Case law

Goolsby v. Dist. of Columbia

317 F. Supp. 3d 582 · Court of Appeals for the D.C. Circuit · Jul 13, 2018

The Court will once more exercise its discretion to begin with the second prong of the qualified immunity test: whether any constitutional violation here was clearly established. … False Arrest Beginning with the false arrest claims, the Court will again start with the second prong of the qualified immunity analysis: whether any violation by the Dispatchers was clearly established.

McKinney v. City of Tukwila

13 P.3d 631 · Court of Appeals of Washington · Nov 9, 2000

clearly established at the time it was taken." … In light of the above case law, we find that the impropriety of the officers' actions here is not clearly established. We thus find that the officers are entitled to qualified immunity from suit under section 1983. C.

Bartell v. Lohiser

12 F. Supp. 2d 640 · District Court, E.D. Michigan · Jul 1, 1998

whether the conduct of which the plaintiff complains violated clearly established law.” … Defendants are entitled to qualified immunity as to plaintiffs ADA and Rehabilitation Act claims because plaintiff has failed to show that defendants violated a clearly established right of which they should have known. 4

Ter Beek v. City of Wyoming

297 Mich. App. 446 · Michigan Court of Appeals · Jul 31, 2012

Therefore, when the immunity granted in MCL 333.26424(a) is read in context with MCL 333.26422(b) and (c), it is plain that the immunity was not intended to exempt qualified medical-marijuana users from federal prosecutions … The CSA provisions do not preempt the MMMA’s grant of immunity as found in MCL 333.26424(a) because it is well established that Congress cannot require the states to enforce federal law.

Ken Mouille, Laurie Rollins v. City of Live Oak

918 F.2d 548 · Court of Appeals for the Fifth Circuit · Jan 8, 1991

Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions assessed in light of clearly established law. … Unit A Jan. 1981) were clearly established law in this circuit.

Edward Furnace v. Paul Sullivan

705 F.3d 1021 · Court of Appeals for the Ninth Circuit · Jan 17, 2013

Fitzgerald, 457 U.S. 800, 818 (1982) (qualified immunity is appropriate when “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”). … Shreve, 535 F.3d 225, 240 (4th Cir. 2008) (denying qualified immunity to a prison guard because the right to be free from excessive use of pepper spray was clearly established).

Yamaha Motor Manufacturing Corp. of America v. Kentucky, Finance & Administration Cabinet

403 F. Supp. 2d 601 · District Court, W.D. Kentucky · May 10, 2005

Under the doctrine of qualified immunity, “governmental officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … If the law was not clearly established, the defendants may be protected from suit by qualified immunity as they could not have known that their conduct was illegal or unconstitutional.

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.

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

Victor Perez v. James Cox

Court of Appeals for the Ninth Circuit · Sep 16, 2019

The Clearly Established Right The second part of the qualified immunity test requires that the constitutional right that has been violated was “clearly established” at the time of the alleged violation. … immunity analysis.3 And at prong two of the qualified immunity analysis, the majority points to no authority clearly establishing that the Use of Force Regulation actually promulgated by the Nevada Department of

Mountain Pure v. Cynthia Roberts

814 F.3d 928 · Court of Appeals for the Eighth Circuit · Feb 25, 2016

"Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Moreover, Mountain Pure -5- cites no authority showing that the agents violated its clearly established rights as it must to overcome a defense of qualified immunity.

Webb v. Haas

665 A.2d 1005 · Supreme Judicial Court of Maine · Oct 10, 1995

Haas contends that he is protected from the Webbs’ action by the doctrine of qualified immunity pursuant to 42 U.S.C.A. § 1983 8 because he has not violated a clearly established right of the Webbs’. … Pursuant to the doctrine of qualified immunity, “ ‘government officials performing discretionary functions[] generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Armengau v. Cline

7 F. App'x 336 · Court of Appeals for the Sixth Circuit · Mar 1, 2001

qualified immunity on an interlocutory appeal.” … In evaluating claims of qualified immunity under section 1983, we first determine whether a constitutional violation occurred and only then consider *346 whether the right violated was clearly established such that a reasonable

Columbian Financial Corporation v. Stork

811 F.3d 390 · Court of Appeals for the Tenth Circuit · Jan 26, 2016

Thull enjoy qualified immunity on this claim because the alleged conduct would not have violated a clearly established constitutional right. … For qualified immunity, however, the question is whether that constitutional requirement was clearly established.

Chanon Miller v. Juan Ramirez

Court of Appeals for the Eleventh Circuit · Feb 27, 2025

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity “raised . . . on a motion to dismiss . . . will be granted if the com- plaint fails to allege the violation of a clearly established constitu- tional right.” 248 F.3d 1117, 1121 (11th Cir. 2001

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.

Gericke v. Begin

753 F.3d 1 · Court of Appeals for the First Circuit · May 23, 2014

In May 2012, the officers filed motions for summary judgment, arguing in pertinent part that they were entitled to qualified immunity on Gericke's First Amendment claim because there was no clearly established right to … Qualified immunity provides government officials with "breathing room to make reasonable but mistaken judgments" by shielding officials from liability for civil damages for actions that do not violate clearly established

Lopera v. Town of Coventry

640 F.3d 388 · Court of Appeals for the First Circuit · May 20, 2011

The Doctrine of Qualified Immunity Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … A finding that a right was not clearly established at the time of the alleged violation is sufficient to warrant a finding of qualified immunity. See Pearson, 129 S.Ct. at 822 .

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.

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.