Case law

Jorden Brown v. Samuel Giles

95 F.4th 436 · Court of Appeals for the Sixth Circuit · Mar 5, 2024

Officer Giles argues he’s entitled to qualified immunity. To overcome that immunity, Brown must show it’s clearly established that tasing him in this particular context was excessive. See Pearson v. … Qualified immunity demands no such thing. Regardless, the relevant law is clearly established here.

Wilkerson v. University of North Texas ex rel. Board of Regents

223 F. Supp. 3d 592 · District Court, E.D. Texas · Nov 30, 2016

Qualified and Official Immunity Defendants assert qualified and official immunity with regard to all of Plaintiffs claims against the Individual Defendants. … Seitz, the Sixth Circuit held that an engagement was not a clearly established right that could overcome qualified immunity. 38 F.3d 264, 275-76 (6th Cir. 1984).

Timothy Ryan v. Burlington County, New Jersey Appeal of William H. Fauver, Commissioner of Corrections, and Joseph Call, Deputy Director

860 F.2d 1199 · Court of Appeals for the Third Circuit · Nov 2, 1988

violated clearly established law. … clearly established duty towards plaintiff.

Zion v. Nassan

283 F.R.D. 247 · District Court, W.D. Pennsylvania · Jun 27, 2012

Nassan’s answer included “additional qualified immunity allegations.” (ECF No. 98 14-22, ¶¶ 1-47.) On November 23, 2010, the plaintiffs moved to strike the “additional qualified immunity allegations.” (ECF No. 103.) … The plaintiffs’ allegations, which are assumed to be true at this stage, establish that Nassan violated Haniotakis’ clearly-established right to be free from deadly “seizures.”

Doe v. Knox County Board of Education

918 F. Supp. 181 · District Court, E.D. Kentucky · Mar 6, 1996

Qualified Immunity The Board members and superintendent argue that they are entitled to qualified immunity with regard to the claims against them in their individual capacities. … Government officials performing discretionary functions generally are immune from personal liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional rights of which

Marlowe v. LeBlanc

Court of Appeals for the Fifth Circuit · Jun 10, 2022

The first question is (a) whether Stewart violated a clearly established right. … See, e.g., Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining qualified immunity applies “unless,” among other things, the defendant violated a “right [that] was clearly established at the time of the challenged

Sullivan v. United States Postal Service

944 F. Supp. 191 · District Court, W.D. New York · Nov 5, 1996

Qualified Immunity Defense It is clear that summary judgment must be granted as to Brown on the basis of qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official if it is objectively reasonable for [the official] to believe that his acts did not violate those rights.” Russell v.

Chavez v. County of Bernalillo

3 F. Supp. 3d 936 · District Court, D. New Mexico · Jan 31, 2014

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualifíed Immunity Analysis.

Achterhof v. Selvaggio

757 F. Supp. 837 · District Court, W.D. Michigan · Feb 27, 1991

In searching for clearly established constitutional rights for qualified immunity purposes, a district court ... must find binding precedent by the Supreme Court, its court of appeals or itself. … In an extraordinary case, it may be possible for the decisions of other courts to clearly establish a principle of law.

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

Montville v. Lewis

87 F.3d 900 · Court of Appeals for the Seventh Circuit · Jul 1, 1996

Cabrera, 58 F.3d 290, 292 (7th Cir.1995), and, finding that the defendants’ conduct did not violate “clearly established law” and thus was shielded by qualified immunity, we reverse. … In light of our conclusion that qualified immunity was proper as to the September search, it necessarily follows that using information gained during that inspection was reasonable and did not violate clearly established

Club Retro, L.L.C. v. Hilton

568 F.3d 181 · Court of Appeals for the Fifth Circuit · May 6, 2009

“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 a reasonable person … Id. 4 “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’ ” Kinney

Sorensen v. City of New York

42 F. App'x 507 · Court of Appeals for the Second Circuit · Jul 30, 2002

There are three ways a defendant can establish qualified immunity. See Robison v. Via, 821 F.2d 913, 920-21 (2d *510 Cir.1987). … As explained in Robison , qualified immunity may be warranted where, although the law was clearly established, “there was, at the time of the challenged [conduct], a legitimate unresolved question as to the existence of .

Ayeni Ex Rel. Ayeni v. CBS Inc.

848 F. Supp. 362 · District Court, E.D. New York · Apr 7, 1994

Qualified Immunity of Agent Mottola. … Qualified Immunity of CBS and Jor-gensen. Both CBS and Jorgensen claim qualified immunity.

Krein v. Norris

250 F.3d 1184 · Court of Appeals for the Eighth Circuit · May 22, 2001

Therefore, in light of this dispute, the Court is unable to determine, at this juncture that defendants' conduct did not violate plaintiff's clearly-established right to remain free from harm. 6 Krein v. … violated established law. 16 Arnott v.

Petta v. Rivera

143 F.3d 895 · Court of Appeals for the Fifth Circuit · Jun 30, 1998

Regarding the applicability of qualified immunity, we merely observed that “[u]se of excessive force in making an arrest violates clearly established rights, and the doctrine of qualified immunity therefore does not shield … Once an officer uses objectively unreasonable force to effect an arrest, he loses his qualified immunity, whether the other elements of an excessive force claim are clearly established or not.

Sargent v Town of Hudson

2017 DNH 210 · District Court, D. New Hampshire · Sep 27, 2017

This argument is a nonstarter, however, as the Supreme Court has made clear that in order to defeat qualified immunity, the clearly established right must be the federal right on which the claim for relief is based. … Whereas qualified immunity analysis typically focuses on whether the underlying right was clearly established during the relevant period, see, e.g., Belsito Commc’ns, Inc. v.

Edwards v. Department of Transportation

66 Wash. App. 552 · Court of Appeals of Washington · Jul 22, 1992

Qualified Immunity. … On the other hand, if the law was clearly established and the conduct of the official is violative of an individual's statutory or constitutional rights the immunity defense should fail. Harlow v.

Foley v. University of Houston System

355 F.3d 333 · Court of Appeals for the Fifth Circuit · Mar 6, 2003

Blake, 913 F.2d 226, 228 (5th Cir. 1990). 6 entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … However, the test for qualified immunity is whether the Appellees have asserted the deprivation of a statutory right under clearly established law.

Murcia v. County of Orange

226 F. Supp. 2d 489 · District Court, S.D. New York · Oct 4, 2002

the supervisor liable were clearly established at the time of the violation. … I conclude that Bigger is entitled to qualified immunity in this situation. In essence, plaintiff argues that Bigger cannot acquire qualified immunity by accident.