Case law

Danese v. Asman

875 F.2d 1239 · Court of Appeals for the Sixth Circuit · May 26, 1989

The defendants contend that they should be dismissed as individual defendants on the grounds of qualified immunity. We hold that the defendants are entitled to qualified^, immunity and therefore, reverse. … After the amendment, the defendants moved for summary judgment on the qualified immunity issue.

Rozek v. Topolnicki

865 F.2d 1154 · Court of Appeals for the Tenth Circuit · Jan 12, 1989

The court held that defendants Reisdorff and Liddle were entitled to qualified immunity because they were working under To-polnicki’s direction, and that Rozek had not shown they had violated any clearly established constitutional … The doctrine of qualified immunity provides that government officials “generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Long v. Slaton

508 F.3d 576 · Court of Appeals for the Eleventh Circuit · Nov 16, 2007

, violated no clearly established *584 right. … Montoute is a qualified immunity decision.

Randy Cole v. Michael Hunter

802 F.3d 752 · Court of Appeals for the Fifth Circuit · Sep 25, 2015

Clearly established law Under the second prong of the qualified immunity analysis, we ask whether it was clearly established in October 2010 that using deadly force against a person in circumstances like those here … established law, and Officer Carson is entitled to qualified immunity.

Hemry v. Ross

62 F.4th 1248 · Court of Appeals for the Tenth Circuit · Mar 10, 2023

When a defendant claims qualified immunity, the plaintiff must show “(1) the defendant violated his constitutional rights; and (2) the law was clearly established at the time of the alleged violation.” Soza v. … Accordingly, the officers are entitled to qualified immunity. III.

Harrison v. Ash

539 F.3d 510 · Court of Appeals for the Sixth Circuit · Aug 28, 2008

2) whether that right was clearly established. … Thus, qualified immunity allows suits which allege the violation of a clearly established constitutional right to go forward while insulating officers against suits that are frivolous or where a reasonable officer attempting

Elyese Anderson v. Michael Waddle

Court of Appeals for the Eighth Circuit · Feb 8, 2010

Qualified Immunity: General Principles “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Qualified immunity is not only a defense to liability but also an immunity from suit. Id.

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

Smith v. Schwarzenegger

137 F. Supp. 3d 1233 · District Court, E.D. California · Oct 7, 2015

Qualified Immunity. … Accordingly, the Court skips the first step of the Saucier qualified immunity analysis. b. Defendants Did Not Violate Clearly Established Law.

Deary v. Evans

570 F. Supp. 189 · District Court, Virgin Islands · Jun 6, 1983

The Court in Saldana outlined the procedures necessary to establish the defense of qualified immunity on a motion for summary judgment. … The burden of persuasion then shifts to the plaintiff who must rebut the good faith or qualified immunity defense by showing that the defendant’s conduct violates clearly established law.

Jefferson v. Lewis

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

Qualified Immunity 1. … of qualified immunity.

Affiliated Capital Corporation, Etc. v. City of Houston, Gulf Coast Cable Television and James J. McConn

735 F.2d 1555 · Court of Appeals for the Fifth Circuit · Sep 17, 1984

Since we find that McConn is entitled to qualified immunity we need not reach the question of his absolute immunity. … The Mayor is absolved of liability only because applying the Harlow immunity standard he did not, as a matter of law, violate a clearly established law.

Luisa A. De Abadia v. Hon. Luis Izquierdo Mora

792 F.2d 1187 · Court of Appeals for the First Circuit · Jun 27, 1986

immunity, the law was not clearly established in plaintiff’s favor. … For now we merely hold, finding appellants to be at least reasonable in believing the law was not clearly established, that they are entitled to qualified immunity from suit.

Jose Doe v. Dave Goodman

691 F. App'x 272 · Court of Appeals for the Eighth Circuit · May 25, 2017

violated clearly established law). … Callahan, 555 U.S. 223, 243-44 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) (officer conducting search is entitled to qualified immunity where clearly established law does not show search violated Fourth Amendment).

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.

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

Kelley v. O'Malley

328 F. Supp. 3d 447 · District Court, W.D. Pennsylvania · Sep 13, 2018

Qualified immunity then attaches "when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Kisela v. … s clearly established constitutional rights and they are entitled to qualified immunity. 8 Plaintiffs also include in Count I claims against John Does # 1 and # 2 for excessive force.

Washington v. Buraker

322 F. Supp. 2d 692 · District Court, W.D. Virginia · Feb 2, 2004

If the answer to that threshold question is yes, the officer is may still be entitled to qualified immunity if the right was not clearly established at the time of the events at issue. Clem v. … Because discovery is not yet complete, this Court must deny Defendants’ motions for summary judgment based on qualified immunity if it concludes “(1) that the plaintiff alleged a violation of a clearly established right,

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)).

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.'"