Case law

Felder v. Allen

29 So. 3d 897 · Court of Civil Appeals of Alabama · Aug 14, 2009

and/or qualified immunity. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the defendants were not entitled to qualified immunity because the conduct of the defendants “violate[d] clearly established statutory or constitutional

Bean v. City of Buffalo

822 F. Supp. 1016 · District Court, W.D. New York · May 28, 1993

These defendants argued that, given their version of the facts, plaintiffs decedent had no clearly established constitutional right to be protected from the force that was used against her, and that they had an objectively … Furthermore, such an argument would fly in the face of the clearly established principle that police officers are not entitled to qualified immunity for shootings of unarmed individuals who pose no substantial threat of death

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

Thoma v. Hickel

947 P.2d 816 · Alaska Supreme Court · Aug 15, 1997

Qualified immunity under federal law protects officials except where it is “clearly established” as of the time of the acts complained of that the acts violated the plaintiffs rights. … If the plaintiffs allegations fail to establish a constitutional claim, the defendant is entitled to dismissal on the basis of qualified immunity, or, of course, under Federal Rule of Civil Procedure 12(b)(6).

C.B. v. Sonora School District

691 F. Supp. 2d 1170 · District Court, E.D. California · Mar 8, 2010

Qualified Immunity. Defendants move to dismiss the Eighth Cause' of Action on the ground that the individual defendants are entitled to qualified immunity from liability for damages under Section 1983. … Qualified immunity serves to shield 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

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.

Richard Frenchman v. Herbert Saloum

236 F. App'x 235 · Court of Appeals for the Eighth Circuit · May 31, 2007

The district court based its summary judgment decision on qualified immunity. Upon de novo review, we affirm. See K.D. v. … Katz, 533 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”); Logan v.

Eleanor Keller v. Attala County

930 F.3d 746 · Court of Appeals for the Fifth Circuit · Jul 23, 2019

To overcome qualified immunity, the plaintiff must show that (1) there was a violation of a constitutional right; and (2) the right at issue was “clearly established” at the time of the defendant’s conduct. … Plaintiffs have not demonstrated a clearly established substantive due process right on the facts they allege.

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.”

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

Wesby v. District of Columbia

841 F. Supp. 2d 20 · District Court, District of Columbia · Jan 18, 2012

When determining whether a given constitutional right was “clearly established” for the purposes of establishing qualified immunity, “we look to cases from the Supreme Court and [the United States Court of Appeals … However, “[i]f the law was clearly established, the [qualified] immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.”

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.

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.”

Rosalina Calonge v. City of San Jose

104 F.4th 39 · Court of Appeals for the Ninth Circuit · Jun 7, 2024

We also conclude that the relevant law was clearly established at the time, so Officer Carboni is not entitled to qualified immunity. … CITY OF SAN JOSE immunity at the summary judgment stage because there were genuine disputes of material fact. She also argued that qualified immunity was inappropriate because the relevant law was clearly established.

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 .

Melissa Knibbs v. Anthony Momphard, Jr.

30 F.4th 200 · Court of Appeals for the Fourth Circuit · Mar 30, 2022

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry, 652 F.3d at 531. … Deputy Momphard would still be entitled to qualified immunity if he could show that the constitutional right he violated was not “‘clearly established’ at the time of [his] alleged misconduct.”

Elizabeth Roque-Rodriguez v. Hon. Jose Lema Moya

926 F.2d 103 · Court of Appeals for the First Circuit · Feb 27, 1991

This is clearly an error of law, since for purposes of the doctrine of qualified immunity, th[e] court had to determine whether on [sic] 1985, plaintiff had a clearly established right under the First Amendment to be promoted … and that the failure to promote her violated this clearly established right.