Case law

Robert Shumate v. City of Adrian, Mich.

44 F.4th 427 · Court of Appeals for the Sixth Circuit · Aug 10, 2022

On appeal, Officer Powers asserts that he is entitled to qualified immunity because the force was not unconstitutionally excessive or, alternatively, that the law violated was not clearly established. … Powers’ use of force amounted to a violation of Shumate’s clearly established rights—the second prong of the qualified immunity analysis.

Keylon v. City of Albuquerque

535 F.3d 1210 · Court of Appeals for the Tenth Circuit · Aug 5, 2008

Fitzgerald, 457 U.S. 800 (1982)], the Court reconsidered the standard it previously had established for the affirmative defense of qualified or ‘good faith’ immunity.” Lutz v. Weld County Sch. … The clearly established test is whether the officer acted objectively reasonably. Harlow, 457 U.S. at 818-19.

Barnes v. LAPORTE COUNTY

621 F. Supp. 2d 642 · District Court, N.D. Indiana · Jan 7, 2008

In determining whether an official is entitled to qualified immunity, a plaintiff must first allege the deprivation of an actual constitutional right that is clearly established. Doyle v. … Shuter may or may not be entitled to qualified immunity, but Shuter has failed to adequately establish that qualified immunity exists as a basis for dismissal. 4 Shuter’s motion to dismiss is DENIED. [Doc. No. 18.].

Estate of Lee Ex Rel. Lee v. Spokane

2 P.3d 979 · Court of Appeals of Washington · Jun 15, 2000

Police officers have qualified immunity from liability for civil damages for conduct that "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Id. … Entitlement to qualified immunity may be established, and was established here, as a matter of law. Robinson v. City of Seattle, 119 Wash.2d 34, 65 , 830 P.2d 318 (1992). By the plaintiffs' own account, Mr.

JaQuan Bradford v. Ilona Avery

855 F.3d 890 · Court of Appeals for the Eighth Circuit · May 1, 2017

The district court decided that defendants were entitled to qualified immunity because Bradford could "not prove and has not produced any evidence that defendants should have been aware of a breach of a clearly established … A government official is entitled to qualified immunity from personal liability unless "the facts shown by the plaintiff make out a violation of a constitutional or statutory right" and "that right was clearly established

Richard Crouse v. Town of Moncks Corner

848 F.3d 576 · Court of Appeals for the Fourth Circuit · Feb 15, 2017

Because the first two prongs of the test are questions of law, an employer is entitled to qualified immunity if either prong cannot be resolved under clearly established law. … To defeat a qualified immunity defense, a plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”

Marine Maria Quives v. Rick Campbell and Jedd Blessing

934 F.2d 668 · Court of Appeals for the Fifth Circuit · Jul 1, 1991

The court held that the defendants are entitled to. qualified immunity because “Campbell and other state officials could not reasonably be charged with knowledge that they might be violatr ing a clearly established right … the constitutional issues,” “[e]oncluding that the asserted federal statutory rights were clearly and particularly established at the time of the alleged wrongs....”

Darrin Gruenberg v. Debra Gempeler

697 F.3d 573 · Court of Appeals for the Seventh Circuit · Sep 26, 2012

To defeat a claim of qualified immunity, Gruenberg must show that the defendants violated a constitutional right and demonstrate that the right in question was clearly established at the time of the alleged violation. … Thus, when analyzing a qualified immunity defense, courts consider whether the alleged facts demonstrate a constitutional violation, and whether the constitu- tional right was clearly established. Pearson v.

Langley v. Adams County

987 F.2d 1473 · Court of Appeals for the Tenth Circuit · Mar 3, 1993

Once a defendant asserts the affirmative defense of qualified immunity, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.” [Pueblo Neighborhood Health Ctrs., Inc. v.] … Plaintiff has thus met her burden of showing clearly established law governing her First Amendment claim. Defendants assert two factual bases for their qualified immunity defense.

