Case law

Eng v. Coughlin

858 F.2d 889 · Court of Appeals for the Second Circuit · Oct 4, 1988

of law which were “clearly established at the time an action occurred.” … Milligan’s omissions in 1983 did not then constitute a violation of Eng’s “clearly established” rights, and Milligan could properly invoke the defense of qualified immunity from suit. B.

Newton v. City of New York

738 F. Supp. 2d 397 · District Court, S.D. New York · Sep 21, 2010

.” 57 The Second Circuit has held that a right is clearly established for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right … Clearly Established Constitutional Right Having determined that Ryan was conducting a discretionary function, the ensuing issue for qualified immunity purposes is whether she violated Newton’s clearly established constitutional

Johnson v. Pearson

316 F. Supp. 2d 307 · District Court, E.D. Virginia · Mar 1, 2004

Qualified immunity protects government officials from civil damages in a § 1983 action “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … If Plaintiffs rights were not clearly established, “the qualified immunity doctrine still provides a defendant officer with immunity from suit.” Jones, 325 F.3d at 526-527 .

Atherton v. District of Columbia Office of the Mayor

567 F.3d 672 · Court of Appeals for the D.C. Circuit · Jun 2, 2009

matter how unclear it may be that the particular action is a violation) violates a clearly established right. … to determine whether it presents one of those occasions in which the rights are clearly established.

Luisa A. De Abadia v. Hon. Luis Izquierdo Mora

792 F.2d 1187 · Court of Appeals for the First Circuit · Jun 27, 1986

immunity, the law was not clearly established in plaintiff’s favor. … For now we merely hold, finding appellants to be at least reasonable in believing the law was not clearly established, that they are entitled to qualified immunity from suit.

Delbert Johnson v. City of Fort Worth

916 F.3d 410 · Court of Appeals for the Fifth Circuit · Feb 14, 2019

established” qualified immunity standard. … It does not require that causation be clearly established. Indeed, Halstead cites no case requiring a heightened showing of causation in qualified immunity cases.

Garcia v. Montgomery County

145 F. Supp. 3d 492 · District Court, D. Maryland · Nov 5, 2015

Clearly Established Right Although the Court finds a constitutional right to video record public" police activities, Officers Baxter and Malouf would still be entitled to qualified immunity if that right was not clearly established … Cunniffe, 655 F.3d 78, 85 (1st Cir.2011)), it is the law of the case that such a right is clearly established for purposes of qualified immunity.

Lena Davenport v. Borough of Homestead

870 F.3d 273 · Court of Appeals for the Third Circuit · Aug 29, 2017

clearly established law. … IV “The doctrine of 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

Egolf v. Witmer

526 F.3d 104 · Court of Appeals for the Third Circuit · May 22, 2008

The court granted immunity on the basis that the constitutional rights were not “clearly established” in the circumstances of this case. This appeal followed. … Qualified immunity turns on the “objective legal reasonableness of the action ... assessed in light of the legal rules that were clearly established at the time.” Anderson v.

Lamont Warren v. Joseph L. Dwyer, Individually and in His Official Capacity as an Officer in the Police Dept. Of Hartford, Ct

906 F.2d 70 · Court of Appeals for the Second Circuit · Jun 25, 1990

Qualified Immunity We now turn to Warren’s assertion that the defense of qualified immunity should never have been sent to the jury. … Even where the law is “clearly established" and the scope of an official’s permissible conduct is “clearly defined,” the qualified immunity defense also protects an official if it was “objectively reasonable” for him at the

Mehta v. Foskey

877 F. Supp. 2d 1367 · District Court, S.D. Georgia · Jun 29, 2012

The defense of qualified immunity “turns on the objective legal reason *1376 ableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.” Anderson v. … immunity because they did not violate clearly established law.

Fortner v. Thomas

983 F.2d 1024 · Court of Appeals for the Eleventh Circuit · Feb 18, 1993

clearly established law." … It is well established that the doctrine of qualified immunity protects government officials from civil damages liability as long as the officials could reasonably believe that their conduct did not violate clearly established

Grissom v. Roberts

902 F.3d 1162 · Court of Appeals for the Tenth Circuit · Aug 29, 2018

that would be decisive under clearly established law, we are compelled to hold that the Prison Officials are entitled to qualified immunity on his due-process claim.3 IV. … To overcome the defense of qualified immunity, however, Grissom must point to clearly established law. See Thomson, 584 F.3d at 1312. That, he has failed to do.

Gordon v. District of Columbia

District of Columbia Court of Appeals · Feb 15, 2024

App. 1998)—are not binding, nor do they muddle the clearly established principles set forth above so as to support the District’s claim of qualified immunity. … proving that the defendant “violated clearly established rights” and is not entitled to qualified immunity.

Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Texas Court of Appeals, 1st District (Houston) · Jul 31, 2014

Clearly established law and qualified immunity After Deputy Goodney raised the affirmative defense of qualified immunity, the burden of persuasion fell on Escobar to negate the defense. … If he did, then the clearly established law permits the use of deadly force. If he didn’t, then the clearly established law prohibits it.

Dennis Ryno v. City of Waynesville

58 F.4th 995 · Court of Appeals for the Eighth Circuit · Jan 26, 2023

They argued that they were entitled to qualified immunity because Ryno failed to show any Fourth Amendment violation, and even if he did, it was not clearly established. … While the issue of probable cause addresses the first, constitutional-violation prong, “the issue of arguable probable cause is properly part of the resolution of qualified immunity’s second prong, the clearly established

Benckini v. Hawk

654 F. Supp. 2d 310 · District Court, E.D. Pennsylvania · Sep 14, 2009

Under the defense of qualified immunity, “[gjovernment officials performing discretionary functions are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … “A court presented with a claim of qualified immunity must examine both the law that was clearly established at the time of the alleged violation and the facts available to the officer at that time, and must then determine

J W v. Birmingham Bd. of Educ.

904 F.3d 1248 · Court of Appeals for the Eleventh Circuit · Sep 24, 2018

Qualified Immunity Analysis In actions brought under 42 U.S.C. § 1983 , the doctrine of qualified immunity offers complete protection for government officials whose conduct "does not violate clearly established statutory … Wilson , 311 F.3d 1340 , 1350 (11th Cir. 2002) (recognizing that "fair and clear notice" is the cornerstone of the qualified immunity analysis). There are various ways to evaluate whether a right is clearly established.

Valdez v. Farmon

766 F. Supp. 1529 · District Court, E.D. California · Jun 11, 1991

event to compel her to give up that clearly established right. … A defendant is entitled to a qualified immunity if: 1. the law allegedly violated was not clearly established (a legal issue); 2. assuming that the law was clearly established, a reasonable person in the same circumstances

Willingham v. Crooke

412 F.3d 553 · Court of Appeals for the Fourth Circuit · Jun 23, 2005

This is known as the defense of qualified immunity. 13 Police officers are presumed to know about the clearly established constitutional rights of citizens. In this case, Ms. … immunity from liability for civil damages to the extent that "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."