Case law

Southern California Rapid Transit District v. Superior Court

30 Cal. App. 4th 713 · California Court of Appeal · Nov 30, 1994

They dismiss defendants’ argument that the court failed to rule on their qualified immunity defense. … However, the qualified immunity under federal law upon which the defendants rely here does not apply if their actions violated a clearly established *731 statutory or constitutional right of which a reasonable person should

District of Columbia v. Jackson

810 A.2d 388 · District of Columbia Court of Appeals · Nov 14, 2002

that the officers acted beyond the reach of qualified immunity protection). … That "general proposition,” the.Supreme Court reiterated in Saucier, "is not enough” to resolve the immunity question; instead "the right the official is alleged to have violated must have been clearly established in a more

Cole v. Hunter

68 F. Supp. 3d 628 · District Court, N.D. Texas · Dec 22, 2014

Officers Hunter and Cassidy’s Motion for Summary Judgment Based Upon Qualified Immunity The doctrine of qualified immunity protects government officials sued pursuant to 42 U.S.C. §,1983 “from liability for civil damages … Factual Showing Having affirmed that Plaintiffs alleged a violation of a clearly established right, the Court turns now to the remaining inquiry in the qualified immunity anal *644 ysis.

Richard Rockwell v. City of Garland, Texas

664 F.3d 985 · Court of Appeals for the Fifth Circuit · Dec 15, 2011

The burden is on the Rockwells to rebut the officers’ qualified-immunity defense “by establishing a genuine fact issue as to whether the [officers’] allegedly wrongful conduct violated clearly established law.” Id. … Smith, 117 F.3d 866, 871 (5th Cir.1997) ("[Wjhere the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a

Roger Lee v. William Driscoll

871 F.3d 581 · Court of Appeals for the Eighth Circuit · Sep 7, 2017

“We review de novo the district court’s denial of qualified immunity.” Id. at 813 . … a constitutional right’; and (2) whether the asserted constitutional right is clearly established.”

Summerville v. City of Forest Park

195 Ohio App. 3d 13 · Ohio Court of Appeals · Jul 15, 2011

Qualified Immunity {¶17} Qualified immunity shields a government official from civil liability unless (1) the official violated a statutory or constitutional right and (2) that right was “clearly established” at … Moreover, she failed to demonstrate that they were not entitled to qualified immunity. {¶34} Therefore, we hold that Pape and Hall are entitled to qualified immunity on Summerville’s Section 1983 claims against them

Patrick Neal Nerren v. Livingston Police Department Billy Ray Nelson, Sheriff and Bob Key, and Matthew Parrish, and Robert Alston

86 F.3d 469 · Court of Appeals for the Fifth Circuit · Jul 2, 1996

They contend that the district court erred in denying their motion for summary judgment based on qualified immunity. As Nerren has stated a claim under clearly established law, we affirm. … immunity: Under currently applicable law, Nerren has alleged a violation of a clearly established right. *474 2.

Sandoval v. County of Sonoma

72 F. Supp. 3d 997 · District Court, N.D. California · Oct 29, 2014

“[C]ourts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law....” Reichle v. Howards, — U.S. —, 132 S.Ct. 2088, 2093 , 182 L.Ed.2d 985 (2012). … A Court may grant “qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law....” Reichle v.

Eunice Winzer v. Kaufman County

916 F.3d 464 · Court of Appeals for the Fifth Circuit · Feb 18, 2019

alleged show the officer’s conduct violated a constitutional right;’ and second, ‘whether the right was clearly established.’” … The majority has correctly concluded that Officer Hinds is entitled to qualified immunity due to the lack of clearly established law.

Green v. Tudor

685 F. Supp. 2d 678 · District Court, W.D. Michigan · Jan 29, 2010

The second prong of the qualified immunity inquiry is whether the right was “clearly established at the time of the defendant’s alleged misconduct.” Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . … Williams, 320 Fed.Appx. 678, 679 (9th Cir.2009) (defendants were entitled to qualified immunity on prisoner’s RLUIPA and Free Exercise Clause Claims because he did not have a clearly established right to halal meals); see

Gallimore ex rel. W.S.G. v. Henrico County School Board

38 F. Supp. 3d 721 · District Court, E.D. Virginia · Aug 5, 2014

“A school official searching a student is ‘entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.’ ” Id. at 377 , 129 S.Ct. 2633 (quoting Pearson v. … “[W]here no reasonable officer could believe he was acting in accordance with [a clearly established constitutional right], qualified immunity will not attach.” Pinder v. Johnson, 54 F.3d 1169, 1173 (4th Cir.1995).

