Case law

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

Jefferson v. Lewis

594 F.3d 454 · Court of Appeals for the Sixth Circuit · Feb 4, 2010

Qualified Immunity 1. … of qualified immunity.

Romero v. Kitsap County

931 F.2d 624 · Court of Appeals for the Ninth Circuit · May 1, 1991

However, when qualified immunity is at stake, a court must first determine whether the law has been clearly established. Tribble, 860 F.2d at 324 . … By extension, the qualified immunity defense extends to conduct that does not violate clearly established statutory, constitutional, or treaty-based rights 6 The Fourth Circuit observes: Often trial can yet be avoided if

Dunfee v. Finchum

132 F. Supp. 3d 968 · District Court, E.D. Tennessee · Sep 21, 2015

Qualified Immunity Officers Finchum and Cowan assert they are entitled to qualified immunity [Docs. 21, 30]. … Thus, plaintiff fails ■to meet the clearly established prong to defeat qualified immunity.

Lee v. Tucker

904 F.3d 1145 · Court of Appeals for the Tenth Circuit · Sep 24, 2018

Defendants moved for summary judgment on the basis of qualified immunity. … clearly established at the time of the conduct at issue" (quotation and alteration omitted)).

Wallett v. Anderson

198 F.R.D. 20 · District Court, D. Connecticut · Dec 1, 2000

Qualified Immunity Delaney next asserts that she is immune from suit by the doctrine of qualified immunity. … It is beyond cavil that qualified immunity shields a defendant “from liability for civil damages insofar as [her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Richmond v. City of Brooklyn Center

490 F.3d 1002 · Court of Appeals for the Eighth Circuit · Jun 21, 2007

Therefore, we proceed directly to the second prong of the qualified immunity analysis, which asks whether the asserted constitutional right was clearly established. … that a right is clearly established.'"

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.”

Miguel Reynaga Hernandez v. Derrek Skinner

969 F.3d 930 · Court of Appeals for the Ninth Circuit · Aug 10, 2020

Holder, 673 F.3d 1029, 1036 (9th Cir. 2011)), the court held that Reynaga’s Fourth Amendment rights were clearly established at the time of the alleged offense, and denied both Hernandez and Skinner qualified immunity, id … The second prong in the qualified-immunity analysis is whether the constitutional right in question was clearly established at the time of the alleged violation. Saucier v. Katz, 533 U.S. 194, 201 (1994).

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

Patricia Mueller, Paul Mueller v. Douglas Tinkham and Michael Hanlen

162 F.3d 999 · Court of Appeals for the Eighth Circuit · Dec 16, 1998

his actions violated a clearly established right. … Qualified immunity protects “state actors from personal liability where their actions, though unlawful, are nevertheless objectively reasonable in light of the clearly established law.” Rogers, 133 F.3d at 1119.

Bailey v. Iles

87 F.4th 275 · Court of Appeals for the Fifth Circuit · Nov 21, 2023

However, “[a] qualified immunity defense alters the usual summary judgment burden of proof” because the plaintiff, to overcome qualified immunity, “must rebut the defense by establishing a genuine [dispute of material … An officer is entitled to qualified immunity “if there is no violation, or if the conduct did not violate law clearly established at the time.” Id.

William C. Powell v. Thomas J. Mikulecky, George Oates, Ruth Stephens and Wendall Gilliam

891 F.2d 1454 · Court of Appeals for the Tenth Circuit · Dec 15, 1989

The test for qualified immunity is whether defendants violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Once a defendant raises the defense of qualified immunity as a defense to an action, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.”

Nita Gordon v. Keith Bierenga

20 F.4th 1077 · Court of Appeals for the Sixth Circuit · Dec 14, 2021

Under the familiar test for qualified immunity, a public official is immune from suit unless the plaintiff establishes: (1) a constitutional violation; and (2) that the right at issue was “clearly established” when the event … Even when a defendant violates a plaintiff’s constitutional rights, the defendant is entitled to qualified immunity unless the right at issue was “clearly established[.]” Id. (citing Pearson, 555 U.S. at 232).

T.R. v. Lamar County Board of Education, The

25 F.4th 877 · Court of Appeals for the Eleventh Circuit · Feb 4, 2022

“A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistin- guishable facts clearly establishing the constitutional right; (2) a broad statement of principle within … Since the Defendants’ actions violated a clearly established constitutional right, we conclude that the Defendants are not enti- tled to qualified immunity.

Samuel L. Pfannstiel v. City of Marion, Doyle Elliot and James A. Pearce, Mike Earl, Harvey Faulkner and Waldon Boecker, Etc.

918 F.2d 1178 · Court of Appeals for the Fifth Circuit · Dec 12, 1990

When a defendant raises a qualified immunity defense, “whether the conduct of which the plaintiff complains violated clearly established law” is an “essentially legal question.” … Unit A Jan.1981) was clearly established law.

Reed v. Taylor

923 F.3d 411 · Court of Appeals for the Fifth Circuit · May 2, 2019

The district court granted summary judgment to the officials based on qualified immunity, holding that the threat of criminal prosecution wasn't "other legal process" under clearly established law. Reed appealed. … "The doctrine of qualified immunity shields officials from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'

Sullivan v. Sumrall by Ritchey

618 So. 2d 1274 · Mississippi Supreme Court · May 13, 1993

Bobbie Sullivan raised the defense of qualified immunity and/or absolute immunity pursuant to Miss. Code Ann. § 41-13-11 , et seq. (Supp. 1991). … . § 41-13-11 (Supp. 1991), which provides immunity for community hospitals established pursuant to Miss. Code Ann. § 41-13-15 (Supp. 1991).

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.

Better Government Bureau, Inc. v. McGraw

904 F. Supp. 540 · District Court, S.D. West Virginia · Oct 16, 1995

This is so because there is no requirement that the ‘exact right allegedly violated’ be previously ‘specifically recognized by a court’ in order for it [to] be held ‘ “clearly established” for qualified immunity purposes. … established” for qualified immunity purposes, but is also perhaps one of the more well-settled principles of constitutional jurisprudence.