Case law

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).

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,

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

Michael J. Daugherty & Labmd, Inc. v. Sheer

891 F.3d 386 · Court of Appeals for the D.C. Circuit · Jun 1, 2018

“Qualified immunity depends upon the answers to two questions: (1) Did the officer’s conduct violate a constitutional or statutory right? If so, (2) was that right clearly established at the time of the violation?” … The proponent of a purported right has the “burden to show that the particular right in question . . . was clearly established” for qualified-immunity purposes. Dukore v. Dist. of Columbia, 799 F.3d 1137, 1145 (D.C.

Ronald Converse v. City of Kemah, Texas, et

961 F.3d 771 · Court of Appeals for the Fifth Circuit · Jun 12, 2020

“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … Prong 2: Violation of Clearly Established Law The second part of the qualified immunity analysis requires us to determine “whether the [D]efendants’ conduct was objectively unreasonable in light of clearly established

Newton v. City of New York

738 F. Supp. 2d 397 · District Court, S.D. New York · Sep 21, 2010

.” 57 The Second Circuit has held that a right is clearly established for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right … Clearly Established Constitutional Right Having determined that Ryan was conducting a discretionary function, the ensuing issue for qualified immunity purposes is whether she violated Newton’s clearly established constitutional

Baker v. Coburn

68 F.4th 240 · Court of Appeals for the Fifth Circuit · May 17, 2023

violated clearly established law.” … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established stat- utory or constitutional rights of which a reasonable person would

Morse v. Fusto

804 F.3d 538 · Court of Appeals for the Second Circuit · Sep 11, 2015

Qualified Immunity “Qualified immunity protects public officials performing discretionary functions from personal liability in a civil suit for damages insofar as their conduct does not violate clearly established statutory … We conclude that the right in question was clearly established such that the defendants are not entitled to qualified immunity.

Regina Barton v. Chad Ledbetter

908 F.3d 1119 · Court of Appeals for the Eighth Circuit · Nov 14, 2018

or statutory right; and (2) the right was clearly established at the time of the deprivation.” … Conclusion We affirm the denial of qualified immunity as to Martin. We reverse the denial of qualified immunity as to Wright.

Carrigan v. State of Del.

957 F. Supp. 1376 · District Court, D. Delaware · Feb 18, 1997

In Anderson, the Supreme Court elaborated on the “clearly established law” prong of the qualified immunity inquiry. … However, whether these broad constitutional principles are clearly established is not the appropriate inquiry under the qualified immunity standard.

Fazaga v. Federal Bureau of Investigation

885 F. Supp. 2d 978 · District Court, C.D. California · Aug 14, 2012

The doctrine of qualified immunity was established to protect government officials “from liability for civil damages insofar as their conduct does not violate any clearly established statutory or constitutional rights of … The Agent Defendants argue that they are entitled to qualified immunity because it was not clearly established that Plaintiffs were “aggrieved persons.”

Brendle v. City of Houston, Miss.

177 F. Supp. 2d 553 · District Court, N.D. Mississippi · Jan 5, 2001

Qualified immunity shields state actors from civil liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Davis v. … in light of the clearly established law.

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.

Valentin Rodriguez v. Municipality of Barceloneta

236 F. Supp. 2d 189 · District Court, D. Puerto Rico · Sep 18, 2002

The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person … Therefore, the question no longer is whether the issue of the time clocks was a clearly established statutory or constitutional right, but becomes whether Plaintiff has sufficiently asserted a violation of one (or more) clearly

Lowden v. County of Clare

709 F. Supp. 2d 540 · District Court, E.D. Michigan · Mar 25, 2010

Qualified immunity provides “that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … The court determined that the defendant was not entitled to qualified immunity because “a reasonable officer in [the defendant’s] position would have known that Carey had a clearly established Fourth Amendment right not to

Ginger Elder v. Cindy Gillespie

54 F.4th 1055 · Court of Appeals for the Eighth Circuit · Dec 9, 2022

violations of their constitutional rights with respect to their continuing benefits claims and that those rights were clearly established.” … Government officials claiming a qualified immunity defense are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

David New v. Dale Denver

787 F.3d 895 · Court of Appeals for the Eighth Circuit · May 29, 2015

Qualified immunity shields a government official from liability unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known:” Harlow v. … In a § 1983 action alleging violation of that right, qualified immunity applies when “a reasonable officer could have believed [the] arrest to be lawful, in light of clearly established law and the information the arresting

Griffin v. Petrucci

District Court, M.D. Pennsylvania · Jul 15, 2025

Qualified immunity shields officials from liability for civil damages brought pursuant to section 1983 “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … the right was clearly established.

CLOANINGER EX REL. EST. OF CLOANINGER v. McDevitt

555 F.3d 324 · Court of Appeals for the Fourth Circuit · Feb 9, 2009

If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate. … a claim of violation of clearly established law."

Venegas v. County of Los Angeles

11 Cal. Rptr. 3d 692 · California Supreme Court · Apr 5, 2004

A rule of qualified immunity shields a public officer from an action for damages under section 1983 unless the officer has violated a “clearly established” constitutional right. (Saucier, supra, 533 U.S. at p. 201.) … The high court explained that “[i]f the law did not put the officer on notice that his- conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” (Ibid.)