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.”

Hurd v. Fredenburgh

984 F.3d 1075 · Court of Appeals for the Second Circuit · Jan 12, 2021

But because neither of these rights was clearly established before today, Fredenburgh is entitled to qualified immunity for any responsibility she may have had for Hurd’s prolonged detention. … Clearly Established Law “Government actors are entitled to qualified immunity insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Nance v. Sammis

586 F.3d 604 · Court of Appeals for the Eighth Circuit · Nov 10, 2009

Qualified immunity protects government officials from liability under § 1983 when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Oct.6, 2009) (finding case law clearly established on this constitutional right as of July 2006).

Simon v. City of N.Y.

893 F.3d 83 · Court of Appeals for the Second Circuit · Jun 21, 2018

Qualified Immunity State executive officials "are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established … Qualified Immunity for the Seizure and Detention on August 12, 2008 Finally, we consider whether defendants' conduct on August 12 violated the Fourth Amendment and whether any violation was clearly established as of August

Tofano v. Reidel

61 F. Supp. 2d 289 · District Court, D. New Jersey · Aug 11, 1999

To this effect, government officials, performing discretionary functions, are afforded qualified immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Having found the conduct of the officers to be objectively reasonable, plaintiff has not alleged a violation of a clearly established constitutional right and the officers are entitled to qualified immunity. Cf.

DeShawn Anderson-Santos v. Kent County, Mich.

94 F.4th 550 · Court of Appeals for the Sixth Circuit · Feb 29, 2024

Page 7 clearly-established constitutional violation based on his version of the facts, fails to present us with a legal issue and relegates his claim to a factual dispute over which we cannot exercise jurisdiction. … of clearly established law.”

Mumford v. Zieba

788 F. Supp. 987 · District Court, N.D. Ohio · Mar 31, 1992

Finally, Judge Zieba argues that he is entitled to qualified immunity from Mumford’s damages claims because the law did not clearly establish whether Mumford could be discharged based on his political affiliations. … QUALIFIED IMMUNITY In his motion for summary judgment, Judge Zieba contends that he is entitled to qualified immunity from Mumford’s claim for damages because the law did not clearly establish whether Mumford could be terminated

Perry v. Woodruff County Sheriff Department ex rel. Barker

858 F.3d 1141 · Court of Appeals for the Eighth Circuit · Jun 5, 2017

Qualified immunity protects law enforcement officers from liability for civil damages so long as their'conduct does not violate clearly established constitutional or statutory rights of which a reasonable person would have … Accordingly, Pennycook does not control this case, and we conclude that Perry’s Fourth Amendment right to be free from excessive force was clearly established in August 2009 such that Wolfe was not entitled to qualified immunity

State of West Virginia ex rel. Gabriel Devono and The Board of Education of Randloph County v. The Honorable David H. Wilmoth, Judge of the Circuit Court of Randolph Coutny, Sherman Arbogast, and Marlene Arbogast

West Virginia Supreme Court · Jun 15, 2023

Devono now assert the defense of qualified immunity? … Hall, 828 F.3d 298, 303 (4th Cir. 2016) (“Qualified immunity shields government officials from personal liability when their conduct does not violate clearly established rights of which a reasonable person would have known

Robert Sean Reed v. Campbell Cnty., Ky.

80 F.4th 734 · Court of Appeals for the Sixth Circuit · Aug 30, 2023

Clearly Established Inquiry To satisfy the second prong of the qualified-immunity analysis, the officers’ unconstitutional conduct must violate clearly established law. Williams, 9 F.4th at 437. … Page 21 First, cases where we have found qualified immunity cannot clearly establish a constitutional violation by negative inference.

Karkut v. Target Corp.

453 F. Supp. 2d 874 · District Court, E.D. Pennsylvania · Sep 28, 2006

Qualified Immunity i. … If a court concludes that an officer’s conduct did violate a clearly established constitutional right, then it must deny him the protection afforded by qualified immunity.” Id.

McLaine v. Lackawanna County

30 F. Supp. 3d 316 · District Court, M.D. Pennsylvania · Jul 3, 2014

Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct_ [C]ourts may … grant qualified immunity on the ground that a purported right was not clearly established by prior case law, without resolving the often more difficult question whether the purported right exists at all....

Church v. Anderson

249 F. Supp. 3d 963 · District Court, N.D. Iowa · Apr 17, 2017

Qualified Immunity 1. Standards for qualified immunity Defendants also seek summary judgment on Church’s claims on the basis of qualified immunity. … Id. at 243-45 , 129 S.Ct. 808 ; accord Bishop, 723 F.3d at 961-62 (starting and ending its analysis of qualified immunity with the second prong of the analysis, the “clearly established right” determination); Hess v.

Murray v. Poani

980 N.E.2d 1275 · Appellate Court of Illinois · Dec 14, 2012

Qualified Immunity ¶ 33 Defendants contend if we conclude the trial court erred in determining no issue of material fact exists, we should hold plaintiffs’ claims are barred by qualified immunity. ¶ 34 … the constitutional right was clearly established.

William Evans, Jr. v. Brian Krook

106 F.4th 790 · Court of Appeals for the Eighth Circuit · Jul 3, 2024

Krook moved for summary judgment based on qualified immunity. … In this interlocutory appeal, Krook challenges the order denying qualified immunity.

Rodriquez v. Furtado

771 F. Supp. 1245 · District Court, D. Massachusetts · Feb 11, 1991

The Court of Appeals for the First Circuit has recently interpreted these holdings to establish a two-part objective test for qualified immunity claims: First, if the right asserted by the plaintiff was “clearly established … Therefore, Detective Furtado is entitled to qualified immunity because a reasonable person in his position would not have known he was violating any clearly established constitutional rights of plaintiff. 2.

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.”

Pauly Ex Rel. Estate of Pauly v. White

814 F.3d 1060 · Court of Appeals for the Tenth Circuit · Feb 9, 2016

They all argued they were entitled to qualified immunity because plaintiff estate could not show Samuel’s claimed Fourth Amendment rights were clearly established or violated, and in any event their actions were objectively … “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

Halcomb v. Washington Metropolitan Area Transit Authority

526 F. Supp. 2d 20 · District Court, District of Columbia · Nov 14, 2007

If so, the Court then must inquire whether the right allegedly violated was “clearly established” — that is, whether “ ‘the contours of the right [were] sufficiently clear that [an objectively] reasonable officer would understand … violated established law.

Butler v. Dowling

750 So. 2d 674 · District Court of Appeal of Florida · Dec 22, 1999

There, the court held that the failure to loosen tight handcuffs did not rise to the level of a clearly established constitutional violation. … Dowling's version of the facts, if proven, would overcome the defense of qualified immunity. See Redo v. Sylvestri, 690 So.2d 731 (Fla. 4th DCA 1997).