Case law

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.

Van Lee Brewer v. Jason Simental

Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010

Those governmental officials 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 known.” Id. … Therefore, the defendants were entitled to claim qualified immunity. See Kipps, 197 F.3d at 768.

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.

Schatz Schatz Family v. Gierer

346 F.3d 1157 · Court of Appeals for the Eighth Circuit · Oct 16, 2003

Where jurisdiction is appropriate, the scope of appeal is limited to the narrow issue of whether plaintiffs have alleged a violation of "clearly established" law. See Johnson v. … Jones, 515 U.S. 304, 313 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995). 4 The district court announced the proper standard for addressing qualified immunity at the Rule 12(b)(6) stage — whether immunity is established on the

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.

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

Richardson v. Quitman County

912 F. Supp. 2d 1354 · District Court, M.D. Georgia · Dec 17, 2012

Accordingly, Plaintiffs have failed to establish that Mason violated clearly established law, and Mason is entitled to qualified immunity for conducting the stop. 14 ii. … establish law in this Circuit for purposes of evaluating qualified immunity.

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

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.

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.

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.

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.

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.

Papin v. Univ. of Miss. Med. Ctr.

347 F. Supp. 3d 274 · District Court, S.D. Mississippi · Sep 28, 2018

Government officials invoke qualified immunity to shield themselves "from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … right was clearly established at the time of the defendant's alleged misconduct." 12 "For a right to be clearly established under the second step of the qualified immunity analysis, the contours of that right must be sufficiently

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.

Maxwell v. MAYOR & ALDER. OF SAVANNAH

226 Ga. App. 705 · Court of Appeals of Georgia · Jun 5, 1997

Despite this finding, however, we conclude that Gellatly was immune from the § 1983 claim in this case. Gellatly’s qualified immunity defense is governed by federal law. Forney v. Purvis, 190 Ga. … For the law to be *708 clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable

Dehorty v. New Castle County Council

560 F. Supp. 889 · District Court, D. Delaware · Apr 14, 1983

immunity defense in a section 1983 action. *891 Defendants argue that the plaintiff bears the burden of proof on the defense of qualified immunity. … The defendants, therefore, bear the burden of establishing by a preponderance of the evidence the qualified immunity defense set forth in Harlow v. Fitzgerald, 102 S.Ct. at 2738 .