Case law

Raspardo v. Carlone

770 F.3d 97 · Court of Appeals for the Second Circuit · Oct 6, 2014

[and] [t]he second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” … established rights,” precluding a grant of qualified immunity. 85 F.3d at 67 .

Zeigler v. Kirschner

162 Ariz. 77 · Court of Appeals of Arizona · Oct 5, 1989

Additionally, the defense of qualified immunity based on an official’s objectively reasonable reliance on clearly established law is a personal one which is entirely unavailable to him in an action against him in his official … immunities established by A.R.S. §§ 12-820.01 and 12-820.02, respectively.

McAdoo v. Texas

565 F. Supp. 2d 733 · District Court, E.D. Texas · Sep 27, 2005

“A public official performing a discretionary function enjoys qualified immunity in a civil action, provided the conduct alleged did not violate clearly established federal statutory or constitutional rights of which a reasonable … “In addressing a claim of qualified immunity, a court must first determine whether the plaintiff has alleged a violation of a clearly established constitutional right, which is a purely legal question.” Id.

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.

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.

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

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

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

Michael J. Bakalis v. Jenni Golembeski Mark R. Stephens Merrill Becker James Durkin

35 F.3d 318 · Court of Appeals for the Seventh Circuit · Nov 8, 1994

However, a plaintiff may not escape the doctrine of qualified immunity by alleging violation of a clearly established, but very broad, constitutional right. [0]ur cases establish that the right the official is alleged to … Walker, 812 F.2d 304, 307-08 (7th Cir.1987), we explained: [The Harlow qualified immunity] test would have little bite if a right “clearly established” at any level of generality could survive it.

Hourigan v. Cassidy

131 N.M. 141 · New Mexico Court of Appeals · Jul 2, 2001

They contend that the trial court erred in denying their claim of qualified immunity. … “Government officials performing discretionary functions are entitled to qualified immunity from suit under § 1983 as long as ‘their conduct [did] not violate clearly established [federal] statutory or constitutional rights

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.

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.

Thurman King v. City of Rockford, MI

97 F.4th 379 · Court of Appeals for the Sixth Circuit · Mar 28, 2024

Qualified immunity shields officers from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Because King’s conduct “does not fit cleanly within” our existing excessive force case law, King cannot overcome the clearly established hurdle of qualified immunity. Rudlaff, 791 F.3d at 644 (quoting Cockrell 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.

Goodman v. Harris County

571 F.3d 388 · Court of Appeals for the Fifth Circuit · Jun 10, 2009

“The doctrine of qualified immunity shields government officials acting within their discretionary authority from liability when their conduct does not violate clearly established statutory or constitutional law of which … As previously noted, the defense of qualified immunity is a two-step inquiry: the allegation that a “clearly established constitutional right” was violated and the determination that “the official’s conduct was objectively

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.

Falkner v. Houston

974 F. Supp. 757 · District Court, D. Nebraska · Mar 6, 1997

The only issue to be decided by the court “is purely a legal one: whether the facts alleged (by the plaintiff, or, in some cases, the defendant) support a claim of violation of clearly established law.” … For the right to be clearly established, “[t]he 'contours' of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right ...