Case law

Stonecipher v. Valles

759 F.3d 1134 · Court of Appeals for the Tenth Circuit · Jul 1, 2014

When a defendant raises qualified immunity as a defense, “a plaintiff must properly allege a deprivation of a constitutional right and must further show that the constitutional right was clearly established at the time … the legal rules that were ‘clearly established’ at the time it was taken.”

Nelson v. Green

965 F. Supp. 2d 732 · District Court, W.D. Virginia · Aug 15, 2013

While the court in Costanich affirmed qualified immunity for a social worker defendant where that constitutional right had not been clearly established, the court put government officials in the Ninth Circuit on notice that … When a government official asserts qualified immunity, the court must determine: (1) whether the facts alleged show that his or her actions violated a constitutional right, and (2) whether the right asserted 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).

Kvech v. New Mexico Department of Public Safety

987 F. Supp. 2d 1162 · District Court, D. New Mexico · Nov 30, 2013

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

J.P. v. County of Alameda

District Court, N.D. California · Nov 19, 2021

See Shafer, 868 F.3d at 1117 (holding that 2 qualified immunity applies if no clearly established law exists on the issue); see also White v. Pauly, 137 S. … City of Santa Maria, 915 F.3d 12 592, 603 (9th Cir. 2019) (“[O]ur qualified immunity determination with respect to Officer Brice rests 13 solely on the ‘clearly established’ law prong; we do not reach the question of whether

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.

Oliver v. Woods

209 F.3d 1179 · Court of Appeals for the Tenth Circuit · Apr 17, 2000

Oliver’s clearly established Fourth Amendment rights and were therefore not entitled to qualified immunity. The court determined Mr. … Oliver’s clearly established rights. C. Officer Woods’ Entitlement to Qualified Immunity Mr. Oliver failed to show Officer Woods violated his clearly established constitutional or statutory rights.

Donovan v. City Of Milwaukee

17 F.3d 944 · Court of Appeals for the Seventh Circuit · Feb 18, 1994

II. 5 Under the doctrine of qualified immunity, "governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … are entitled to qualified immunity.

Pineda v. City of Houston

124 F. Supp. 2d 1037 · District Court, S.D. Texas · Jul 29, 1999

The Doctrine of Qualified Immunity Public officials, sued in their individual capacities under § 1983 are shielded from suit by the doctrine of qualified immunity unless their conduct violated clearly established statutory … “Qualified immunity protects a police officer from liability if a reasonable competent law enforcement officer would not have known that his actions violated clearly established law.” Harper v.

George E. Apostol v. Eliot Landau, Mark Gallion, and Chris Haloulos

957 F.2d 339 · Court of Appeals for the Seventh Circuit · Jun 8, 1992

precluded from asserting the qualified immunity defense. … We first examine whether as a matter of law officers Gallion and Haloulos are entitled to qualified immunity because their conduct during the search of Apostol’s office violated clearly established rights.

Palmer v. Johnson

193 F.3d 346 · Court of Appeals for the Fifth Circuit · Oct 19, 1999

The bifurcated test for qualified immunity asks whether the plaintiff has alleged a violation of a clearly established right and, if so, whether the defendant’s conduct was objectively unreasonable. … Thus, for purposes of the qualified immunity analysis, Palmer has demonstrated a violation of his clearly established rights under the Eighth Amendment.

Moyler v. Fannin

District Court, W.D. Virginia · Mar 16, 2023

Qualified immunity “protects government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a … Fulford, 987 F.3d 299, 311 (4th Cir. 2021) (“The burden of establishing a qualified immunity defense rests on the official asserting the defense.”).

Donald M. Johnson v. Bob Odom

910 F.2d 1273 · Court of Appeals for the Fifth Circuit · Sep 7, 1990

An appeal may be taken from a finding against qualified immunity where the issue involved is the purely legal one of “whether the legal norms allegedly violated by the defendant were clearly established at the time of the … qualified immunities was proper.

Kenneth Hill v. Richard Trinci, Dominto Carrillo, Jackie Dent, Warner Lumpkins, Lee Williams, and Kandice Woodard

Texas Court of Appeals, 14th District (Houston) · Jul 24, 2012

Government officials performing discretionary functions have qualified immunity from a suit for damages under section 1983 so long as the official’s conduct does not violate clearly established constitutional or statutory … The plaintiff must show: (1) the official’s conduct violated a federally guaranteed right; (2) the right was clearly established; and (3) the official’s conduct was objectively unreasonable in light of the clearly established

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

Bonenberger v. St. Louis Metropolitan Police Department

956 F. Supp. 2d 1059 · District Court, E.D. Missouri · Jul 8, 2013

Qualified immunity protects a government official from liability “unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known.” … second part of the qualified immunity analysis.

Bernstein v. Roberts

405 F. Supp. 2d 34 · District Court, District of Columbia · Dec 20, 2005

The Court held that this principle was clearly established so as to preclude the granting of qualified immunity. … Obviously, the legal principles the Supreme Court held were "clearly established," in 1997 are equally clearly established for the qualified immunity analysis in this case. 5 .

Edward Shaw v. City of Selma

884 F.3d 1093 · Court of Appeals for the Eleventh Circuit · Mar 7, 2018

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which … Instead of clearly establishing the law against Williams, binding precedent clearly establishes it in his favor. See Singletary v.

Ratliff v. DeKalb County, GA

62 F.3d 338 · Court of Appeals for the Eleventh Circuit · Aug 9, 1995

court assumed for the purposes of its decision about whether the applicable law was clearly established. … The right to be free from retaliation is clearly established as a first amendment right and as a statutory right under Title VII; but no clearly established right exists under the equal protection clause to be free from