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.”).

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.

Athel B. Cooper, Cross-Appellee v. William E. Smith, Individually and in His Official Capacity as Sheriff of Camden County, Georgia

89 F.3d 761 · Court of Appeals for the Eleventh Circuit · Jul 26, 1996

applicable law was clearly established.” … For Cooper to pierce the qualified immunity protecting Smith, he must show that Smith violated one of Cooper’s “clearly established” rights under federal law. Id.

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.

Randall v. City of Fairbanks

352 F. Supp. 2d 1028 · District Court, D. Alaska · Jan 11, 2005

Clearly Established Rights Although Randall has shown that there may have been a violation of a constitutional right, Williamson, nonetheless, is entitled to qualified immunity if that right was not clearly established at … Because the law governing deadly force in these circumstances was not clearly established at the time of the shooting, the Court HOLDS that Wilhamson is entitled to qualified immunity.

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.

Grice v. McVeigh

873 F.3d 162 · Court of Appeals for the Second Circuit · Sep 29, 2017

If McVeigh and Farina had a duty to intervene in those circumstances, that duty was not clearly established, and the defendants therefore enjoy qualified immunity on that claim. … Since, as we have already ruled, McVeigh did not violate clearly established law, Farina is entitled to qualified immunity as well. CONCLUSION For the foregoing reasons, the order of the district court is reversed. .

David M. Mumford v. Joseph Zieba, Judge, in His Official and Individual Capacities Lorain County Common Pleas Court, Domestic Relations Division

4 F.3d 429 · Court of Appeals for the Sixth Circuit · Sep 1, 1993

Moreover, Judge Zieba argued that he was protected from personal liability by the doctrine of qualified immunity because the law was not clearly established on January 3, 1989 that a chief referee of a domestic relations … Steingut, 829 F.2d 317 (2d Cir.1987), granted state officials qualified immunity when they refused to reappoint a plaintiff to the position of workers’ compensation referee because federal law was not clearly established

Thomas v. Cannon

289 F. Supp. 3d 1182 · District Court, W.D. Washington · Jan 30, 2018

DEFENDANTS' MOTION FOR QUALIFIED IMMUNITY ...1213 A. Waiver...1213 1. Markert, Wiley, Cannon...1213 2. Zaro...1214 B. Constitutional Violation...1215 C. Clearly Established Law...1217 1. … The Court nonetheless affirmed qualified immunity for the officers because it recognized this rule was not clearly established in 1997 when the flash-bang was used. Id. at 784 .

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.

Elder v. Holloway

984 F.2d 991 · Court of Appeals for the Ninth Circuit · Jan 27, 1993

Harlow shifted the inquiry in qualified immunity cases from the subjective good faith of the government officials to the objective reasonableness of their conduct in light of clearly established law. … The Court is merely restating its holding by emphasizing that to defeat a qualified immunity claim there must be an identity between the sued-on right and the clearly established right.

Daniel Simmonds v. Genesee County

682 F.3d 438 · Court of Appeals for the Sixth Circuit · Jun 19, 2012

To satisfy the first Saucier prong and establish a constitutional violation to defeat the officers’ claim of qualified immunity, Simmonds “is obliged to present facts which if true would constitute a violation of clearly … the violation of the constitutional right was clearly established. 533 U.S. at 201, 121 S.Ct. 2151 .

Ciolino v. Gikas

861 F.3d 296 · Court of Appeals for the First Circuit · Jun 28, 2017

Qualified Immunity Framework Qualified immunity protects public officials from § 1983 suits for damages if their actions "d[id] not violate clearly established statutory or constitutional rights of … Ct. 1765, 1776 (2015) ("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.").

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. Upshur County TX

245 F.3d 447 · Court of Appeals for the Fifth Circuit · Mar 30, 2001

To ensure that qualified immunity serves its intended purpose, it is of paramount import, during step two, to define “clearly established law” at the proper level of generality. Anderson v. … Thus, the issue as to sheriff Cross’s claim of qualified immunity is whether his policies were objectively reasonable in light of then clearly established law.

Wares v. VanBebber

231 F. Supp. 2d 1120 · District Court, D. Kansas · Nov 8, 2002

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory or constitutional … In examining the issue of qualified immunity, defendants argued that the proper inquiry was whether plaintiffs right to special feeding accommodations for Ramadan was clearly established at the time of the alleged violation

Abell v. Dewey

847 P.2d 36 · Wyoming Supreme Court · Mar 16, 1993

However, certain considerations may defeat a claim of qualified immunity. … In a recent opinion involving qualified immunity, we set out the following: [T]he right the official is alleged to have violated must have been “clearly established” in a more particularized, and hence more relevant, sense

Cocroft v. Smith

95 F. Supp. 3d 119 · District Court, D. Massachusetts · Mar 26, 2015

Whether Officer Smith Is Entitled To Qualified Immunity The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory … Officer Smith argues that he is entitled to qualified immunity because the right to be free from a retaliatory arrest was not clearly established at the time.

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."

Kandi Torres, Keisha Collins, and Oliver Bell v. Michael A. McCann

Texas Court of Appeals, 13th District · Jun 9, 2016

Under the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from civil liability insofar as their conduct does not violate clearly established federal statutory … In summary, McCann has failed to carry his burden to create an issue of material fact as to whether the officials’ conduct violated any clearly established constitutional rights with regard to his First Amendment and retaliation