Case law

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.

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

Martel v. TOWN OF SOUTH WINDSOR

562 F. Supp. 2d 353 · District Court, D. Connecticut · Jun 12, 2008

Qualified Immunity Determination Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Thus, a qualified immunity defense is established where “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Joseph C. Booker, D/B/A Booker Trucking Company v. City of Atlanta, a Municipal Corporation, F. M. Couvillion

776 F.2d 272 · Court of Appeals for the Eleventh Circuit · Jan 9, 1986

Even if unintended, such an effect could constitute police “intervention and aid” sufficient to establish state action. See Menchaca, 613 F.2d at 513 ; Jeffries v. … If Couvillion’s actions were within the scope of his official duties, he is immune from suit if he acted under a good faith belief that the actions were legal. See Clark v.

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.

Craig Brown v. georgiacarry.org, Inc.

331 Ga. App. 890 · Court of Appeals of Georgia · Apr 10, 2015

And in the context of a § 1983 claim, qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory … That appeal was from the denial of a motion to suppress in a criminal prosecution, not a claim of qualified immunity in a § 1983 action.

Derrick Williams v. Michael O'leary, Clyde E. Nash, Leroy Banks

55 F.3d 320 · Court of Appeals for the Seventh Circuit · May 25, 1995

Williams challenges both the district court’s implicit finding that Brewer and Kurian were public officials entitled to raise the qualified immunity defense and its explicit conclusion that it was not clearly established … The instant case clearly falls within the class of cases in which qualified immunity may be raised by a private defendant.

O'MALLEY v. City of Flint

652 F.3d 662 · Court of Appeals for the Sixth Circuit · Jul 26, 2011

Generally, summary judgment based on qualified immunity is proper if the officer was not on notice that his conduct was clearly unlawful. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir.2002). … established”).

Drake v. Scott

812 F.2d 395 · Court of Appeals for the Eighth Circuit · Feb 20, 1987

defendant state officials had violated clearly established rights to free speech. … In addition, in the present case the question of qualified immunity itself depends in large part on whether defendants knew or should have known that Drake had a clearly established property interest in the job at the time

Buckner v. SHETTERLEY

621 F. Supp. 2d 1300 · District Court, M.D. Georgia · Dec 15, 2008

DISCUSSION Defendant argues that Plaintiff failed to produce sufficient evidence at trial to defeat Defendant’s entitlement to qualified immunity and that it was not “clearly established” that her conduct violated Plaintiffs … For purposes of qualified immunity, the Eleventh Circuit has identified three sources of “clearly established” law.

Owens v. City of New York

183 A.D.3d 903 · Appellate Division of the Supreme Court of the State of New York · May 27, 2020

If the officer's actions did not violate a clearly established right or law, or if it was objectively reasonable for an officer to believe that his actions did not violate a clearly established right or law, his or her actions … event, he is entitled to qualified immunity for any such alleged failure ( see Boyd v City of New York , 149 AD3d at 686 ).

City of Phoenix v. Superior Court

180 Ariz. 472 · Court of Appeals of Arizona · Aug 4, 1994

The agents asserted qualified immunity as a defense. … the defendant’s version of the facts, the defendant’s conduct violated a clearly established law.

Gonzalez, Gonzalez, Gonzalez v. Reno, Meissner, Holder, Mills, INS Agent

325 F.3d 1228 · Court of Appeals for the Eleventh Circuit · Mar 25, 2003

The defense of qualified immunity completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates “clearly established statutory or constitutional … It is therefore appropriate for a district court to grant the defense of qualified immunity at the motion to dismiss stage if the complaint “fails to allege the violation of a clearly established constitutional right.”

Joe Carollo v. Luigi Boria

833 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Aug 17, 2016

the alleged violation “clearly established” those rights (the “immunity” prong). … “So conceived, the object of the ‘clearly established’ immunity standard is not different from that of ‘fair warning,’” United States v.

Lewis v. Guerrero

978 S.W.2d 689 · Texas Court of Appeals, 13th District · Nov 5, 1998

Qualified immunity may thus be properly invoked to protect “government officials performing discretionary functions to the extent their conduct does not violate clearly established statutory or constitutional rights of which … Nevertheless, we stated he did not prove his defense of qualified immunity because he did not establish the “good faith element.” 6 Guerrero, 946 S.W.2d at 573 .

Laubinger v. Department of Revenue

41 Mass. App. Ct. 598 · Massachusetts Appeals Court · Nov 14, 1996

Whether an asserted right was clearly established at a particular time so that a public official who allegedly violated the right has no qualified immunity “presents a question of law” which “must be resolved de novo on appeal … Accordingly, we hold Fay is entitled to qualified immunity.

Praisner v. State

189 Conn. App. 540 · Connecticut Appellate Court · Apr 30, 2019

The state argues that because the plaintiff has not established that he falls clearly within any of the classifications of individuals specified therein, sover- eign immunity bars his action for monetary relief. … To avoid dismissal, the allega- tions of his complaint, construed in their most favorable light, must establish either that his indemnification action falls clearly within a statutory waiver of sover- eign immunity or that

James Boyd v. Mickey Owen and Leslie Foott

481 F.3d 520 · Court of Appeals for the Seventh Circuit · Mar 22, 2007

That does not end the inquiry, however, because qualified immunity nevertheless protects the defendants unless the constitutional right that was violated was clearly established. … He has failed to meet his burden of demonstrating that the constitutional violation was clearly established, and the defendants are entitled to qualified immunity.

Hall v. Sutton

581 F. App'x 580 · Court of Appeals for the Seventh Circuit · Nov 5, 2014

Qualified immunity “protects government officials from suit for damages when their conduct does not violate clearly established statutory or constitutional rights.” Pearson v. … Courts may address the two prongs of qualified immunity in either order. Pearson, 555 U.S. at 236 , 129 S.Ct. 808 .

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 . . . .").