Case law

Morrison v. Board of Trustees of Green Tp.

583 F.3d 394 · Court of Appeals for the Sixth Circuit · Oct 8, 2009

This right was “clearly established” for qualified immunity purposes at the time of Amanda’s seizure on October 30, 2002. See id. at 641 . … Violation of Clearly Established Right Officer Celender finally argues that he is entitled to qualified immunity, even if he *408 violated Amanda’s constitutional rights, because it was not clearly established at the time

Garcia v. Dutchess County

43 F. Supp. 3d 281 · District Court, S.D. New York · Aug 21, 2014

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” See id. at 1866 . … to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.”

Mark Nieters v. Brandon Holtan

83 F.4th 1099 · Court of Appeals for the Eighth Circuit · Oct 11, 2023

; and (2) whether the right was clearly established at the time.” … As the court recognizes, even if a police officer violates a federal right, he is still entitled to qualified immunity unless the unlawfulness of his conduct was clearly established. District of Columbia v.

Creech Poole v. City of Shreveport

79 F.4th 455 · Court of Appeals for the Fifth Circuit · Aug 17, 2023

A panel of this court affirmed the district court’s denial of summary judgment as to qualified immunity, concluding “that there was a violation of clearly established law if the jury resolves the factual disputes … “Qualified immunity shields officers from liability unless their conduct violates a clearly established federal right of which a reasonable person would have known.” Id. at 423 (citing Kisela v. Hughes, 138 S.

DeAngelo Thomas-El v. Nicole Francis

99 F.4th 1115 · Court of Appeals for the Eighth Circuit · Apr 23, 2024

Francis and Lee appeal the district court’s denial of qualified immunity. … Finally, we consider whether the law clearly established an inmate’s right to hygiene supplies during the timeframe alleged in the complaint.

Moore v. Hayman

67 Ohio App. 3d 184 · Ohio Court of Appeals · Mar 30, 1990

principle purposes for the adoption of the qualified immunity standard as articulated in Harlow, supra. … Due to the fact that no clearly established constitutionalrightwas violated, therefore shielding the appellees with qualified immunity, appellants' issues two (2), three (3) and four (4) become irrelevant.

Delph v. Trent

86 F. Supp. 2d 572 · District Court, E.D. Virginia · Feb 8, 2000

The doctrine of good faith qualified immunity shields government employees performing discretionary functions from civil liability unless their conduct violates “clearly established statutory or constitutional rights of which … The basic question for a court adjudicating a defense of qualified immunity, however, is whether official would have reasonably known his conduct violated clearly established law.

Darlene M. Kesinger v. Thomas Herrington

381 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Aug 26, 2004

Excessive Force & Qualified Immunity The affirmative defense of qualified immunity protects public actors from liability unless their conduct violates “clearly established statutory or constitutional rights of which … He did not violate the Constitution or any clearly established law. He is entitled to qualified immunity. V.

Douglas Stalley v. Lake CI Warden

Court of Appeals for the Eleventh Circuit · Dec 30, 2024

Because this is a qualified immunity case, the defendants don’t have to show that the law is clearly established that they did not act with deliberate indifference. … For all of these reasons, Brown is clearly distinguishable and cannot be used to establish that there was deliberate indifference here, much less that it was clearly established for qualified immunity purposes

Suarez Cestero v. Pagan Rosa

198 F. Supp. 2d 73 · District Court, D. Puerto Rico · Mar 11, 2002

from suit under the doctrine of qualified immunity. … 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

Craig v. Martin

26 F.4th 699 · Court of Appeals for the Fifth Circuit · Feb 15, 2022

IV At the second step of the qualified immunity analysis, we consider whether Martin’s use of force “violated clearly established statutory or 9 Case: 19-10013 … conduct violated clearly established law is Darden v.

County of Adams v. Hibbard

20 Brief Times Rptr. 952 · Supreme Court of Colorado · Jun 17, 1996

The qualified immunity defense should fail if the law was clearly established because “a reasonably competent public official should know the law governing his [or her] conduct.” … called for the destruction of Garrison’s residence because, in their view, avoiding clearly established procedures would be cheaper.

Mason-Funk v. City of Neenah

296 F. Supp. 3d 1006 · District Court, E.D. Wisconsin · Nov 1, 2017

In order to overcome a defense of qualified immunity, the plaintiff's allegations must describe a deprivation of a constitutional or statutory right and the right must be clearly established at the time of the defendants' … Before engaging the qualified immunity analysis, the Supreme Court remarked: "[I]t is again necessary to reiterate the longstanding principle that 'clearly established law' should not be defined 'at a high level of generality

Paul Tarashuk v. Jamie Givens

53 F.4th 154 · Court of Appeals for the Fourth Circuit · Nov 8, 2022

of material fact barred a ruling on qualified immunity at the summary judgment stage. … Appellants also argued, in the alternative, that they were entitled to qualified immunity because the particular right allegedly violated was not clearly established.

Buchanan v. Ford

638 F. Supp. 168 · District Court, N.D. New York · Jun 19, 1986

If an official establishes “the objective reasonableness of [his] conduct, as measured by reference to clearly established law,” he can have summary judgment. Id. … Plaintiff has not cited a different “clearly established” legal standard by which to evaluate defendant’s conduct.

Desiree Martinez v. City of Clovis

943 F.3d 1260 · Court of Appeals for the Ninth Circuit · Dec 4, 2019

QUALIFIED IMMUNITY DOCTRINE “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Qualified immunity applies either where there was no constitutional violation or where the constitutional violation was not clearly established. See id.

Africa v. City of Philadelphia

809 F. Supp. 375 · District Court, E.D. Pennsylvania · Dec 8, 1992

“Whether an official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of [his] conduct as measured by reference to clearly established law’.” Davis v. … “clearly established” law and the information he possessed at that time.

Prokop v. City of Los Angeles

59 Cal. Rptr. 3d 355 · California Court of Appeal · May 21, 2007

—In Carroll, supra, 60 Cal.App.4th 606 , the court held that a paved bicycle path qualifies as a “trail” under the immunity provisions of section 831.4. … We have already disposed of this argument: Government Code section 815, subdivision (b), clearly provides that the liability of a public entity established by “this part”—which includes the section 815.6 liability for failure

Baptiste v. J.C. Penney Company

147 F.3d 1252 · Court of Appeals for the Tenth Circuit · Jun 30, 1998

QUALIFIED IMMUNITY Qualified immunity shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory … Unless the plaintiff demonstrates both that the defendant’s conduct violated a federal right and the right was clearly established, the defendant must be granted qualified immunity.

Christopher Jones v. Howard Skolnik

671 F. App'x 560 · Court of Appeals for the Ninth Circuit · Dec 16, 2016

a claim of violation of clearly established law"). 2. … When we address the issue of qualified immunity at the pleading stage, we ask whether the complaint "allege[s] facts sufficient to support [a] claim[] that [the defendant’s] conduct violated [the plaintiff’s] clearly established