Case law

City of Phoenix v. Superior Court

180 Ariz. 472 · Court of Appeals of Arizona · Aug 4, 1994

The agents asserted qualified immunity as a defense. … the defendant’s version of the facts, the defendant’s conduct violated a clearly established law.

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.

Bibeau v. Pacific Northwest Research Foundation Inc.

188 F.3d 1105 · Court of Appeals for the Ninth Circuit · Aug 19, 1999

answered for purposes of qualified immunity is whether the law was clearly established at the time of the alleged acts. … Without more involvement in the experiments, they did not violate any of Bibeau’s clearly established rights, and therefore are entitled to qualified immunity.

Nicholas C. Wade v. Solomon Daniels

36 F.4th 1318 · Court of Appeals for the Eleventh Circuit · Jun 13, 2022

medical needs—which, as addressed in the following sections, he cannot—qualified immunity applies because Wade failed to show that the defendants violated clearly established law. … Because there is no clearly established law that placed Investigators Daniels, Jones, and Wilson on notice that their actions violated Wade’s constitutional rights, they are entitled to qualified immunity on Wade’s medical

Morton H. Halperin v. Henry A. Kissinger

807 F.2d 180 · Court of Appeals for the D.C. Circuit · Dec 5, 1986

The District Court granted summary judgment to . defendants on qualified immunity grounds, reasoning that the wiretap did not violate clearly established law since it had a rational nexus to national security. … We must determine whether the claims based on these requirements are subject to the qualified immunity defense. As to the warrant requirement, the answer is plain, since it was not yet clearly established.

Spooner v. Phoenix

246 Ariz. 119 · Court of Appeals of Arizona · Nov 27, 2018

To the extent these actions violate clearly established law or reflect a reckless disregard of Spooner’s rights, they are afforded no protection. … But to the extent Brown’s actions reflect the legitimate exercise of professional judgment, they are discretionary and protected by qualified immunity.

Maraziti v. First Interstate Bank

953 F.2d 520 · Court of Appeals for the Ninth Circuit · Jan 3, 1992

II A federal official’s assertion of qualified immunity based upon the plaintiff’s failure to state a “violation of clearly established law” is a question of law. Mitchell v. … It is true that “[s]pecific binding precedent is not required to show that a right is clearly established for qualified immunity purposes.” Brady v.

Buchanan v. Metz

132 F. Supp. 3d 922 · District Court, E.D. Michigan · Sep 14, 2015

violate clearly established rights of which a reasonable person would have known. … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson v. Callahan, 555 U.S. 223, 232 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Zimmerman v. Corbett

195 F. Supp. 3d 695 · District Court, M.D. Pennsylvania · Jul 15, 2016

Qualified immunity is applicable unless the official’s conduct violated- a clearly established constitutional right. Pearson v. … Whether the right at issue is clearly established Having determined that Plaintiff alleged a constitutional violation, the Court turns the second prong of the qualified immunity analysis.

MacKey v. Cleveland State University

837 F. Supp. 1396 · District Court, N.D. Ohio · Jul 20, 1993

Once a defendant raises the qualified immunity defense, the plaintiff must produce additional facts or allegations demonstrating that his constitutional rights were violated and “that these rights were so clearly established … Qualified immunity is available to the Trustees, Flower, Muczyk, and Konstantinos in their individual capacities since their conduct did not violate clearly established statutory or constitutional rights of which a reasonable

Ford v. Baltimore City Sheriff's Office

149 Md. App. 107 · Court of Special Appeals of Maryland · Dec 27, 2002

The standards for establishing a prima facie case of negligence have been clearly established. The Court of Appeals stated in Bobo v. … Clearly, the Court would not have had to instruct the circuit court to make a qualified immunity determination absent a malice finding if no immunity existed for State constitutional torts. See Lee v.

Heidemann v. Rother

84 F.3d 1021 · Court of Appeals for the Eighth Circuit · May 23, 1996

For reversal, all of the defendants, including Joy, argue that they are entitled to qualified immunity as a matter of law because plaintiffs have failed to allege a violation of any clearly established constitutional or federal … In Behrens , the defendant, an official with the Federal Home Loan Bank Board, had moved for summary judgment on qualified immunity grounds, arguing that his actions had not violated any clearly established right.

O'MALLEY v. City of Flint

652 F.3d 662 · Court of Appeals for the Sixth Circuit · Jul 26, 2011

Generally, summary judgment based on qualified immunity is proper if the officer was not on notice that his conduct was clearly unlawful. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir.2002). … established”).

Walker v. Davis

649 F.3d 502 · Court of Appeals for the Sixth Circuit · Aug 22, 2011

The district court held that Davis’s actions, so viewed, violated Germany’s clearly established constitutional rights, thereby precluding qualified immunity for Davis. We affirm. … But the facts, as we must view them, make out a violation of Germany’s clearly established constitutional rights. The district court’s denial of qualified immunity is affirmed.

D'AOUST v. Diamond

424 Md. 549 · Court of Appeals of Maryland · Jan 31, 2012

qualified immunity. … The test clearly conflates the doctrines of absolute judicial immunity and qualified public official immunity.

Shain v. Ellison

53 F. Supp. 2d 564 · District Court, E.D. New York · Jun 1, 1999

so as to preclude the Sheriff who established the county jail policy from invoking the defense of qualified immunity, Weber, 804 F.2d at 803 . … Qualified Immunity Defendants seek to invoke the defense of qualified immunity on behalf of the Nassau County Sheriff.

Terri Vinyard v. Steve Wilson

311 F.3d 1340 · Court of Appeals for the Eleventh Circuit · Nov 14, 2002

be clearly unlawful, summary judgment based on qualified immunity is appropriate.” … the law applicable to particular circumstances clearly and to overcome qualified immunity even in the absence of case law.”)

Southern California Rapid Transit District v. Superior Court

30 Cal. App. 4th 713 · California Court of Appeal · Nov 30, 1994

They dismiss defendants’ argument that the court failed to rule on their qualified immunity defense. … However, the qualified immunity under federal law upon which the defendants rely here does not apply if their actions violated a clearly established *731 statutory or constitutional right of which a reasonable person should

Bamdad v. Drug Enforcement Administration

617 F. App'x 7 · Court of Appeals for the D.C. Circuit · Sep 22, 2015

The doctrine of qualified immunity entitles officers to immunity from suit for damages unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the right in question was not clearly established at the time of the alleged violation, we need not decide whether it was in fact violated, because the officers are entitled to qualified immunity regardless.

Francis Dougherty v. Philadelphia School District

772 F.3d 979 · Court of Appeals for the Third Circuit · Nov 21, 2014

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Having found a violation of Dougherty’s First Amendment rights, the second prong of the qualified immunity analysis requires us to determine whether that right was “clearly established.”