Case law

(PC) Bobadilla v. Knight

District Court, E.D. California · Jul 20, 2020

established law and is entitled to qualified immunity. 3 C. … has established a violation of his First Amendment rights, 20 defendant is entitled to qualified immunity because plaintiff’s alleged free speech rights were not 21 clearly established at the time of the May 21, 2017

Leodis Sledge, Individually and as Administrator of the Estate of Tanesha Leach, and on Behalf of All Wrongful Death Beneficiaries and Heirs at Law v. City of Pine Bluff, Arkansas, by and Through Its Mayor, Shirley Washington, in Her Official Capacity as Mayor of the City of Pine Bluff, Arkansas; Pine Bluff City Council, by and Through Its Ex-Officio President, Shirley Washington, in Her Official Capacity; Rick Rhoden, in His Official Capacity as Director of Pine Bluff Street Department; And Kelvin Sargent, in His Official Capacity as Chief of Police of the City of Pine Bluff

2022 Ark. App. 23 · Court of Appeals of Arkansas · Jan 19, 2022

On appeal, Sledge argues (1) that the circuit court erred in granting summary judgment on the basis of qualified immunity because his complaint sufficiently alleged violation of a clearly established statutory right; and … Because Sledge sued the public officials in their official capacities only, qualified immunity is not at issue.

Angie Waller v. City of Fort Worth Texas, e

922 F.3d 590 · Court of Appeals for the Fifth Circuit · Apr 24, 2019

These acts, the district court explained, violated the plaintiffs’ clearly established rights to access the courts. … “clearly established” at the time of the challenged conduct.’”

Harris v. Huston

53 F. Supp. 2d 1027 · District Court, E.D. Wisconsin · Jun 21, 1999

The defendant has submitted a Rule 50 motion based on the defense of qualified immunity. The defendant argues that Mr. … I reserved ruling on the defendant’s qualified immunity motion partly because the defendant’s tardiness in raising the qualified immunity defense had effectively defeated its goal of sparing a public employee the cost of

Jones v. Clark

630 F.3d 677 · Court of Appeals for the Seventh Circuit · Jan 14, 2011

- eral right at issue was clearly established at the time that the alleged violation occurred. … III As we mentioned, Officers Clark and Kaminski are entitled to immunity if their conduct did not violate clearly established constitutional rights of which a rea- sonable person would have known.

Mason v. Arizona

260 F. Supp. 2d 807 · District Court, D. Arizona · Mar 28, 2003

In Harlow , the Supreme Court established the test for qualified immunity: whether the official violated “clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity seeks to balance these two competing interests by protecting public officials from personal liability as long as they do not violate clearly established federal law.

Bridget Murphy v. A. Engelhart

933 F.3d 1027 · Court of Appeals for the Eighth Circuit · Aug 14, 2019

Qualified immunity shields an officer if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Accordingly, Engelhart’s takedown did not violate a clearly established constitutional right.

Linda Sexton v. Thomas Cernuto

18 F.4th 177 · Court of Appeals for the Sixth Circuit · Nov 8, 2021

Qualified immunity “shields government officials from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of 2 The district … The qualified immunity analysis has two parts.

Mitchell B. Tucker v. Jack Callahan Carl Glasgow Ben Brewer City of New Johnsonville (88- 5102/5179) Wilburn Springer, Officer, (88-5103/5153)

867 F.2d 909 · Court of Appeals for the Sixth Circuit · Mar 28, 1989

at least at the pleading stage, the defense of qualified immunity. … Thus, the district court concluded that Officer Springer was not entitled to qualified immunity because plaintiff had alleged facts which, if proven, would establish that defendants had violated plaintiffs “clearly established

Billy Tyler v. Tom Barton and Frank O. Gunter

901 F.2d 689 · Court of Appeals for the Eighth Circuit · Apr 26, 1990

An exception exists, however, where a court denies summary judgment on the issue of qualified immunity because qualified immunity provides “immunity from suit rather than a mere defense to liability.” … Thus, we conclude that Barton and Gunter did not violate any clearly established constitutional right. Accordingly, the doctrine of qualified immunity applies to Barton and Gunter. III.

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).

Ralston v. Cannon

884 F.3d 1060 · Court of Appeals for the Tenth Circuit · Mar 13, 2018

The district court denied Cannon’s request for qualified immunity. … Procedural Background Cannon filed a motion for summary judgment, claiming he was entitled to qualified immunity. 2 He asserted that to establish a violation of the Free Exercise Clause, Ralston “must show that his

Troy Rokusek v. Cody Jansen

899 F.3d 544 · Court of Appeals for the Eighth Circuit · Aug 8, 2018

To overcome Trooper Jansen’s claim of qualified immunity, Rokusek must show the violation of a constitutional right that was clearly established at the time of the violation. See Gilmore v. … We now turn to the second prong of the qualified immunity test: whether the right was clearly established at the time of the violation.

Strathie v. Department of Transportation of Pennsylvania

547 F. Supp. 1367 · District Court, E.D. Pennsylvania · Oct 1, 1982

Thus, under Wood , the immunity defense would be unavailable to defendants if the constitutional rights allegedly infringed by them were clearly established at the time of the challenged conduct, if they knew or should have … that their actions would violate clearly established constitutional rights.

Eunice Winzer v. Kaufman County

916 F.3d 464 · Court of Appeals for the Fifth Circuit · Feb 18, 2019

alleged show the officer’s conduct violated a constitutional right;’ and second, ‘whether the right was clearly established.’” … The majority has correctly concluded that Officer Hinds is entitled to qualified immunity due to the lack of clearly established law.

Hubbard v. Board of Education

19 Kan. App. 2d 853 · Court of Appeals of Kansas · Jun 24, 1994

In this case, the defendants argue they were entitled to qualified immunity. … The district court correctly held the Board had not violated a clearly established law and was entitled to qualified immunity for its actions.

López-Ramos v. Municipality of Cataño

556 F. Supp. 2d 59 · District Court, D. Puerto Rico · Feb 21, 2008

The sec ond inquiry is whether the law was clearly established at the time of the violation. See Savard, 338 F.3d at 27 . … Rather, it makes the blanket and general assertion that its officers are entitled to immunity because their conduct did not violate any clearly established constitutional rights. 1.

Braswell v. Board of Regents of the University System of Georgia

369 F. Supp. 2d 1371 · District Court, N.D. Georgia · Apr 26, 2005

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or con *1377 stitutional rights of which a reasonable … This, however, does not end the inquiry with respect to the Defendants’ claim of qualified immunity. The doctrine of qualified immunity originated in Harlow v.

Walter v. Morton

33 F.3d 1240 · Court of Appeals for the Tenth Circuit · Aug 30, 1994

the claim of qualified immunity. … If he was discharged in retaliation to his report, this would constitute a violation of a clearly established constitutional right.

Kaufhold v. Bright

835 F. Supp. 294 · District Court, W.D. Virginia · Sep 30, 1993

Qualified immunity protects public officials from liability for money damages when their challenged conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have known … To analyze a claim of qualified immunity, a court should: (1) identify the specific constitutional right implicated; (2) determine that the right was clearly established at the time of the alleged violation; and (3) consider