Case law

Gilmore v. Bostic

659 F. Supp. 2d 755 · District Court, S.D. West Virginia · Sep 22, 2009

in a prison’s sex offender treatment program is not clearly established. … immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

Brandon v. Lotter

976 F. Supp. 872 · District Court, D. Nebraska · Sep 2, 1997

did not violate clearly established law. … This being the case, Laux did not violate clearly established law when he failed to immediately arrest Lotter and Nissen or take some other related action, and he is entitled to qualified immunity as a result.

African Trade & Information Center, Inc., Mohamoud D. Ahmed, and Alan W. Gates v. James F. Abromaitis

294 F.3d 355 · Court of Appeals for the Second Circuit · May 23, 2002

The First Amendment Claim The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate “clearly established statutory or constitutional rights of which … Even if a district court decision could “establish” a right for the purpose of the qualified immunity inquiry, A.F.C.

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

Doe Ex Rel. Doe v. Rains Independent School District

865 F. Supp. 375 · District Court, E.D. Texas · Sep 30, 1994

Under the shield of qualified immunity, White cannot be held liable unless Doe’s constitutional rights and White’s duty with respect to those rights were clearly established when the events giving rise to the instant action … Unless White’s duty under this test was clearly established at the time of the events giving rise to this lawsuit, White is entitled to the shield of qualified immunity. See Spann v.

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.

Trey Sims v. Kenneth Labowitz

885 F.3d 254 · Court of Appeals for the Fourth Circuit · Mar 14, 2018

The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have … clearly established at the time of the alleged violation.

Craig v. Martin

49 F.4th 404 · Court of Appeals for the Fifth Circuit · Sep 8, 2022

particular conduct violated clearly established law is Darden v. … Moreover, as we have noted before, the plaintiffs’ reliance on the cases above “requires us to assume that Fifth Circuit precedent alone can clearly establish the law for qualified immunity purposes, something the

Sheryl J. Howard v. Jan Dickerson, and Charles Milton, Keith Purdue

34 F.3d 978 · Court of Appeals for the Tenth Circuit · Sep 7, 1994

The Martin court upheld the denial of qualified immunity because Garcia clearly established pretrial detainees share the same protection from deliberate indifference to serious medical needs as convicted inmates. … When a defendant raises the issue of qualified immunity on a summary judgment motion, the plaintiff must demonstrate the alleged conduct constituted a violation of law and the law was clearly established at the time of the

Whittier v. Kobayashi

581 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Aug 31, 2009

DISCUSSION “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional … “To overcome qualified immunity, the plaintiff must satisfy a two prong test; he must show that: (1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation

Arkansas State Medical Board v. Byers

521 S.W.3d 459 · Supreme Court of Arkansas · Jun 8, 2017

To stave off summary judgment on qualified immunity, a civil-rights plaintiff must assert a constitutional violation, demonstrate that the constitutional right is clearly established, and raise a genuine issue of fact … as to whether the official would have known that the conduct violated that clearly established right.

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

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.

Hall v. Ryan

957 F.2d 402 · Court of Appeals for the Seventh Circuit · Feb 28, 1992

The defendants’ summary judgment motion argues that they were entitled to qualified immunity on the ground that the law at the time of the incident “did not clearly establish the right to have officers diagnose pre-trial … Judge Baker noted that qualified immunity shields government officials performing discretionary functions from civil liability if their actions do not violate clearly established statutory or constitutional rights of which

Front Royal & Warren County Industrial Park Corp. v. Town of Front Royal

708 F. Supp. 1477 · District Court, W.D. Virginia · Mar 16, 1989

litigation and, at the same time, they can be held liable for the violation of a clearly established constitutionally-protected right. … clearly established statutory or constitutional rights of which the official knows or reasonably should be aware.”

Smith v. Deering

880 F. Supp. 816 · District Court, S.D. Georgia · Dec 20, 1994

Defendants have raised the defense of qualified immunity which requires the Court to determine whether Defendants violated clearly established Constitutional law. 1. … The test for qualified immunity is “whether a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.” Anderson v.

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).

Huerta v. Hillsborough County

720 So. 2d 276 · District Court of Appeal of Florida · Oct 23, 1998

The parties agree that a government official, such as Bean, is entitled to qualified immunity from civil suit in the performance of discretionary functions when the official's conduct does not violate any clearly established … The trial court, in applying this principle of law, opined that Huerta's constitutional rights were not clearly established at the time of his termination and ruled that Bean was entitled to qualified immunity.

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).

Picariello v. Commonwealth

54 Pa. Commw. 252 · Commonwealth Court of Pennsylvania · Oct 15, 1980

However, plaintiff’s complaint clearly contradicts that claim, by alleging that the Secretary acted as a Commonwealth agent. 6 The guidelines established in DuBree v. … Defendant shall file an answer, possibly with new matter addressing the issue of qualified official immunity, if desired.