Case law

Alonzo Johnson v. Claude Finn

665 F.3d 1063 · Court of Appeals for the Ninth Circuit · Dec 8, 2011

FINN 20857 sonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). … [2] The only remaining question is whether the federal law that the Court of Appeal failed to apply reasonably was clearly established by the Supreme Court at the time of the Court of Appeal’s decision, as AEDPA requires

Hernandez v. Cook County Sheriff's Office

634 F.3d 906 · Court of Appeals for the Seventh Circuit · Feb 24, 2011

This involves two questions: “(1) whether the facts, taken in the light most favorable to the plaintiff, show that the defendant violated a con- stitutional right; and (2) whether that constitutional right was clearly established … Whether a Violated Right Was Clearly Established The second inquiry, see Saucier, 533 U.S. at 201, is whether the constitutional standards at issue were clearly established at the time the alleged violation oc- curred.

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

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.

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

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

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.

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.

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.”

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.

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

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).

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

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.

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

Kies v. City of Aurora

149 F. Supp. 2d 421 · District Court, N.D. Illinois · Jun 5, 2001

The Seventh Circuit has noted in the context of qualified immunity that if the plaintiffs’ initial pleadings themselves, taken as true, fail to adequately allege the violation of any clearly established right, dismissal for … The doctrine of qualified immunity shelters government officials from civil liability in their individual capacities as long as their conduct does not violate clearly established statutory or constitutional rights of which

Corcoran v. Fletcher

160 F. Supp. 2d 1085 · District Court, C.D. California · Jul 26, 2001

Determining whether a public official is entitled to qualified immunity, then, “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established? … Clearly Established Law “[W]hether the law was clearly established ... is a pure question of law for the court to decide.” Mendoza v. Block, 27 F.3d 1357, 1360 (9th Cir.1994).

Phillips v. Thomas

555 So. 2d 81 · Supreme Court of Alabama · Jul 21, 1989

Thus, we move to the question of whether the appellees are entitled to qualified or substantive immunity. III. Substantive Immunity. … This evidence clearly establishes the fact that Thomas's alleged negligence arose out of the performance of a ministerial act, and, therefore, that Thomas is not entitled to qualified immunity from suit.

Lion Boulos, Individually and Doing Business as Abco Food Stores v. Richard D. Wilson

834 F.2d 504 · Court of Appeals for the Fifth Circuit · Dec 23, 1987

Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … To rule on the claim, the court must decide whether the inspections violated “clearly established statutory or constitutional rights of which a reasonable person would have known” Harlow, supra, 102 S.Ct. at 2738 .

Michael Kent v. County of Oakland

810 F.3d 384 · Court of Appeals for the Sixth Circuit · Jan 6, 2016

The district court found that the deputies’ use of the taser was objectively unreasonable and violated clearly established law, and it denied the deputies’ motion for summary judgment on qualified and governmental immunity … Rather, “a defendant denied qualified immunity may appeal ... *390 [only] if the issue on appeal is whether the plaintiffs, facts, taken at their best, show that the defendant violated clearly established law.”