Case law

Elwell v. Byers

699 F.3d 1208 · Court of Appeals for the Tenth Circuit · Nov 14, 2012

The defendants asserted qualified immunity with respect to both claims. … To overcome a defense of qualified immunity, a plaintiff must show: (1) that the official’s actions violated a constitutional right and (2) that the right was clearly established at the time of the action. Id.

Dorsey v. Barber

517 F.3d 389 · Court of Appeals for the Sixth Circuit · Feb 21, 2008

We may only review the denial of qualified immunity to the extent that the “appeal involves the abstract or pure legal issue of whether the facts alleged by the plaintiff constitute a violation of clearly established law. … (2) whether that right was clearly established.”

Roberts v. City of Forest Acres

902 F. Supp. 662 · District Court, D. South Carolina · Aug 21, 1995

not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The touchstone of qualified immunity is the “ ‘objective legal reasonableness’ of the [officer’s] action assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

Whitney v. City of Milan

677 F.3d 292 · Court of Appeals for the Sixth Circuit · Apr 24, 2012

Crider appeals the district court’s order which denied his motion for summary judgment on the basis that he violated a clearly established constitutional right, and as such, is not entitled to qualified immunity. … Qualified Immunity on a Prior-Restraint Claim Government officials are immune from civil liability under 42 U.S.C. § 1983 when performing discretionary duties, provided “their conduct does not violate clearly established

Triad Associates, Inc., D/B/A Guardian Security, Jk Guardian Security Services, Inc., and K & J Management, Inc. v. Renault Robinson

10 F.3d 492 · Court of Appeals for the Seventh Circuit · Nov 24, 1993

and (2) were the constitutional standards clearly established at the time in question?”). … The defendant asserted that he should be entitled to qualified immunity, arguing that at the time of his conduct the law failed to clearly establish that a judge’s absolute immunity does not extend to hiring and firing decisions

Horne v. Coughlin

178 F.3d 603 · Court of Appeals for the Second Circuit · May 21, 1999

immunity because the right was not clearly established at the time of the alleged violation. … the right was not yet clearly established.

Galvin v. Lloyd

663 F. Supp. 1572 · District Court, D. Connecticut · Jul 13, 1987

The relevant language from Mitchell reads: "Unless the plaintiffs allegations state a claim of violation of clearly established law, the defendant pleading qualified immunity is entitled to dismissal before the commencement … To some extent, the parties have already addressed the substance of the “clearly established” standard in their immunity briefs: the litigants may rely on those briefs if the defendants’ qualified immunity challenge arises

Huron Valley Hospital, Inc. v. City of Pontiac

792 F.2d 563 · Court of Appeals for the Sixth Circuit · May 30, 1986

This is not a simple conclusion that the law is clearly established as is necessary with qualified immunity. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), test for applying qualified immunity requires a finding that the official conduct “does not violate clearly established statutory or constitutional rights

Gant v. United States Probation Office

994 F. Supp. 729 · District Court, S.D. West Virginia · Feb 13, 1998

In contrast to absolute immunity, qualified immunity shields a government official from liability for civil monetary damages if the official’s conduct does not violate clearly established statutory or constitutional rights … First, the court finds that Gant has failed to allege the violation of a clearly" established right.

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.

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.

Coleman v. Sopher

201 W. Va. 588 · West Virginia Supreme Court · Dec 18, 1997

for determining qualified immunity in syllabus point 3 of Clark v. … [the West Virginia Governmental Tort Claims and Insurance Reform Act], 7 is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate *596 clearly established laws of

Stevenson v. Toce

113 F.4th 494 · Court of Appeals for the Fifth Circuit · Aug 22, 2024

Clearly established Next, Stevenson must demonstrate that the violation of his rights was “clearly established.” Cooper, 844 F.3d at 522. … Jackson clearly established that such circumstances, if proven true, violate the Eighth Amendment.

Kies v. City of Aurora

149 F. Supp. 2d 421 · District Court, N.D. Illinois · Jun 5, 2001

The Seventh Circuit has noted in the context of qualified immunity that if the plaintiffs’ initial pleadings themselves, taken as true, fail to adequately allege the violation of any clearly established right, dismissal for … The doctrine of qualified immunity shelters government officials from civil liability in their individual capacities as long as their conduct does not violate clearly established statutory or constitutional rights of which

McVey v. Stacy

157 F.3d 271 · Court of Appeals for the Fourth Circuit · Sep 10, 1998

right and, if so, whether the constitutional right allegedly violated was clearly established at the time the defendant acted. … violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Kincade v. City of Blue Springs

64 F.3d 389 · Court of Appeals for the Eighth Circuit · Aug 25, 1995

“Public officials are entitled to qualified immunity when their ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Buzek v. … law, cannot be “clearly established.”

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 .

Oliver v. Arnold

19 F.4th 843 · Court of Appeals for the Fifth Circuit · Dec 15, 2021

Under the doctrine of qualified immunity, a § 1983 plaintiff must state not only a constitutional violation, but a “clearly established” one. … Rejecting a 3 For the same reasons, the teacher should at a minimum have received qualified immunity because he did not violate any clearly established law.

Maness v. Daily

Alaska Supreme Court · Aug 16, 2013

Fitzgerald.17 Under this standard, qualified immunity shields public officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … established.”27 In short, because Maness cannot show pursuant to his theory of liability that the troopers violated any of his clearly established rights, the troopers are protected by qualified immunity from Maness’s excessive

Bouchard v. Whetstone

772 F. Supp. 2d 1352 · District Court, D. Colorado · Feb 24, 2011

To overcome a claim of qualified immunity, the plaintiff first must establish “that the defendant’s actions violated a constitutional or statutory right.” Albright v. … QUALIFIED IMMUNITY Officers Whetstone and Jimenez assert the defense of qualified immunity. *1359 Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability