Case law

Montville v. Lewis

87 F.3d 900 · Court of Appeals for the Seventh Circuit · Jul 1, 1996

Cabrera, 58 F.3d 290, 292 (7th Cir.1995), and, finding that the defendants’ conduct did not violate “clearly established law” and thus was shielded by qualified immunity, we reverse. … In light of our conclusion that qualified immunity was proper as to the September search, it necessarily follows that using information gained during that inspection was reasonable and did not violate clearly established

John W. Burgess Linda M. Burgess, Husband and Wife v. Pierce County, a Municipal Corporation Joseph Stortini Jane "Doe" Stortini, Husband and Wife

918 F.2d 104 · Court of Appeals for the Ninth Circuit · Nov 2, 1990

The scope of our review is detailed in Mitchell : Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement … “[S]tate and local officials are entitled to qualified immunity if ‘their conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Manhattan Beach

Garcia-Rubiera v. Flores-Galarza

516 F. Supp. 2d 180 · District Court, D. Puerto Rico · Aug 30, 2007

Whether Constitutional Right was Clearly Established The second stage in the qualified immunity requires the court to ask whether the law was clearly established at the time of the constitutional violation. … Because the law was not clearly established at the time the Secretary allegedly deprived Plaintiffs of their rights guaranteed by the Takings Clause, he is entitled to qualified immunity on all of their takings claims.

Meredith Coleman v. Nyal Frantz, Sheriff of Wells County, Indiana

754 F.2d 719 · Court of Appeals for the Seventh Circuit · Jan 30, 1985

Since Frantz did not violate any then clearly established constitutional right of which a reasonable person would have known, he was justified in asserting the qualified immunity defense. … Thiboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d, 555 ), and that the qualified immunity is unavailable to defendants where the statutory right in such cases is clearly established.

Waller v. State

64 Wash. App. 318 · Court of Appeals of Washington · Feb 18, 1992

The Meyers court determined that the proper qualified immunity test was whether the conduct complained of "violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.'" … The qualified immunity question is whether the caseworkers' actions violated clearly established statutory or constitutional rights of which a reasonable person would have known. Meyers , at 1158.

AHE Realty Assoc., LLC v. Miami-Dade Cnty.

320 F. Supp. 3d 1322 · District Court, S.D. Florida · Jun 29, 2018

Qualified Immunity Naranjo also states he is entitled to qualified immunity. … A defendant pleading qualified immunity is entitled to dismissal "unless the plaintiff's allegations state a claim of violation of clearly established law." Cottone v. Jenne , 326 F.3d 1352 , 1357 (11th Cir. 2003).

Knight v. Trotter

District Court, E.D. Michigan · Jun 5, 2023

Since Hughes acknowledges that Knight possessed a clearly established Fourth Amendment right to be free from excessively forceful handcuffing, qualified immunity does not preclude him from standing … Kiefer, 310 F.3d 937, 944 (6th Cir. 2002) (recognizing that the “right to be free from ‘excessively forceful handcuffing’ is a clearly established right for qualified immunity purposes”).

Pena ex rel. Estate of Cornell v. Givens

637 F. App'x 775 · Court of Appeals for the Fifth Circuit · Nov 23, 2015

Sheehan, — U.S.-, 135 S.Ct. 1765, 1776 , 191 L.Ed.2d 856 (2015) (“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures … Qualified immunity thus attaches unless the law is clearly established that the defendant’s conduct amounted to a seizure.

Poolaw v. Marcantel

565 F.3d 721 · Court of Appeals for the Tenth Circuit · May 4, 2009

Concluding that these Fourth Amendment principles were clearly established when the incidents occurred, the court denied qualified immunity. Marcantel and Hix now appeal. … City of Las Cruces, 523 F.3d 1205, 1211-12 (10th Cir.2008) (“[T]he clearly established weight of authority from other courts” establishes a right for the purposes of qualified immunity.).