Beatrice Luna v. Texas Department of Pub Sf

773 F.3d 712 · Court of Appeals for the Fifth Circuit · Dec 19, 2014

Discussion The doctrine of qualified immunity shields “government officials performing discretionary functions. . . from liability for civil damages insofar as their conduct does not violate clearly established statutory … Clearly Established Law Under the second prong of the qualified immunity analysis, plaintiffs must show that Mullenix’s actions violated a constitutional right that was sufficiently clearly established.

Jesse Redmond v. Isaac Fulwood, Jr.

859 F.3d 11 · Court of Appeals for the D.C. Circuit · Jun 9, 2017

Qualified immunity shields federal and state officials from suits for money damages unless a plaintiff shows both that (i) the official violated a statutory or constitutional right, and (ii) that right was “clearly established … Fourth, Fulwood is entitled to qualified immunity for Redmond’s allegation of bias arising from the nature of his crime because there is no clearly established right for parole- eligible prisoners to be treated equally in

Cole Spencer v. Aaron Pew

117 F.4th 1130 · Court of Appeals for the Ninth Circuit · Sep 16, 2024

As to this force, the panel affirmed the district court’s grant of qualified immunity based solely on the second, “clearly established law” prong of the qualified immunity test. … The district court concluded that Officers Pew and Rozema were shielded by qualified immunity because no clearly established law prohibited the degree of force they used in arresting Spencer.

Mercado-Gracia v. United States

District Court, D. New Mexico · May 14, 2024

Petitioner therefore asks the Court to dismiss the firearm charge as unproven as a matter of established federal law. Pet at 5-7. … Taylor, 529 U.S. 362, 390 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”).

Chiu v. Plano Independent School District

339 F.3d 273 · Court of Appeals for the Fifth Circuit · Jul 16, 2003

However, the qualified immunity doctrine only protects officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Objective Reasonableness Although Davis and Criswell violated Kirke and Johnson’s clearly established rights, they are nonetheless entitled to qualified immunity if they can show that their actions were objectively

Lodato v. Ortiz

314 F. Supp. 2d 379 · District Court, D. New Jersey · Apr 16, 2004

established right, summary judgment based on qualified immunity is inappropriate in this case. … determine whether the alleged constitutional right is clearly established.

Kingsmill v. Szewczak

117 F. Supp. 3d 657 · District Court, E.D. Pennsylvania · Jul 30, 2015

Qualiñed Immunity Officer Szewczak argues' that he is entitled to qualified immunity because “it was not clearly established oh February 9, 2014, that calling a person over to a patrol car and failing to warn that person … Qualified immunity shields government officials from liability for civil damages to the extent that their conduct did not violate clearly-established constitutional rights of which a reasonable officer would have known.

Sample v. Bailey

337 F. Supp. 2d 1012 · District Court, N.D. Ohio · Aug 24, 2004

The qualified immunity doctrine provides “that governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … A “Clearly Established” Right? To overcome the bar of quali-fied immunity, a plaintiff must show that a right was clearly established in the law at the time the alleged violation occurred.

Mark Campbell v. Cheatham County Sheriff's Dep't

47 F.4th 468 · Court of Appeals for the Sixth Circuit · Aug 29, 2022

Therefore, we turn to whether the right was clearly established. 3 An officer is not entitled to qualified immunity if he violates a constitutional right … “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 known.”

Wettersten v. Chillicothe City School District Board of Education

District Court, S.D. Ohio · May 27, 2022

Kammer, 955 F.3d 520, 540–41 (6th Cir. 2020) (holding parents’ right to make decisions concerning the care and custody of their children without government interference was clearly established). … City of New York, 775 F.3d 538 (2d Cir. 2015) (affirming decision that state statute and regulation excluding children not immunized from school during disease outbreak was constitutional despite parental objection).

Gray v. Baker

399 F.3d 1241 · Court of Appeals for the Tenth Circuit · Mar 1, 2005

In particular, Baker and Nero argue it was “not ‘clearly established’ statutory law that [they] c[ould] be sued under the FMLA as individuals,” and thus they are entitled to qualified immunity from that claim. … appeal whether the challenged action by the defendant officials [wa]s a violation of federal law at all, clearly established or not.”