Case law

Mark Campbell v. Cheatham County Sheriff's Dep't

47 F.4th 468 · Court of Appeals for the Sixth Circuit · Aug 29, 2022

Therefore, we turn to whether the right was clearly established. 3 An officer is not entitled to qualified immunity if he violates a constitutional right … “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.”

Linda Sexton v. Thomas Cernuto

18 F.4th 177 · Court of Appeals for the Sixth Circuit · Nov 8, 2021

Qualified immunity “shields government officials from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of 2 The district … The qualified immunity analysis has two parts.

Charles Waters v. B. Madson

921 F.3d 725 · Court of Appeals for the Eighth Circuit · Apr 11, 2019

To overcome qualified immunity, a plaintiff must allege (1) a violation of his statutory or constitutional rights, and (2) that “the right at issue was ‘clearly established’ at the time of [the] defendant’s alleged misconduct … De La Rosa, 852 F.3d at 745-46 (examining arguable reasonable suspicion under the “clearly established” prong of qualified immunity).

Estate of Lopez v. Gelhaus

149 F. Supp. 3d 1154 · District Court, N.D. California · Jan 20, 2016

The defense of qualified immunity protects “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Based on the review of the cases above, the court finds *1165 that it was clearly established, and thus, qualified immunity does not shield Gelhaus from liability.

Omar Paez v. Claudia Mulvey

915 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Feb 8, 2019

The arresting officer would be entitled to qualified immunity unless the plaintiff establishes that “(1) [she] violated a federal statutory or constitutional right, and (2) the unlawfulness of [her] conduct was ‘clearly … Since there was no Fourth Amendment violation, much less a clearly established Fourth Amendment violation, Breeden and Sullivan are entitled to qualified immunity as well.

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

Mumford v. Zieba

788 F. Supp. 987 · District Court, N.D. Ohio · Mar 31, 1992

Finally, Judge Zieba argues that he is entitled to qualified immunity from Mumford’s damages claims because the law did not clearly establish whether Mumford could be discharged based on his political affiliations. … QUALIFIED IMMUNITY In his motion for summary judgment, Judge Zieba contends that he is entitled to qualified immunity from Mumford’s claim for damages because the law did not clearly establish whether Mumford could be terminated

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

Guan v. City of New York

37 F.4th 797 · Court of Appeals for the Second Circuit · Jun 17, 2022

Qualified Immunity Even where actual probable cause does not exist, police officers may be entitled to qualified immunity from a § 1983 false arrest claim if their actions did not violate "clearly established … Accordingly, we hold that Boyle and Larasaavedra are protected by qualified immunity because it was not clearly established when they arrested Guan in 2017 that they had to have probable cause to arrest her for an emergency

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.”

Ross v. Early

899 F. Supp. 2d 415 · District Court, D. Maryland · Sep 25, 2012

Thus, if the right was not clearly established, for example, Officer Early would be entitled to qualified immunity without an assessment of the first prong. … Determination of a violation of constitutional rights is no longer a predicate for assessing qualified immunity; a court may first address whether the right allegedly violated was clearly established at the time of the violation

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.

Moran v. Washington

147 F.3d 839 · Court of Appeals for the Ninth Circuit · Jun 2, 1998

established” to defeat Senn’s assertion of qualified immunity. … established to defeat qualified immunity. .

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).

Goodman v. Town of Golden Beach

988 F. Supp. 1450 · District Court, S.D. Florida · Oct 8, 1997

of that clearly-established law. … Goodman was unnecessary and excessive, the officers are entitled to qualified immunity unless it was clearly established that the amount of force used was unlawful.

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.