgment. 23 Jones claims the individual defendants violated his

Christopher Cantu v. City of Dothan, Alabama

974 F.3d 1217 · Court of Appeals for the Eleventh Circuit · Sep 3, 2020

established, which entitled her to qualified immunity on the federal claim and state agent immunity on the state claim. … That means the same facts that establish an officer is not entitled to qualified immunity “also establish that [she] is not entitled to” state agent immunity. Hunter, 941 F.3d at 1284.

Deanna Copeland v. Lucas Wicks

468 S.W.3d 886 · Supreme Court of Missouri · Jul 21, 2015

Detective moved for summary judgment on the basis of qualified immunity. In sustaining the motion, the trial court found there was no dispute as to the material facts and Detective was entitled to qualified immunity. … Law enforcement officers are not entitled to qualified immunity, however, if their actions violate a clearly established law of which a reasonable person would have known at the time of the alleged violation.

Jamie Becker v. Zachary Effriechs

821 F.3d 920 · Court of Appeals for the Seventh Circuit · May 12, 2016

to qualified immunity as a matter of law.” … to qualified immunity on this record.

Collar v. Austin

86 F. Supp. 3d 1294 · District Court, S.D. Alabama · Feb 5, 2015

immunity, the Court is required, sua sponte, to determine whether the allegations of the complaint reflect the violation of a clearly established right. … circumstances as denials of qualified immunity.

Silva v. Town of Springer

121 N.M. 428 · New Mexico Court of Appeals · Jan 29, 1996

Section 1983 because of Appellees’ defense of qualified immunity. 21. Public officials have qualified immunity from suit under 42 U.S.C. … his or her conduct was violating that clearly established right.

Shawn Manning v. C.J. Ryan

13 F.4th 705 · Court of Appeals for the Eighth Circuit · Sep 20, 2021

Defendants moved for summary judgment claiming qualified immunity, arguing that Manning’s alleged right to see his children was not clearly established. … “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” Id.

Kevin O'ROuRke v. Smithsonian Institution Press and the Smithsonian Institution, Docket No. 04-0151-Cv

399 F.3d 113 · Court of Appeals for the Second Circuit · Feb 16, 2005

O’Rourke pointed out that the Smithsonian was created as an independent establishment of the United States, citing 20 U.S.C. *116 § 41, and that § 1498(b) does not mention establishments, or trust instrumentalities, of the … Prior to 1960, however, the United States had not waived its sovereign immunity from suits for copyright infringement, and the result was, “inequitabl[y],” that government employees — who could not claim sovereign immunity

Thomas v. Independence Township

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

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."

Elmer Pace and Linda Pace v. City of Des Moines, Iowa, and Brian Danner

201 F.3d 1050 · Court of Appeals for the Eighth Circuit · Jan 13, 2000

of clearly established law.” … have violated plaintiffs clearly established right.”

Stamps Ex Rel. Estate of Stamps v. Town of Framingham

813 F.3d 27 · Court of Appeals for the First Circuit · Feb 5, 2016

The rules for granting qualified immunity are well established. … any Courts of Appeals . . . decline to consider district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity

Thompson v. Farmer

945 F. Supp. 109 · District Court, W.D. North Carolina · Aug 28, 1996

Taken together Mitchell and Johnson establish a continuum along which the court makes qualified immunity decisions. … Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991) (dismissal on grounds of qualified immunity proper where plaintiff’s complaint did not allege a clearly established’ legal norm or its violation).

Batiste v. City of Beaumont

421 F. Supp. 2d 1000 · District Court, E.D. Texas · Mar 10, 2006

in reference to clearly-established law. … Consequently, the court must answer the first prong of the qualified immunity analysis (has plaintiff alleged violation of a clearly established federal right?) in the negative. As such, Lt.

State v. W.S.B.

453 N.J. Super. 206 · New Jersey Superior Court Appellate Division · Feb 26, 2018

The defendant bears that burden of establishing the immunity by a preponderance *233 of the evidence. … "[I]t is only when the facts known to the prosecutor clearly indicate or clearly establish the appropriateness of an instruction that the duty of the prosecution arises."

Dukore v. District of Columbia

970 F. Supp. 2d 23 · District Court, District of Columbia · Sep 19, 2013

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Arresting the plaintiffs An officer making an arrest is entitled to qualified immunity where clearly established law does not show that the seizure violates the Fourth Amendment.