Grissom v. Roberts

902 F.3d 1162 · Court of Appeals for the Tenth Circuit · Aug 29, 2018

that would be decisive under clearly established law, we are compelled to hold that the Prison Officials are entitled to qualified immunity on his due-process claim.3 IV. … To overcome the defense of qualified immunity, however, Grissom must point to clearly established law. See Thomson, 584 F.3d at 1312. That, he has failed to do.

Mills v. City of Shreveport

58 F. Supp. 3d 677 · District Court, W.D. Louisiana · Sep 30, 2014

Qualified immunity shields government officials from liability in their performance of discretionary functions, unless their conduct violated a clearly established constitutional right.' See Ontiveros v. … clearly established right.

Doe v. Knox County Board of Education

918 F. Supp. 181 · District Court, E.D. Kentucky · Mar 6, 1996

Qualified Immunity The Board members and superintendent argue that they are entitled to qualified immunity with regard to the claims against them in their individual capacities. … Government officials performing discretionary functions generally are immune from personal liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional rights of which

Adeline Lennon v. Chief William P. Miller, the City of Troy, Patrolman Donald J. Backaus, and Patrolman Peter Gordon

66 F.3d 416 · Court of Appeals for the Second Circuit · Sep 12, 1995

’s clearly established constitutional rights. … his ... actions did not violate any of those clearly established rights.

Swint v. City Of Wadley

51 F.3d 988 · Court of Appeals for the Eleventh Circuit · May 9, 1995

by ... clearly-established law." … Because such a due process right was not clearly established at the time of the raids in this case, Sheriff Morgan, Chief Morgan and Officer Dendinger are entitled to qualified immunity on the due process claims.

Spiker v. Allegheny County Board of Probation & Parole

920 F. Supp. 2d 580 · District Court, W.D. Pennsylvania · Jan 30, 2013

In order for a federally protected right to be “clearly established” for purposes of qualified immunity, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he [or … Whittaker may be entitled to qualified immunity for these actions, however, if it would not have been clear to a reasonable officer in her position that those actions violated clearly established law.

Howard Linden v. City of Southfield, Mich.

75 F.4th 597 · Court of Appeals for the Sixth Circuit · Jul 26, 2023

And for qualified immunity purposes, any lack of clarity in Willis would only support the First Responders’ position that Linden has failed to identify a “clearly established” right. Sumpter, 868 F.3d at 480. … Unpublished cases cannot clearly establish law for purposes of qualified immunity. See Bell v. City of Southfield, 37 F.4th 362, 367 (6th Cir. 2022).

Jones v. United States

878 F. Supp. 1290 · District Court, D. Nebraska · Mar 7, 1995

established law with sufficient precision so as to allow the defendants to formulate a motion for summary judgment on qualified-immunity grounds.” … since there are no material facts in dispute which show that Defendants’ conduct violated' clearly established law.

Zimmerman v. Doran

807 F.3d 178 · Court of Appeals for the Seventh Circuit · Nov 24, 2015

Under the doctrine of qualified immunity, officials are shielded from civil liability “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … We have held that “ ‘[consulting a prosecutor may not give an officer absolute immunity from being sued for false arrest, but it goes far to establish qualified immunity.

Steven Hill v. William Shelander

992 F.2d 714 · Court of Appeals for the Seventh Circuit · Apr 30, 1993

In that instance, Shelander would not have violated Hill’s clearly established constitutional rights, and he would be entitled to qualified immunity. … Clearly Established Constitutional Standards.

Marshall v. Board of County Commissioners for Johnson County

912 F. Supp. 1456 · District Court, D. Wyoming · Jan 22, 1996

in a qualified immunity case according to clearly established statutory or constitutional rights of which a reasonable person would have known. … Further, a defendant is entitled to qualified immunity if the plaintiff fails to show that the law was clearly established. See, e.g., Pallottino v.