Case law

Wheeler v. Marengo

District Court, S.D. California · Nov 13, 2019

Appx. 647, 649 (9th Cir. 2007) (“The law in this circuit 6 is clearly established that ‘a prison official acts with deliberate indifference when he 7 ignores the instructions of the prisoner’s treating physician … Defendants’ Entitlement to Qualified Immunity 8 The Supreme Court has set forth a two-part analysis for resolving government 9 officials’ qualified immunity claims. See Saucier v.

Tosun Fitil v. Justyn Riley

Court of Appeals for the Eighth Circuit · Aug 31, 2026

What we can review is the denial of qualified immunity on Fitil’s Fourth Amendment claim. … Even though the plaintiff “was shot in the knee with a rubber bullet” from “less than 10 feet away,” we granted qualified immunity because it was not clearly established “as of April 2021 that officers effect a seizure when

Jones v. Department of Health

140 Wash. App. 476 · Court of Appeals of Washington · Jun 4, 2007

of a clearly established constitutional right. … asserts qualified immunity, the plaintiff must establish that the defendant violated a clearly established constitutional right in order to survive summary judgment. 23 Jones claims the individual defendants violated his

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

Peoples v. Fischer

898 F. Supp. 2d 618 · District Court, S.D. New York · Jun 26, 2012

Qualified Immunity Agency officials performing discretionary functions are generally granted qualified immunity and are immune from suit provided that “ ‘their conduct does not violate clearly established statutory or constitutional … claim. 44 To *625 succeed on their claim for qualified immunity, Bezio and Rock must show that from the “face of the complaint they did not violate a clearly established right of which they should have known.” 45 Defendants

Dennis Lee Campbell v. Paul Burt, and John Doe (3), Police Officers

141 F.3d 927 · Court of Appeals for the Ninth Circuit · Apr 6, 1998

The primary issue before us is whether, for purposes of qualified immunity, the seven-day delay before filing the petition and obtaining post-deprivation judicial review violated Campbell’s clearly established procedural … However, “[a]n official is entitled to qualified immunity if the right which he allegedly violated is not ‘clearly established.’ ” Campbell, 949 F.Supp. at 1468 (quoting Anderson v.

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.

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.

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.

Brandon Raub v. Michael Campbell

785 F.3d 876 · Court of Appeals for the Fourth Circuit · Apr 29, 2015

(2) whether that right was clearly established at the time of the alleged violation. … [Campbell’s] action, assessed in light of the legal rules that were clearly established at the time it was taken.”

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.

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

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.

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

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.

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.

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.

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.

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.