John Kelly, Jr. v. Steven Curtis Julie M. Gibson J.R. Moore Chatham County, Ga

21 F.3d 1544 · Court of Appeals for the Eleventh Circuit · Jun 8, 1994

Qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a “clearly established [federal] statutory or constitutional right[ … By distinguishing these two out-of-circuit decisions that Kelly has cited, we do not mean to imply that the law can be clearly established for qualified immunity purposes by non-binding precedent. See Hansen v.

John W. Burgess Linda M. Burgess, Husband and Wife v. Pierce County, a Municipal Corporation Joseph Stortini Jane "Doe" Stortini, Husband and Wife

918 F.2d 104 · Court of Appeals for the Ninth Circuit · Nov 2, 1990

The scope of our review is detailed in Mitchell : Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement … “[S]tate and local officials are entitled to qualified immunity if ‘their conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Manhattan Beach

Fox v. Government of the District of Columbia

794 F.3d 25 · Court of Appeals for the D.C. Circuit · Jul 17, 2015

Officer Boyd moved for judgment on the pleadings for Count 1, arguing that he is protected by qualified immunity. The district court explained, to overcome Officer Boyd’s claim to qualified immunity, Mrs. … The doctrine of qualified immunity protects police officers “from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at the time of the challenged conduct

Sherika Franklin v. Jason Popovich

111 F.4th 1188 · Court of Appeals for the Eleventh Circuit · Aug 6, 2024

Thus, the court concluded, Franklin had not shown that Popovich violated clearly established law, and Popovich was entitled to qualified immunity. Franklin appealed. … concluded” that “the circumstances justified the use of deadly violation as well as the clearly established prong of the qualified immunity analysis. Id. at 1009–13.

AHE Realty Assoc., LLC v. Miami-Dade Cnty.

320 F. Supp. 3d 1322 · District Court, S.D. Florida · Jun 29, 2018

Qualified Immunity Naranjo also states he is entitled to qualified immunity. … A defendant pleading qualified immunity is entitled to dismissal "unless the plaintiff's allegations state a claim of violation of clearly established law." Cottone v. Jenne , 326 F.3d 1352 , 1357 (11th Cir. 2003).

Zaragoza v. Board of Johnson County Comm'rs

Supreme Court of Kansas · Jun 27, 2025

Second, she claims that even if the library itself is a qualifying property, the immunity exception does not apply to the parking lot because granting immunity to areas "integral" to the function of a qualifying property … For example, the public library's StoryWalk would qualify for recreational use immunity if it was hosted outdoors but would not qualify for immunity if it was hosted indoors.

Soares v. Connecticut

8 F.3d 917 · Court of Appeals for the Second Circuit · Nov 2, 1993

Accordingly, Konow is entitled to summary judgment on the basis of qualified immunity. II. … can show that the rights plaintiff claims to have been violated were not “clearly established.”

Marvin v. City of Taylor

509 F.3d 234 · Court of Appeals for the Sixth Circuit · Dec 4, 2007

In other words, qualified immunity need only be granted if there is a violation of a constitutional right, but that right was not clearly established at the time the official violated it. … If, and only if, the force used was objectively unreasonable should the Court consider qualified immunity and address the second question: whether the right violated was clearly established. B.

Barnett v. Karpinos

119 N.C. App. 719 · Court of Appeals of North Carolina · Aug 15, 1995

In reviewing this argument, we apply the following standard: “The test of qualified immunity for police officers sued under [section 1983] is whether [the officers’ conduct violated] clearly established statutory or constitutional … In ruling on the defense of qualified immunity we must: (1) identify the specific right allegedly violated; (2) determine whether the right allegedly violated was clearly established at the time of the violation; and (3)