Case law

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.

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

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-  ....

Garcia v. Dutchess County

43 F. Supp. 3d 281 · District Court, S.D. New York · Aug 21, 2014

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” See id. at 1866 . … to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.”

James Spann v. George Lombardi

65 F.4th 987 · Court of Appeals for the Eighth Circuit · Apr 24, 2023

A public official is entitled to qualified immunity on a motion for summary judgment unless a plaintiff presents sufficient evidence to show that the official violated a clearly established right of the plaintiff. … The officials argue that they are entitled to qualified immunity on Spann’s due process claim, because Spann had no clearly established liberty interest in avoiding assignment to administrative segregation.

Bell v. City of Cleveland

548 F. Supp. 2d 444 · District Court, N.D. Ohio · Feb 19, 2008

In other words, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be protected by qualified immunity. … and 2) that the right violated was clearly established.

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.

Doe, SORB No. 474362 v. Sex Offender Registry Board

94 Mass. App. Ct. 52 · Massachusetts Appeals Court · Sep 19, 2018

from a damages claim because the constitutional rights the defendants allegedly violated were not "clearly established." … This is because as employees of a State executive agency, Hayden and Myers are immune from suit under § 1983 unless their actions violated clearly established constitutional rights.

Cruz v. Cervantez

96 F.4th 806 · Court of Appeals for the Fifth Circuit · Mar 20, 2024

As for the second prong, “qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Jury Instructions add an “objective unreasonableness” element into the clearly-established-law prong of the qualified immunity analysis, they do not accurately reflect the law.

Francisco Carrillo, Jr. v. County of Los Angeles

798 F.3d 1210 · Court of Appeals for the Ninth Circuit · Aug 26, 2015

The officers filed a motion for judgment on the pleadings based on qualified immunity, arguing it was not clearly established in 1984 that they were bound by Brady’s disclosure requirements. … Ditsch moved for summary judgment, arguing he was entitled to qualified immunity on Carrillo’s Brady claim because it was not clearly established in 1991 that Brady 16 CARRILLO V. CTY.

County of Adams v. Hibbard

20 Brief Times Rptr. 952 · Supreme Court of Colorado · Jun 17, 1996

The qualified immunity defense should fail if the law was clearly established because “a reasonably competent public official should know the law governing his [or her] conduct.” … called for the destruction of Garrison’s residence because, in their view, avoiding clearly established procedures would be cheaper.

Craig v. Martin

26 F.4th 699 · Court of Appeals for the Fifth Circuit · Feb 15, 2022

IV At the second step of the qualified immunity analysis, we consider whether Martin’s use of force “violated clearly established statutory or 9 Case: 19-10013 … conduct violated clearly established law is Darden v.

Baptiste v. J.C. Penney Company

147 F.3d 1252 · Court of Appeals for the Tenth Circuit · Jun 30, 1998

QUALIFIED IMMUNITY Qualified immunity shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory … Unless the plaintiff demonstrates both that the defendant’s conduct violated a federal right and the right was clearly established, the defendant must be granted qualified immunity.

Johnson v. Newburgh Enlarged School District

239 F.3d 246 · Court of Appeals for the Second Circuit · Jan 31, 2001

To be sure, the Supreme Court has counseled that for qualified immunity to be inoperative, the right in question cannot be too abstract but rather must be "'clearly established' in a more particularized, and hence a more … " qualified immunity issue.

Desiree Martinez v. City of Clovis

943 F.3d 1260 · Court of Appeals for the Ninth Circuit · Dec 4, 2019

QUALIFIED IMMUNITY DOCTRINE “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Qualified immunity applies either where there was no constitutional violation or where the constitutional violation was not clearly established. See id.

Uche Mordi v. Todd Zeigler

770 F.3d 1161 · Court of Appeals for the Seventh Circuit · Oct 29, 2014

doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not vio- late clearly established statutory or constitu- tional rights … There is no clearly established law that the three Offic- ers before us violated, and thus they are entitled to qualified immunity from suit.

Robin Thompson v. James"Clint" Murray

800 F.3d 979 · Court of Appeals for the Eighth Circuit · Sep 2, 2015

clearly established. … -6-  Murray is entitled to qualified immunity unless the above-described facts demonstrate that he violated a clearly established constitutional or statutory right of

Staats v. Brown

991 P.2d 615 · Washington Supreme Court · Jan 24, 2000

ANALYSIS Standard of Review Claims of qualified immunity from suit under § 1983 must fail if the constitutional right allegedly violated was clearly established at the time of the act. Harlow v. … Consequently, he is qualifiedly immune for claims under state law. The test for qualified immunity under federal law is an objective one, measured by reference to clearly established law. See Harlow v.

Pallottino v. City of Rio Rancho

31 F.3d 1023 · Court of Appeals for the Tenth Circuit · Aug 4, 1994

The doctrine of qualified immunity gives the Officers qualified immunity in a § 1983 suit unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Once a defendant to a § 1983 action raises a qualified immunity defense, the burden shifts to the plaintiff to show both facts and law to establish that the defendant is not entitled to qualified immunity.

Smith v. Finch

324 F. Supp. 3d 1012 · District Court, E.D. Missouri · Jul 2, 2018

Under the second prong of the qualified immunity analysis, the Court must determine whether the right in question was "clearly established at the time of the defendant's alleged misconduct." … However, qualified immunity will protect an officer from liability for an arrest "if a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [officers