Case law

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.

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.

Robert Oglesby v. Amy Lesan

929 F.3d 526 · Court of Appeals for the Eighth Circuit · Jul 3, 2019

Officer Hein and Deputy Lesan moved for summary judgment based on qualified immunity. … To defeat a motion for summary judgment based on qualified immunity, a plaintiff must show that the defendant violated his clearly-established rights. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

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.

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

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.

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

DeAngelo Thomas-El v. Nicole Francis

99 F.4th 1115 · Court of Appeals for the Eighth Circuit · Apr 23, 2024

Francis and Lee appeal the district court’s denial of qualified immunity. … Finally, we consider whether the law clearly established an inmate’s right to hygiene supplies during the timeframe alleged in the complaint.

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

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.

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.

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.

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.

Arnette Rodgers v. 36th District Court

529 F. App'x 642 · Court of Appeals for the Sixth Circuit · Jul 3, 2013

Katz, the Supreme Court established a two-step inquiry for determining whether an official is entitled to qualified immunity. 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … clearly established law at the time that it was committed.

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.”).

Hernandez v. Skinner

383 F. Supp. 3d 1077 · District Court, D. Montana · May 29, 2019

Qualified immunity shields public officials from suit unless the plaintiff can show (1) a violation of a constitutional right and (2) the constitutional right was clearly established at the time of the violation. … "Qualified immunity is no immunity at all 'if clearly established' law can simply be defined as the right to be free from unreasonable searches and seizures." City & Cty. Of S.F. v.

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.

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.