Case law

Williams v. Heard

533 F. Supp. 1153 · District Court, S.D. Texas · Mar 8, 1982

With respect to the second prong, the reasonableness requirement, the court stated that qualified immunity defense is not available where the constitutional right infringed by defendants was clearly established at the time … Applying this to the facts of the case, the Fifth Circuit held that the lower court’s finding of qualified immunity was clearly erroneous because the defendant’s actions were not reasonable.

Amanda Sumpter v. Wayne Cty.

868 F.3d 473 · Court of Appeals for the Sixth Circuit · Aug 18, 2017

It asks whether our case law clearly establishes Officer Graham’s justification for the group searches as a legitimate one. Infra at 494-96. But that’s not how qualified immunity works. … To overcome an officer’s request for immunity, the plaintiff must show that the “right” she seeks to vindicate is clearly established, not that the officer’s justification is not clearly established. Wegener v.

Courtney Adams v. Blount Cty., Tenn.

946 F.3d 940 · Court of Appeals for the Sixth Circuit · Jan 8, 2020

standard and violated Edwards’s clearly established rights. … Defendant Burns asserts “the defense of qualified immunity, which shields government officials from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Hunt v. Sapien

480 F. Supp. 2d 1271 · District Court, D. Kansas · Mar 29, 2007

No Clearly Established Law Even if Mr. … Hunt had established a constitutional violation sufficient to overcome the first prong of qualified immunity, he has not shown that the right was clearly established at the time he was placed in administrative segregation

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.

McBride v. Village of Michiana

100 F.3d 457 · Court of Appeals for the Sixth Circuit · Nov 14, 1996

After remand, the defendants then filed a motion for summary judgment, this time seeking dismissal of McBride’s claims on the basis of qualified immunity because of their belief that “there was no clearly established law … S. -, 115 S.Ct. 1400 , 131 L.Ed.2d 288 (1995), this court then stated that the “right of free speech was ‘clearly established’ for qualified immunity purposes.

Fijalkowski v. Wheeler

361 F. Supp. 3d 577 · District Court, E.D. Virginia · Feb 12, 2019

Yet importantly, the well-established, judicially-created 5 defense of qualified immunity shields federal and state officials from civil liability under § 1983"unless their actions violated 'clearly established statutory … qualified immunity from plaintiff's due process claim.

Theresa J. HEDGE, Plaintiff-Appellant, v. COUNTY OF TIPPECANOE, Et Al., Defendants-Appellees

890 F.2d 4 · Court of Appeals for the Seventh Circuit · Nov 17, 1989

Following an unsuccessful motion to dismiss, Defendant Gibson’s counsel moved for summary judgment on the basis of qualified immunity, asserting that the constitutional rights Hedge alleged were not clearly established at … of qualified immunity.

Amezquita v. Garcia-Cortez

District Court, N.D. California · Jul 3, 2024

No. 32 at 26-27. 12 The defense of qualified immunity protects “government officials . . . from liability 13 for civil damages insofar as their conduct does not violate clearly established statutory or 14 … U.S. at 194); Henry A., 678 F.3d at 1000 (qualified immunity analysis 11 requiring (1) determining the contours of the clearly established right at the time of the 12 challenged conduct and (2) examining whether a

Ciarametaro v. City of Gloucester

87 F.4th 83 · Court of Appeals for the First Circuit · Nov 28, 2023

The district court held that the City Officials were therefore entitled to qualified immunity. … was "clearly established" at the time of the challenged conduct.

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 .

Peak Alarm Co., Inc. v. Salt Lake City Corp.

654 Utah Adv. Rep. 4 · Utah Supreme Court · Apr 16, 2010

The doctrine of qualified immunity operates by insulating government employees "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Howe's right to be free from unreasonable seizure was clearly established at the time of the alleged unlawful conduct.

Brad Williams v. Horace Walters

772 F.3d 1307 · Court of Appeals for the Eighth Circuit · Dec 8, 2014

or statutory right; and (2) the right was clearly established at the time of the deprivation.” … established constitutional rights, Walters is not entitled to qualified immunity.

Kennedy v. City of Ridgefield

411 F.3d 1134 · Court of Appeals for the Ninth Circuit · Jun 22, 2005

If Shields’s conduct did not violate Plaintiffs clearly established constitutional rights, he is entitled to qualified immunity. We now turn to those questions. B. … This doctrine was clearly established by the time the events of this case took place. Accordingly, the trial court’s denial of Shields’s motion for summary judgment based on qualified immunity is hereby AFFIRMED.

Palmieri v. Clark County

Court of Appeals of Nevada · Dec 31, 2015

Ct. 305, 308 (2015) ("The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established .. … A searching officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information

Renalde v. CITY AND COUNTY OF DENVER, COLORADO

807 F. Supp. 668 · District Court, D. Colorado · Dec 1, 1992

A § 1983 defendant enjoys qualified immunity unless he violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Therefore, this claim, even if cognizable, was not clearly established at the time of the alleged violation and Rathburn, Watts, and Organ are entitled to qualified immunity. VII.

El Paso Independent School District v. McIntyre

457 S.W.3d 475 · Court of Appeals of Texas · Aug 6, 2014

and qualified immunity. … The test for qualified immunity requires the court to engage in a two part inquiry: (1) whether a public official’s conduct violated a constitutional or statutory right; and (2) whether the right was “clearly established

Jones v. Las Vegas Metropolitan Police Department

873 F.3d 1123 · Court of Appeals for the Ninth Circuit · Oct 20, 2017

Clearly Established Law - Because defendants may have committed constitutional violations, we turn to the second element of' qualified immunity: whether there was clearly established law. Defendants rely on Brooks v. … qualified immunity).

Suboh v. City of Revere, Mass.

141 F. Supp. 2d 124 · District Court, D. Massachusetts · Mar 30, 2001

In light of its unclear boundaries and qualified nature, however, courts have been hesitant to hold that the abstract right to familial integrity is clearly established for the purposes of qualified immunity in the absence … immunity, based on a claim that the right to family integrity was not clearly established, will fail.

Jerome Polenz and Donna Polenz v. Thomas Parrott and Russell Borland

883 F.2d 551 · Court of Appeals for the Seventh Circuit · Aug 22, 1989

For purposes of qualified immunity, it is not enough to assert that a broad or abstract right, such as the right to due process or the right to exclusive use and enjoyment of one’s land, is clearly established. … For example, the qualified immunity question might be whether at the time in question it was clearly established that the alleged constitutional violation could arise from "reckless" rather than "intentional” conduct.