Case law

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.

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.

Siehl v. City of Johnstown

365 F. Supp. 3d 587 · District Court, W.D. Pennsylvania · Feb 13, 2019

The doctrine of qualified immunity provides that "government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … immunity analysis-was there clearly established law-in light of their argument that there was no constitutional violation.

Escalera-Salgado v. United States

911 F.3d 38 · Court of Appeals for the First Circuit · Dec 19, 2018

in Bivens claims by qualified immunity."2 Solis-Alarcón v. … The district court therefore did not err in dismissing Escalera's claim on the clearly-established step of qualified immunity analysis.4 III.

Sapp v. Cunningham

847 F. Supp. 893 · District Court, D. Wyoming · Mar 23, 1994

Was the Law “Clearly Established”? … The critical issue before this Court with respect to qualified immunity is whether it can be said that the defendants’ alleged failures to act violated some clearly established law in existence at that time.

Silagyi v. Independent School District No 12

District Court, W.D. Oklahoma · Jun 30, 2023

The Court may consider both prongs of the qualified immunity analysis even though Defendants’ arguments focus on the “clearly established” prong. … Moreover, for purposes of the “clearly established” prong of qualified immunity (discussed below), the block quote Plaintiffs cite is insufficient to “create a clearly established weight of authority.” Sandberg v.

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.

Smith v. University of Washington Law School

2 F. Supp. 2d 1324 · District Court, W.D. Washington · Apr 22, 1998

In the absence of binding precedent, a court should look to whatever deci-sional law is available to ascertain whether the law is clearly established for qualified immunity purposes, including decisions of state courts, other … The third step in the qualified immunity analysis is to consider whether a reasonable official could have believed the conduct at issue was lawful under clearly established law.

Merriweather v. Zamora

569 F.3d 307 · Court of Appeals for the Sixth Circuit · Jun 24, 2009

The defendants argue that the district court improperly denied qualified immunity because they violated no clearly established constitutional right of Merriweather’s and their actions, if not a reasonable application of the … The final prong of the qualified immunity analysis requires us to consider whether the defendants acted objectively unreasonably “in light of the clearly established constitutional rights.”

(PC) Reed v. Flores

District Court, E.D. California · Jan 13, 2025

(ECF No. 15-1 at 14-15.) 25 Qualified immunity applies when an official’s conduct does not violate clearly established 26 statutory or constitutional rights of which a reasonable person would have known. … City of Roseville, 882 F.3d 843, 856-57 (9th Cir. 2018) (holding that Ninth Circuit 15 precedent is sufficient to meet the “clearly established” prong of qualified immunity).

Rogers v. Cofield

908 F. Supp. 2d 277 · District Court, D. Massachusetts · Dec 12, 2012

MEMORANDUM AND ORDER RE: QUALIFIED IMMUNITY MARIANNE B. BOWLER, United States Magistrate Judge. … was clearly established at the time of the defendant’s alleged violation.”

Tommy D. Hopkins v. John L. Saunders, Kyle Vickers, Charles Ausfahl, Roy Temple, Beth M. Wheeler

93 F.3d 522 · Court of Appeals for the Eighth Circuit · Sep 23, 1996

Qualified Immunity Under the doctrine of qualified immunity, government officials are generally immune from suit in performing discretionary duties if “their conduct does not violate clearly established statutory or constitutional … The district court determined, however, that the right to such a hearing was clearly established by section 105.055 and thus denied the officials qualified immunity. We disagree.

Vinning-El v. Evans

657 F.3d 591 · Court of Appeals for the Seventh Circuit · Sep 16, 2011

The remaining subject is whether chaplain Sutton has qualified immunity, which comprises two questions: first whether the plaintiff has a good constitutional claim, and second whether the right in question was “clearly established … Immunity protects public employees who make reasonable errors in applying even clearly established law. See, e.g., Malley v.

Iqbal v. Hasty

490 F.3d 143 · Court of Appeals for the Second Circuit · Jun 18, 2007

A defendant will be entitled to qualified immunity if either (1) his actions did not violate clearly established law or (2) it was objectively reasonable for him to believe that his actions did not violate clearly established … clearly established law.”

Lawrenz v. James

852 F. Supp. 986 · District Court, M.D. Florida · Apr 6, 1994

Thus, if the applicable law was not clearly established, or if the law was clearly established and Defendant James did not violate that law in terminating Plaintiff, he is entitled to qualified immunity. … CONCLUSION Defendant James is entitled to qualified immunity because he did not violate clearly established law in terminating Plaintiff.

Sanzone v. Gray

884 F.3d 736 · Court of Appeals for the Seventh Circuit · Mar 8, 2018

They all raised a qualified-immunity defense, arguing that they did not violate any clearly established constitutional right. … To decide whether Gray is entitled to qualified immunity, this court must ask: (1) whether his conduct violated Koster's Fourth Amendment right; and (2) whether the right was clearly established at the time of the alleged

George MacKie v. Katrin Rouse-Weir / George MacKie v. Robert Joss

Massachusetts Supreme Judicial Court · Jan 24, 2025

Second, both legal precedent and the statutory framework of c. 123A establish that the role of qualified examiners is not only essential, but quasi judicial. … established statutory or constitutional right for the purpose of determining whether qualified immunity applied. [13] In his complaint, Mackie alleged that Joss "was hired by the [DOC] as a [qualified examiner] and assigned

Ireland v. Tunis

907 F. Supp. 1088 · District Court, E.D. Michigan · Nov 5, 1995

Alternatively, Defendants contend that they should prevail as a matter of law even if they are entitled only to qualified immunity for their acts, because those acts did not violate any “clearly established rights” of the … The Court reiterated that qualified immunity rests upon “objective legal reasonableness,” and stated that allegedly unlawful official action must be “assessed in light of the legal rules that were ‘clearly established’ at

Pinter v. City of New York

710 F. Supp. 2d 408 · District Court, S.D. New York · Sep 13, 2010

Once we determine whether the right at issue was clearly established for the particular context that the officer faced, the qualified immunity inquiry is complete. … Pinter’s Right Was Clearly Established “For a constitutional right to be ‘clearly established’ for purposes of determining whether an officer is entitled to qualified immunity, the ‘contours of the right must be sufficiently

Howell v. Evans

922 F.2d 712 · Court of Appeals for the Eleventh Circuit · Jan 28, 1991

Absent from the order was any discussion of what the clearly established law was at the time of Howell's death, an inquiry essential to a determination of immunity. … Generally Applicable Law 16 As stated above, Harlow established the test for qualified immunity.