Case law

Washington v. Smith

District Court, E.D. Louisiana · Nov 8, 2022

Qualified Immunity “Governmental officers sued in their individual capacity are entitled to qualified immunity insofar as their conduct ‘did not violate clearly established … Under the law of qualified immunity, a governmental officer may commit a constitutional violation but nevertheless be immune from suit if it was not “clearly established,” at the time that he acted, that he was

Binay v. Bettendorf

601 F.3d 640 · Court of Appeals for the Sixth Circuit · Apr 20, 2010

“Once the qualified immunity defense is raised, the burden is on the plaintiff to demonstrate that the officials are not entitled to qualified immunity.” Silberstein v. … Clearly Established Constitutional Right After determining that Plaintiffs have raised sufficient facts to support a Fourth Amendment violation, we next ask “whether the right was clearly established . . . in light

Heaney v. Roberts

147 F. Supp. 3d 600 · District Court, E.D. Louisiana · Dec 2, 2015

Roberts’ contention - with respect to qualified immunity is that his actions were objectively reasonable, and that on September 18, 2013, the law was not clearly established such that the actions he took constituted a First … The qualified immunity analysis is a two-step inquiry. First, a court must decide whether a plaintiffs allegation, if true, establishes a violation of a clearly established constitutional right. Wyatt v.

Grider v. City of Auburn, Ala.

618 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Sep 7, 2010

Qualified and State-Law Immunity Doctrines As to Plaintiffs’ § 1983 claims, “[qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly … Courts utilize a two-part framework to evaluate qualified immunity defenses. 19 One inquiry in a qualified immunity analysis is whether the plaintiffs allegations, if true, establish a constitutional violation. Hope v.

Morris v. ZEFFERI

601 F.3d 805 · Court of Appeals for the Eighth Circuit · Apr 13, 2010

Qualified Immunity “Qualified immunity protects a government official from liability in a [42 U.S.C. §] 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of … To defeat Zefferi’s qualified immunity claim, Morris must show Zefferi potentially violated Morris’s clearly established constitutional right as a pretrial detainee to be free from being transported for ninety minutes in

Raheem Jacobs v. Cumberland County

8 F.4th 187 · Court of Appeals for the Third Circuit · Aug 10, 2021

The officers moved for summary judgment on the ground of qualified immunity. … Our qualified-immunity analysis consists of two questions: (1) whether this set of facts shows Williams violating a constitutional right, and (2) “whether the right was clearly established, such that ‘it would [have been]

Stephen Hopkins v. Anthony Nichols

37 F.4th 1110 · Court of Appeals for the Sixth Circuit · Jun 16, 2022

These errors, perhaps understandably, led the district court not to discuss the “clearly established” prong of the qualified immunity as it pertained to the seizure of Mrs. Hopkins. … Hopkins may have amounted to a clearly established constitutional violation. For those reasons, we conclude that the district court properly denied qualified immunity to defendants for the alleged seizure of Mrs.

Young v. City of Providence

396 F. Supp. 2d 125 · District Court, D. Rhode Island · Nov 2, 2005

Camilo-Robles, 151 F.3d at 6 . 5 More specifically, “the ‘clearly established’ prong of the qualified immunity inquiry is satisfied when (1) the subordinate’s actions violated a clearly established constitutional right, and … The Second Prong: Clearly Established Law The second prong of the qualified immunity analysis “deals with fair warning; it asks whether the law was clearly established at the time of the constitutional violation.”

Michael Charles Ward v. Dennis Dyke Fred Christians Robert J. Mayer Sherry Burt, Dan Bolden Donald Houseworth Robert Brown, Jr. David Haskell, Warden

58 F.3d 271 · Court of Appeals for the Sixth Circuit · Jun 29, 1995

Defendants contend that Ward has failed to allege the violation of a clearly established right. … Therefore, defendants are entitled to qualified immunity. 4 IV. For the reasons set forth above, we REVERSE the district court’s denial of qualified immunity. 1 .

Kopec v. Tate

230 F. Supp. 2d 619 · District Court, E.D. Pennsylvania · Oct 21, 2002

Defendant asserts a defense of qualified immunity. … must be “clearly established.”

Mario Garcia v. County of Riverside

817 F.3d 635 · Court of Appeals for the Ninth Circuit · Feb 3, 2016

Amendment were clearly established. … asserts was “clearly established” at the time of the alleged misconduct.

Hare v. City of Corinth, Miss.

949 F. Supp. 456 · District Court, N.D. Mississippi · Nov 22, 1996

The first step in the inquiry of the defendants’ claim of qualified immunity is whether the plaintiff has alleged the violation of a clearly established right. Siegert v. … Dec. 16, 1994). 1) Was the law clearly established?

WV Division of Corrections, Scott Patterson and Jason Walton v. P.R.

West Virginia Supreme Court · Nov 22, 2019

The parties disagree about whether Policy Directive 332.02 constitutes a “clearly established law” for purposes of defeating qualified immunity. … whether or not a right is clearly established, has resulted in the “conver[sion of] qualified immunity to near absolute immunity,” Rebalancing Harlow: A New Approach to Qualified Immunity in the Fourth Amendment, 68 Chase

Albright v. Rodriguez

51 F.3d 1531 · Court of Appeals for the Tenth Circuit · Apr 7, 1995

Defendant contends he was entitled to summary judgment based on qualified immunity because Plaintiff failed to show he violated clearly established law. … Further, a defendant is entitled to qualified immunity if the plaintiff fails to show that the law was clearly established. See, e.g., Pallottino v.

Finch v. Rapp

38 F.4th 1234 · Court of Appeals for the Tenth Circuit · Jul 5, 2022

Clearly Established Having found a constitutional violation, the district court correctly denied qualified immunity because Rapp’s action violated clearly established law. … The court affirmed the denial of qualified immunity. In Walker v.

Guilford v. Frost

269 F. Supp. 3d 816 · District Court, W.D. Michigan · Aug 18, 2017

At a minimum, Sergeant Frost is entitled to qualified immunity because the law was not clearly established at the time of the stop. … Young, 780 F.3d 998, 1010 (10th Cir. 2015) (“reciting the overarching requirement of probable cause does not pass muster in a qualified-immunity clearly-established-law assessment”).

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.

Crehan v. Davis

713 F. Supp. 2d 688 · District Court, W.D. Michigan · May 18, 2010

“Ordinarily, a Supreme Court or Sixth Circuit [Court of Appeals] decision on point is necessary” to clearly establish the right in the relevant context and defeat qualified immunity. See Reynolds v. … With no clearly established law in place .... ”)). 10 *697 This means that Crehan cannot defeat Officer Davis’s qualified-immunity defense w+nt “clearly establishing” her general Fourth Amendment right to be free from excessive

Roe v. Fryer

District Court, M.D. Florida · Oct 25, 2024

that they violated a clearly established constitutional right. … the qualified immunity privilege, even in the absence of case law.

Wilson v. Kittoe

229 F. Supp. 2d 520 · District Court, W.D. Virginia · Nov 7, 2002

Clearly Established The Fourth Amendment right to be free from arrest in the absence of probable cause is clearly established. See Henderson, 223 F.3d at 273 . … But, “if the test of ‘clearly established law' were to be applied at this level of generality, ... plaintiffs would be able to convert the rule of qualified immunity ... into a rule of virtually unqualified liability.”