Case law

Howard v. City Of Houston

District Court, S.D. Texas · Apr 18, 2022

Wade, 776 F.3d 368, 388 (5th Cir. 2015) (“It is well established that ‘municipalities have no immunity from damages liability flowing from their constitutional violations.’” (quoting Owen v. … Serrano and Vieira overstate the scope of any potential qualified immunity. See Pelletier, 516 U.S. at 312. Serrano was denied qualified immunity for allegedly conducting an unreasonable strip search.

Distiso v. Town of Wolcott

352 F. App'x 478 · Court of Appeals for the Second Circuit · Nov 5, 2009

The district court then denied the Defendants’ qualified immunity defense, asserting conclusorily that Nicholas’s right to be free from racial discrimination was clearly established, and that a reasonable school official … Therefore, if the facts alleged by the Plaintiff here do not make out violation of a “clearly established” constitutional right, then qualified immunity is available. Id. at 816 ; see also Okin v.

Redmond v. Crowther

882 F.3d 927 · Court of Appeals for the Tenth Circuit · Feb 9, 2018

“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 … Clearly Established Even if we assume a constitutional violation occurred, moreover, the officers would still be entitled to qualified immunity because no case clearly establishes this right.

Sawyer v. County of Creek

908 F.2d 663 · Court of Appeals for the Tenth Circuit · Jul 18, 1990

Ramirez argues that Leona Sawyer has pled insufficient facts to overcome Ramirez’s absolute and qualified immunity from suit. 1 We turn first to Ramirez’s claim of qualified immunity. … Unlike other affirmative defenses, qualified immunity is not merely a defense to liability; it is also an immunity from suit.

Martin v. City of Albuquerque

147 F. Supp. 3d 1298 · District Court, D. New Mexico · Nov 17, 2015

Martin maintains that Padilla is not entitled to qualified immunity because his “right to be free from excessive force was clearly established.” … Clearly Established Rights, in the Qualifíed Immunity Analysis.

Vargas-Badillo v. Diaz-Torres

114 F.3d 3 · Court of Appeals for the First Circuit · May 30, 1997

The Qualified Immunity Standard A. … of clearly established law, was met.

Estate of Garcia Toribio v. City of Santa Rosa

381 F. Supp. 3d 1179 · District Court, N.D. California · Apr 4, 2019

The qualified immunity doctrine shields a government official performing discretionary functions from liability for civil damages if the officer's conduct does not violate a "clearly established statutory or constitutional … See Sheehan , 135 S.Ct. at 1776 (questioning without deciding whether "a controlling circuit precedent could constitute clearly established federal law in these circumstances" for purposes of Section 1983 qualified immunity

TATTNALL COUNTY Et Al. v. ARMSTRONG

333 Ga. App. 46 · Court of Appeals of Georgia · Jul 13, 2015

IX establishes a different type of immunity, known as official or qualified immunity when an officer or an employee of the state is sued in his individual capacity. 6 Banks v. Happoldt, 271 Ga. … Armstrong clearly had the burden to establish waiver. As we have previously explained, “[sovereign immunity is not an affirmative defense that must be established by the party seeking its protection.

A.M. ex rel. Youngers v. New Mexico Department of Health

117 F. Supp. 3d 1220 · District Court, D. New Mexico · Jul 17, 2015

Bader are trying to suggest that district courts should, whenever possible, decide qualified immunity on the clearly established prong. … The Supreme Court established the qualified immunity defense in Pierson v.

Taylor v. Rogich

45 F. Supp. 3d 223 · District Court, E.D. New York · Jan 2, 2014

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.... … The Court deter *227 mined that “Brosseau’s actions fell in the hazy border between excessive and acceptable force [and that qualified immunity applied because] cases by no means clearly established] that Brosseau’s conduct

Brown v. Dickey

117 F.4th 1 · Court of Appeals for the First Circuit · Sep 3, 2024

Qualified immunity, which shields an officer from civil liability unless the officer violates clearly established law of which a reasonable officer would have known, is an immunity from suit and damages. … Because qualified immunity is an immunity from suit, an officer's claim of qualified immunity "ought to be resolved as soon as possible in [the] litigation." Norton, 955 F.3d at 183.

Dustin Burnikel v. Michael Fong

886 F.3d 706 · Court of Appeals for the Eighth Circuit · Apr 2, 2018

Qualified immunity shields government officials from liability in a § 1983 action unless their conduct violates a clearly established right of which a reasonable official would have known. Harlow v. … We affirm the district court’s denial of qualified immunity to Fong and Wessels.

Flanagan v. Scearce

District Court, W.D. Virginia · Aug 23, 2021

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 person would have … clearly established law”); Graves v.

The Mercer County Board of Education and Dr. Deborah Akers v. Amanda Shrewsbury

West Virginia Supreme Court · Nov 12, 2024

The respondent further argued that even if the circuit court decided that qualified immunity applied, it was abrogated by the petitioners’ violation of clearly established rights. … “It is well established that claims for both constitutional and common law qualified immunity are available only for the State, its agencies, officials, and/or employees.” Kent, 249 W.

Swann v. City of Dallas

922 F. Supp. 1184 · District Court, N.D. Texas · Feb 12, 1996

Public officials, however, are not shielded by qualified immunity if their conduct violates clearly-established constitutional rights, if a reasonable person would have known that such conduct was unconstitutional. … Finally, to satisfy the third part of the qualified immunity test, the plaintiff must establish that the official’s conduct was objectively unreasonable in fight of the legal rules clearly established at the time the actions

Amy Hughes v. Andrew Kisela

841 F.3d 1081 · Court of Appeals for the Ninth Circuit · Nov 28, 2016

The Supreme Court has explained that “[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer

Clayton Hulbert v. Brian Pope

70 F. 4th 726 · Court of Appeals for the Fourth Circuit · Jun 14, 2023

Given these facts, Pope is entitled to qualified immunity unless it was clearly established that ordering Kevin to move back while he was filming would violate his First Amendment rights. … This order did not violate Kevin’s clearly established rights.

Jaeger v. Wracker

21 Ohio App. 3d 150 · Ohio Court of Appeals · Feb 13, 1985

Fitzgerald (1982), 457 U.S. 800 , 818-819: “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. … fireman, the trustees cannot claim a qualified immunity.

Neaves v. Hampton

District Court, E.D. Kentucky · Jul 1, 2024

Qualified Immunity The defendants assert that they are entitled to the protections of qualified immunity with respect to Neaves’ constitutional claims. … to juror to conclude that the defendant violated a clearly established constitutional right.

Babinski v. Sosnowsky

79 F.4th 515 · Court of Appeals for the Fifth Circuit · Aug 21, 2023

To defeat qualified immunity, Babinski must satisfy the clearly established prong of the analysis. … The district court denied the university and its officials qualified immunity. Id. A panel of this court reversed, explaining that “the ‘sine qua non of the clearly- established inquiry is “fair warning.”’”