Case law

Brown v. City of Oneonta, NY

858 F. Supp. 340 · District Court, N.D. New York · Jul 18, 1994

Wilson and Hunt claim that the court applied the qualified immunity test improperly and assert that they cannot be held liable under 42 U.S.C. § 1983 unless it was clearly established that an exception to FERPA did not apply … Yet, even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate

Acevedo-Garcia v. Vera-Monroig

204 F.3d 1 · Court of Appeals for the First Circuit · Feb 17, 2000

work conditions and responsibilities was "clearly established." … Fitzgerald, 457 U.S. 800, 818-19 (1982) ("If the law was clearly established, the immunity defense ordinarily should fail . . . .").

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.

Gilmore v. Bostic

659 F. Supp. 2d 755 · District Court, S.D. West Virginia · Sep 22, 2009

in a prison’s sex offender treatment program is not clearly established. … immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

Get Away Club, Inc. v. Vic Coleman, Jim Snyder

969 F.2d 664 · Court of Appeals for the Eighth Circuit · Jul 13, 1992

“If the law was clearly established, the [qualified] immunity defense ordinarily should fail, since a reasonably competent public official should know the law *667 governing [one's] conduct." Harlow v. … Accordingly, the troopers are entitled to qualified immunity on Get Away’s civil claim for monetary damages.

MacIas v. County of Los Angeles

50 Cal. Rptr. 3d 364 · California Court of Appeal · Oct 27, 2006

violation, the right was not clearly established. … immunity because the right at issue was not clearly established).

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.

Gonzalez-Perez v. Davila

680 F. Supp. 2d 347 · District Court, D. Puerto Rico · Jun 8, 2009

The defense of qualified immunity protects an official who violated the plaintiffs federally protected right as long as the official did not violate clearly established federal law at the time he acted. Harlow v. … The “clearly established” prong of the qualified immunity defense for a supervisor is satisfied “when (1) the subordinate’s actions violated a clearly established constitutional right, and (2) it was clearly established that

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.

Fadwa Safar v. Lisa Tingle

859 F.3d 241 · Court of Appeals for the Fourth Circuit · Jun 7, 2017

Determining whether qualified immunity applies therefore presents a two-pronged inquiry: “whether the facts ... make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’ at … Rather, the “clearly established law must be ‘particularized’ to the facts of the case” so as to avoid transforming qualified immunity into “a rule of virtually unqualified liability.” Id.

Octavio Delgado v. Police Chief Arthur Jones and Deputy Chief Monica Ray

282 F.3d 511 · Court of Appeals for the Seventh Circuit · May 2, 2002

Moreover, in the context of a qualified immunity defense, “The plaintiff bears the burden of establishing the existence of a clearly established constitutional right.” Donovan, 17 F.3d at 951 -52 (citing Rakovich v. … After establishing that the plaintiff has adequately alleged a violation of a constitutional right, the second level of inquiry in a qualified immunity analysis involves whether the law was “clearly established” at the time

Chadha v. Charlotte Hungerford Hospital

77 Conn. App. 104 · Connecticut Appellate Court · May 27, 2003

, the qualified immunity provided by §§ 19a-20 and 19a-17b and the absolute immunity provided by the common law are concurrent; that is, that “where both an absolute and qualified immunity apply, the absolute immunity trumps … judgment on the basis of qualified immunity.

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

Rexford Kipps, Carol Kipps and Kyle Kipps v. James Caillier, Ray Authement, Nelson J. Schexnayder, Jr., and Nelson Stokley

197 F.3d 765 · Court of Appeals for the Fifth Circuit · Dec 6, 1999

Government officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Even if defendants violated Kipps’s clearly established constitutional right, they are still entitled to qualified immunity if their actions were objectively reasonable.

Buehler v. Dear

27 F.4th 969 · Court of Appeals for the Fifth Circuit · Mar 3, 2022

Since “[t]he extent of an injury is an element of an excessive force claim that must be clearly established in . . . the qualified immunity analysis,”57 we disagree with Buehler that these decisions would have put … long after Buehler’s arrest, the case plays a limited role in a qualified-immunity inquiry, which turns on whether the unlawfulness of a defendant’s conduct was clearly established at the time it occurred.

Monroe Ex Rel. C.B.D. v. McNairy County

520 F. Supp. 2d 917 · District Court, W.D. Tennessee · Nov 6, 2007

When the defense of qualified immunity is raised, the plaintiff bears the burden of establishing that the “contours” of the constitutionally right allegedly violated were sufficiently clear, at the time of the alleged violation … Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)) (Qualified immunity shields police officers from suit if a reasonable officer could have believed the plaintiffs arrest to be lawful, in light of clearly established

Brandon Peterson v. Cmdr. Roger Heinen

89 F.4th 628 · Court of Appeals for the Eighth Circuit · Dec 26, 2023

To decide whether the district court should have granted qualified immunity, we ask if the facts “demonstrate the deprivation of a constitutional or statutory right” and if “the right was clearly established at the time of … Because the facts, even when viewed in the light most favorable to Peterson, do not support the violation of a clearly established right, we reverse.

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.

Hardy v. Fischer

701 F. Supp. 2d 605 · District Court, S.D. New York · Mar 31, 2010

Qualified Immunity 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 rights of which … are accordingly entitled to qualified immunity.

Tschida v. Motl

250 F. Supp. 3d 709 · District Court, D. Montana · Apr 18, 2017

The Court may begin the qualified immunity analysis by considering first “whether1 theré is a-violation of-clearly established law . without determining whether a constitutional violation occurred.” … The Court also affirmed the magistrate judge’s ruling that the right was clearly established, and, therefore, qualified immunity was not available to the officials. Id.