Case law

Ard v. Rushing

911 F. Supp. 2d 425 · District Court, S.D. Mississippi · Aug 30, 2012

’s action, assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” … Thus, the doctrine of qualified immunity shields federal and state officials from money damages unless a plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly

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.

Rich v. Montpelier Supervisory District

167 Vt. 415 · Supreme Court of Vermont · Jan 23, 1998

He misunderstands the role of the objective standard in qualified immunity analysis. … , on the basis of nothing more than the official’s pretextual assertions, that the allegedly unconstitutional conduct contravened no clearly established law.’”

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.

McCranie v. Gavinski

District Court, D. Colorado · Sep 24, 2024

Defendants provide no legal authority in support of their proposition that clearly established law for qualified immunity must originate from a case at the same procedural posture. … was clearly established”). Accordingly, the Court finds that Sergeant Acuna and Sergeant Gutierrez are entitled to qualified immunity on plaintiff’s first claim.

Sean Smith v. Peter Gilchrist, III

749 F.3d 302 · Court of Appeals for the Fourth Circuit · May 14, 2014

(explaining that to survive a qualified-immunity claim, a plaintiff must demonstrate the “violation . . . of a clearly established right of which a reasonable person would have known” (internal … Kennedy, 349 F.3d 731, 742 n.6 (4th Cir. 2003) (holding that when officers violated rights that were clearly established, officers were not entitled to public officers’ immunity from North

Keli Calderone v. City of Chicago

979 F.3d 1156 · Court of Appeals for the Seventh Circuit · Nov 5, 2020

has not clearly established that right. … Qualified Immunity Public officials enjoy immunity from civil liability for con- duct that “[1] does not violate [2] clearly established statutory or constitutional rights of which a reasonable person would have known

Durrant v. BD. OF EDUC. OF CITY OF HARTFORD

284 Conn. 91 · Supreme Court of Connecticut · Oct 2, 2007

pursuant to section 10-16n [which allows the establishment of grant programs to assist local boards of education establishing extended day Head Start programs]”). … “[A] municipal employee . . . has a qualified immunity in the performance of a governmental duty, but he may be liable if he misperforms a ministerial act ... .

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);

DiStiso ex rel. DiStiso v. Cook

691 F.3d 226 · Court of Appeals for the Second Circuit · Aug 21, 2012

The Qualified Immunity Defense Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … immunity because no such rule of law was clearly established at times relevant to plaintiffs claim.

Harris v. Mississippi Valley State Univ.

873 So. 2d 970 · Mississippi Supreme Court · May 13, 2004

The test for qualified immunity is two fold, with the threshold question being whether the plaintiff has suffered a violation of a clearly established constitutional right. … Whether an official is entitled to qualified immunity depends on the "objective reasonableness of the action" assessed in light of the legal rules that were "clearly established" at the time it was taken.'

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.

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.

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.

Burl W. Everman v. Lesa G. Robinson

Court of Appeals of Kentucky · Dec 6, 2024

As to qualified official immunity, Deputy Everman asserts that the act of parking his police vehicle at the accident scene constituted a discretionary act, which is protected by qualified official immunity. … The issue is whether qualified official immunity applies to bar a negligence claim if one could be established. -10-  ....

Piper Partridge v. City of Benton, Arkansas

929 F.3d 562 · Court of Appeals for the Eighth Circuit · Jul 3, 2019

In a § 1983 action, qualified immunity shields government officials from liability “when their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome qualified immunity at the pleadings stage, a plaintiff must “plead[] facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time

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.

Carman v. City of Eden Prairie

622 F. Supp. 963 · District Court, D. Minnesota · Nov 27, 1985

Qualified immunity is an affirmative defense which shields public officials performing discretionary functions from civil damages if their conduct does “not violate clearly established statutory or constitutional rights of … Fair-view is thus entitled to qualified immunity because its conduct did not violate any of plaintiff’s clearly established statutory or constitutional rights of which a reasonable person would have known.