Case law

State v. Haley

687 P.2d 305 · Alaska Supreme Court · Aug 10, 1984

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … We do not believe that the law governing the constitutional issues in this case was so clearly established that Charney and Erickson should be denied official immunity.

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.

Davis v. Borough

669 F. Supp. 2d 532 · District Court, E.D. Pennsylvania · Oct 21, 2009

“A government official is entitled to qualified immunity if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Berg v. … clearly established at the time of the alleged violation.’ ” Wilson v.

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.

Rudley v. Little Rock Police Dep't

935 F.3d 651 · Court of Appeals for the Eighth Circuit · Sep 3, 2019

The officers are entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to Rudley, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established … We reversed the denial of qualified immunity, concluding that no precedent clearly established that Ernst’s takedown was unreasonable at the time of the incident.

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.

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.

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.

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.

Gudger v. District of Columbia

District Court, District of Columbia · Dec 16, 2015

ANALYSIS Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory … Gudger’s residence violated clearly established law.

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.”

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.”)

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.

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.

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

Barnes v. Furman

629 F. App'x 52 · Court of Appeals for the Second Circuit · Oct 22, 2015

Qualified immunity shields a government official from liability for civil damages “if his conduct did not violate plaintiffs clearly established rights or if it would have been objectively reasonable for the official to believe … Defendants do not dispute that the confiscation of Barnes’s Tsalot-Kob religious head covering was unlawful and instead argue that they are entitled to qualified immunity because there is no clearly established law permitting

Michael Kopec v. Tyrone Tate, Officer Township of Whitemarsh

361 F.3d 772 · Court of Appeals for the Third Circuit · Mar 17, 2004

Qualified immunity is intended to shield government officials performing discretionary functions, including police officers, “from liability from civil damages insofar as their conduct does not violate clearly established … A defendant has the burden to establish that he is entitled to qualified immunity. See Beers-Capitol v. Whetzel, 256 F.3d 120 , 142 n. 15 (3d Cir.2001). The Supreme Court held in Saucier v.

Hoffer v. Ancel

176 Vt. 630 · Supreme Court of Vermont · Apr 28, 2004

Applying the doctrine of qualified immunity, the trial court granted defendants summary judgment. … Finally, plaintiff argues that qualified immunity does not apply to plaintiffs declaratory judgment claim. See Allen v.

Edmiston v. Borrego

75 F.4th 551 · Court of Appeals for the Fifth Circuit · Aug 1, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. … Regarding the second prong of the qualified-immunity analysis, for a right to be “clearly established” it must be “sufficiently clear that every reasonable official would have understood that what he is doing violates