Case law

Leach v. New Mexico Junior College

132 N.M. 106 · New Mexico Court of Appeals · Feb 19, 2002

Second, we determine whether the constitutional right at issue was clearly established at the time of the alleged conduct. … Defendants have therefore failed to establish their entitlement to qualified immunity.

Brawley v. Washington

712 F. Supp. 2d 1208 · District Court, W.D. Washington · May 3, 2010

entitled to qualified immunity. … Plaintiff has shown evidence, if believed, that would demonstrate a violation of her clearly established rights, barring the qualified immunity defense. III.

Kutilek v. Gannon

132 F.R.D. 296 · District Court, D. Kansas · Sep 24, 1990

It is premised on the contention that the challenged conduct was undertaken in good faith or did not violate clearly established law or constitutional rights that a reasonable person would have known. … functions will be shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, is resolved, discovery

Archer v. Chisholm

188 F. Supp. 3d 866 · District Court, E.D. Wisconsin · May 26, 2016

She is entitled to qualified immunity unless (1) the plaintiff plausibly pleads that she violated a constitutional right, and (2) the constitutional right was clearly established at the time of the alleged violation. … Qualified immunity—validity of warrant Turning to qualified immunity, again, to overcome qualified immunity the plaintiff must plausibly allege that the defendants violated a constitutional right, and that the right was clearly

Cucuta v. New York City

25 F. Supp. 3d 400 · District Court, S.D. New York · Jul 3, 2014

(see cases cited at page 414 above), defendants alternatively are entitled to the protection of qualified immunity because the law is not clearly established and their actions were objectively reasonable. … The Officers are Entitled to Quali-fíed Immunity for the Ping of Cucuta’s Cell Phone Defendants also are entitled to qualified immunity for the pinging of Cueuta’s cell phone because the law is not clearly established and

Debbie Latits v. Lowell Phillips

878 F.3d 541 · Court of Appeals for the Sixth Circuit · Dec 27, 2017

Whether that Right was Clearly Established Even if Officer Phillips violated Latits’s constitutional right, he is entitled to qualified immunity if that right was not clearly established at the time of the violation—June … Thus, this case fails to satisfy the “clearly established” prong of the qualified immunity doctrine. III.

McKay v. City of Hayward

949 F. Supp. 2d 971 · District Court, N.D. California · Jun 11, 2013

In the absence of clearly established law, Officers Cox, Purnell, and Miller are entitled to qualified immunity from plaintiffs’ § 1983 claim. … Parks, 383 F.3d 1058, 1071 (9th Cir.2004) (denying qualified immunity to officers who failed to intervene where law clearly established use of force was excessive).

Barrett v. Miller

599 So. 2d 559 · Mississippi Supreme Court · Apr 22, 1992

Vincent, Jr. and Chris Robinson, the two deputies who conducted the search, on the grounds that the Barretts failed to allege facts that established that the search by the deputies lacked good faith or violated clearly established … The deputies argue that qualified or good faith immunity can only be abrogated upon a showing of a lack of good faith belief that the conduct was lawful; that the conduct violated a clearly established statutory or constitutional

Crow v. Montgomery

403 F.3d 598 · Court of Appeals for the Eighth Circuit · Apr 12, 2005

Pomeroy, 387 F.3d 949 , 954 (8th Cir.2004). 5 Qualified immunity shields government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … in qualified immunity cases is limited.

Chateaubriand v. Gaspard

97 F.3d 1218 · Court of Appeals for the Ninth Circuit · Oct 7, 1996

of qualified immunity. … The district court further denied summary judgment on qualified immunity grounds because “discharging a public employee in retaliation for protected speech violated clearly established law of which a reasonable person would

Wilcoxon v. City of Detroit Election Commission

301 Mich. App. 619 · Michigan Court of Appeals · Jul 11, 2013

DEFENDANT IS NOT ENTITLED TO IMMUNITY UNDER § 4 OF THE MMMA The language of § 4 indicates that a “qualifying patient” who has been issued and possesses a registry *609 identification card is immune from arrest and prosecution … In other words, the language establishing limited immunity in § 4 of the MMMA expressly conditions that immunity on the person possessing no amount of marijuana that does not qualify as usable marijuana under the applicable

James Spann v. George Lombardi

65 F.4th 987 · Court of Appeals for the Eighth Circuit · Apr 24, 2023

A public official is entitled to qualified immunity on a motion for summary judgment unless a plaintiff presents sufficient evidence to show that the official violated a clearly established right of the plaintiff. … The officials argue that they are entitled to qualified immunity on Spann’s due process claim, because Spann had no clearly established liberty interest in avoiding assignment to administrative segregation.

Jerome Berry v. Robb Sherman Roger Rutledge Susan Embree James J. Burgess Richard Fongemie, Sgt.

365 F.3d 631 · Court of Appeals for the Eighth Circuit · Apr 22, 2004

However, when an official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known, qualified immunity does not prevent suit by the injured party. … The more critical inquiry for qualified-immunity purposes is whether it was “objectively legally reasonable” for the prison officials to believe that his conduct did not violate the inmate’s clearly established Eighth Amendment

Engle v. Townsley

49 F.3d 1321 · Court of Appeals for the Eighth Circuit · Mar 7, 1995

Public officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … A reasonable official would have known that firing Engle in such circumstances would violate her clearly established first amendment rights.

Arthur Mitchell v. City of Naples

895 F.3d 365 · Court of Appeals for the Fifth Circuit · Jul 10, 2018

“Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law.” … Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or 4  Case: 17-40737 Document: 00514548130

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.

Skrtich v. Thornton

267 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Oct 2, 2001

Qualified immunity protects government officials acting within their discretionary functions from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) ("'clearly established’ ” for purposes of qualified immunity does not mean that " 'an official action is protected by qualified immunity unless the very action

Thompson v. Spikes

663 F. Supp. 627 · District Court, S.D. Georgia · Jun 22, 1987

to trial, and that entitlement to qualified immunity turns on "the essentially legal question whether the conduct of which the plaintiff complains violated clearly established law.” … been violated are all “clearly established.”

Rodriguez v. Panarello

119 F. Supp. 3d 331 · District Court, E.D. Pennsylvania · Aug 10, 2015

clearly established. … Moreover, to defeat a qualified immunity defense, the right allegedly violated must have been clearly established at the time of the violation.

Cuvo v. Pocono Mountain School District

District Court, M.D. Pennsylvania · Dec 23, 2019

The doctrine of qualified immunity shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v.