Case law

Gabriel Coker v. Arkansas State Police

734 F.3d 838 · Court of Appeals for the Eighth Circuit · Nov 5, 2013

In a § 1983 action, 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.'" … the defendant violated a clearly established right."

Hart v. City of Jersey City

308 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Feb 25, 1998

The trial judge was correct to conclude that plaintiff had made no prima facie showing that a clearly established right was impinged. … It is clear also that the issue of qualified immunity was a fit subject for disposition in the pre-trial phase of the suit.

Bistrian v. Levi

299 F. Supp. 3d 686 · District Court, E.D. Pennsylvania · Mar 6, 2018

established. 107 The failure of either prong will result in the official being entitled to qualified immunity. 108 Here, Plaintiff has not shown that he had a clearly established right to be removed from the SHU within the … was clearly established.

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.

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,

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

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.

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.

Aho v. Anthony

782 F. Supp. 2d 4 · District Court, D. Connecticut · Feb 28, 2011

Government officials performing discretionary functions are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights that a reasonable person would have known … See Musso, 836 F.2d at 743-44 (stating that, in a qualified immunity inquiry, the appropriate question is whether it was “clearly established” that the defendant had an affirmative duty to prevent others from infringing on

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

William C. Powell v. Thomas J. Mikulecky, George Oates, Ruth Stephens and Wendall Gilliam

891 F.2d 1454 · Court of Appeals for the Tenth Circuit · Dec 15, 1989

The test for qualified immunity is whether defendants violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Once a defendant raises the defense of qualified immunity as a defense to an action, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.”

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.

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 .

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

Jensen v. Jessamy

242 N.C. App. 384 · Court of Appeals of North Carolina · Jul 21, 2015

"The defense of qualified immunity shields government officials from personal liability under § 1983 insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … "In ruling on the defense of qualified immunity we must: (1) identify the specific right allegedly violated; (2) determine whether the right allegedly violated was clearly established at the time of the violation; and (3)

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.

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.”

Soares v. Connecticut

8 F.3d 917 · Court of Appeals for the Second Circuit · Nov 2, 1993

Accordingly, Konow is entitled to summary judgment on the basis of qualified immunity. II. … can show that the rights plaintiff claims to have been violated were not “clearly established.”

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.

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.