Case law

Dunn v. McFeeley

127 N.M. 513 · New Mexico Court of Appeals · Apr 28, 1999

The issue on appeal with respect to § 1983 is whether the Individual Defendants were entitled to qualified immunity on the ground that their alleged misconduct had not been “clearly established” in 1994 to be contrary to … Such a person, however, is entitled to qualified immunity from suit unless at the time of the alleged misconduct it was “clearly established” that the misconduct violated federal law. See Yount v.

John Steven Thomas Olinger v. Dennis J. Larson City of Sioux of South Dakota Falls Terry Satterlee

134 F.3d 1362 · Court of Appeals for the Eighth Circuit · Mar 4, 1998

The district court dismissed Olinger’s entire action based upon a finding of qualified immunity for the arresting and supervising officers. Olinger timely appealed. We affirm. I. … The district court initially entered an order granting in part defendants’ motion for summary judgment based upon qualified immunity.

State v. W.S.B.

453 N.J. Super. 206 · New Jersey Superior Court Appellate Division · Feb 26, 2018

The defendant bears that burden of establishing the immunity by a preponderance *233 of the evidence. … "[I]t is only when the facts known to the prosecutor clearly indicate or clearly establish the appropriateness of an instruction that the duty of the prosecution arises."

Maropulos v. County of Los Angeles

560 F.3d 974 · Court of Appeals for the Ninth Circuit · Mar 24, 2009

established due process right. … established right.

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.

Goolsby v. Dist. of Columbia

317 F. Supp. 3d 582 · Court of Appeals for the D.C. Circuit · Jul 13, 2018

The Court will once more exercise its discretion to begin with the second prong of the qualified immunity test: whether any constitutional violation here was clearly established. … False Arrest Beginning with the false arrest claims, the Court will again start with the second prong of the qualified immunity analysis: whether any violation by the Dispatchers was clearly established.

Williams v. County of Sullivan

157 F.R.D. 6 · District Court, S.D. New York · Jul 26, 1994

the legal rules that were ‘clearly established’ at the time it was taken.” … Thus “until the threshold immunity question [of whether the law was clearly established at the time an action occurred] is resolved, discovery should not be allowed,” Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Francis v. Coughlin

849 F.2d 778 · Court of Appeals for the Second Circuit · Jun 20, 1988

Defendants’ memorandum of law devoted nine pages to the defense of qualified immunity, arguing that the rights which plaintiff claims were violated were not clearly established in the years 1982-83. … In its only reference to qualified immunity, the court noted in a footnote that a prisoner’s right to have notice of and to comment on charges against him was clearly established prior to 1982, such that qualified immunity

Maxey ex rel. Maxey v. Fulton

890 F.2d 279 · Court of Appeals for the Tenth Circuit · Nov 29, 1989

The Court reasoned that a denial of qualified immunity is conclusive because the court is deciding either that (1) the defendant violated clearly established law and is not entitled to immunity, or (2) that if the facts are … Mitchell itself recognizes that there will be times when discovery is proper: Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to

Francisco Carrillo, Jr. v. County of Los Angeles

798 F.3d 1210 · Court of Appeals for the Ninth Circuit · Aug 26, 2015

The officers filed a motion for judgment on the pleadings based on qualified immunity, arguing it was not clearly established in 1984 that they were bound by Brady’s disclosure requirements. … Ditsch moved for summary judgment, arguing he was entitled to qualified immunity on Carrillo’s Brady claim because it was not clearly established in 1991 that Brady 16 CARRILLO V. CTY.

David Wayne Givens v. Jimmy Jones, Terry Morris, Zak A. Ajans, M.D., Frederick Stephenson, Jr., Georgia Slater, and Denny Vasquez

900 F.2d 1229 · Court of Appeals for the Eighth Circuit · Apr 9, 1990

The standard we must apply in deciding whether the defendants are entitled to qualified immunity is well established. … Ajans on the basis of qualified immunity.

Edward Furnace v. Paul Sullivan

705 F.3d 1021 · Court of Appeals for the Ninth Circuit · Jan 17, 2013

Fitzgerald, 457 U.S. 800, 818 (1982) (qualified immunity is appropriate when “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”). … Shreve, 535 F.3d 225, 240 (4th Cir. 2008) (denying qualified immunity to a prison guard because the right to be free from excessive use of pepper spray was clearly established).

Dickerson v. Mcclellan

101 F.3d 1151 · Court of Appeals for the Sixth Circuit · Dec 9, 1996

Dickerson were objectively unreasonable in light of the clearly established law regarding the knock and announce rule and its exceptions." … because they did not violate Dickerson's clearly established constitutional right to be free from excessive force.

Doe, SORB No. 474362 v. Sex Offender Registry Board

94 Mass. App. Ct. 52 · Massachusetts Appeals Court · Sep 19, 2018

from a damages claim because the constitutional rights the defendants allegedly violated were not "clearly established." … This is because as employees of a State executive agency, Hayden and Myers are immune from suit under § 1983 unless their actions violated clearly established constitutional rights.

Alberts v. Willis

District Court, W.D. Arkansas · Dec 18, 2020

Qualified Immunity “Government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … For these reasons, qualified immunity is denied on this claim. IV.

Bodiford v. State of Ala.

854 F. Supp. 886 · District Court, M.D. Alabama · May 17, 1994

Qualified immunity is available to “government officials performing discretionary functions ... insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Therefore, the defendants conclude that a reasonable person would have believed their actions were lawful in light of the clearly established law, and, thus, they are entitled to qualified immunity.

Daniel Robbins v. City of Des Moines

984 F.3d 673 · Court of Appeals for the Eighth Circuit · Jan 5, 2021

To overcome a claim of qualified immunity, Robbins must demonstrate (1) a deprivation of a constitutional right, and (2) that the right was clearly established at the time of the deprivation. Id. … The defendant officers violated Robbins’s clearly established right to be free of unreasonable seizures of his property, see id., and are not entitled to qualified immunity. C.

Baxter v. Bracey

140 S. Ct. 1862 · Supreme Court of the United States · Jun 15, 2020

Applying our qualified immunity precedents, the Sixth Cir- cuit held that even if the officers’ conduct violated the Con- stitution, they were not liable because their conduct did not violate a clearly established right. … There likely is no basis for the objective inquiry into clearly established law that our modern cases prescribe.

Nolen v. Jackson

102 F.3d 1187 · Court of Appeals for the Eleventh Circuit · Jan 6, 1997

has failed to allege a violation of a clearly established right.... … Gilley, 500 U.S. 226, 231, 111 S.Ct. 1789, 1793, 114 L.Ed.2d 277 (1991) (holding threshold question in a qualified immunity claim is whether a violation of a clearly established constitutional right has occurred);

Farrell Ex Rel. Farrell v. Transylvania County Board of Education

175 N.C. App. 689 · Court of Appeals of North Carolina · Feb 7, 2006

“Qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Assuming arguendo that plaintiffs properly pled its claim for relief pursuant to 42 U.S.C. § 1983 , plaintiffs’ allegations, nonetheless, fail to establish any conduct by Haehnel that violated clearly established statutory