Case law

Mark v. Williams

45 Wash. App. 182 · Court of Appeals of Washington · Aug 27, 1986

The test enunciated in Harlow has effectively eliminated the subjective component of qualified immunity, establishing a purely objective standard. 4 The defendants had a right to believe they could operate as they did since … We note that this qualified immunity created in Bivens, unlike the qualified immunity enunciated later in Harlow for § 1983 actions, is based on both a good faith (subjective) and reasonableness (objective) test.

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.

Monique Wilkerson v. Thedious Seymour

736 F.3d 974 · Court of Appeals for the Eleventh Circuit · Oct 30, 2013

DISCUSSION “Under the doctrine of qualified immunity, government officials acting within their discretionary authority are immune from suit unless the official’s conduct violates clearly established federal statutory … To avoid summary judgment on qualified immunity grounds, the plaintiff’s allegations, supported by admissible evidence, must demonstrate both (1) a constitutional violation and (2) that the violation was clearly established

Jamila Russell v. Superior Court of the Virgin I

905 F.3d 239 · Court of Appeals for the Third Circuit · Sep 25, 2018

plead a violation of clearly established law. … the right at issue was “clearly established” at the time of the defendant’s alleged misconduct.’”

Merchant v. Bauer

677 F.3d 656 · Court of Appeals for the Fourth Circuit · Apr 26, 2012

established law and therefore has no immunity"). … Accordingly, the second step in our qualified immunity analysis — whether the Fourth Amendment right was clearly established — must also be resolved in favor of Merchant.

O'Connor v. Chicago Transit Authority

778 F. Supp. 967 · District Court, N.D. Illinois · Nov 13, 1991

Qualified Immunity on the First Amendment Claim Defendants claim that they are entitled to qualified immunity on the first amendment claim. Under Harlow v. … clearly established).

Rodgers v. Horsley

39 F.3d 308 · Court of Appeals for the Eleventh Circuit · Dec 5, 1994

DISCUSSION 9 Once the qualified immunity defense is raised, the plaintiff bears the burden of showing that the federal "rights" allegedly violated were "clearly established." Barts v. … Instead, the question in this case, as in all qualified immunity cases, is fact specific: in May 1991, was it clearly established in this circuit that it was unconstitutional for a mental institution to fail to supervise

Kingsmill v. Szewczak

117 F. Supp. 3d 657 · District Court, E.D. Pennsylvania · Jul 30, 2015

Qualiñed Immunity Officer Szewczak argues' that he is entitled to qualified immunity because “it was not clearly established oh February 9, 2014, that calling a person over to a patrol car and failing to warn that person … Qualified immunity shields government officials from liability for civil damages to the extent that their conduct did not violate clearly-established constitutional rights of which a reasonable officer would have known.

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.

Halley ex rel. J.H. v. Oklahoma ex rel. Oklahoma State Department of Human Services

176 F. Supp. 3d 1268 · District Court, E.D. Oklahoma · Mar 31, 2016

“The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights … This law was clearly established by 2014. See, e.g., Estate of B.I.C. v.

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

Selwyn Vanderpool v. West Virginia DHHR

West Virginia Supreme Court · May 26, 2020

In Crouch, the Court examined whether internal DHHR policy violations rose to the level of being violations of a clearly established right. … Stanley is entitled to qualified immunity based on W. Va.

Bates v. Harvey

518 F.3d 1233 · Court of Appeals for the Eleventh Circuit · Mar 4, 2008

immunity from this claim because the law was clearly established that he could not enter Mrs. … . . can clearly establish the law.”

Francine Solomon v. Auburn Hills Police Department, a Municipal Corporation, Officer David Miller

389 F.3d 167 · Court of Appeals for the Sixth Circuit · Nov 10, 2004

Kiefer, 310 F.3d 937, 944 (6th Cir.2002) (recognizing that “right to be free from ‘excessively forceful handcuffing’ is a clearly established right for qualified immunity purposes”); Turek v. … Constitutional Right Clearly Established Once a potential violation of a plaintiffs constitutional right has been established, we next decide whether that right was clearly established.

Krout v. Goemmer

583 F.3d 557 · Court of Appeals for the Eighth Circuit · Oct 6, 2009

Qualified immunity shields a government official from liability when his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … That is the ‘clearly established’ law.

National Rifle Association of America v. Maria T. Vullo

49 F.4th 700 · Court of Appeals for the Second Circuit · Sep 22, 2022

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from suits for money damages unless their conduct violates clearly established law of which a reasonable … Was the Law Clearly Established?

Pennington v. Teufel

396 F. Supp. 2d 715 · District Court, N.D. West Virginia · Aug 26, 2005

Because Plaintiffs have not alleged and cannot show that any of these Defendants violated any clearly established federal law, the Court agrees that the individual Defendants are entitled to qualified immunity. … of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery’ ”) (quoting Mitchell v.

Dodds v. Richardson

614 F.3d 1185 · Court of Appeals for the Tenth Circuit · Aug 6, 2010

As Justice Thomas explained: In conducting qualified immunity analysis ..., courts do not merely ask whether, taking the plaintiffs allegations as true, the plaintiffs clearly established rights were violated. … For instance, an allegation that Defendant A violated a plaintiffs clearly established rights does nothing to overcome Defendant B’s assertion of qualified immunity, absent some allegation that Defendant B was responsible

Lopez v. Robinson

914 F.2d 486 · Court of Appeals for the Fourth Circuit · Sep 17, 1990

the qualified immunity inquiry. … The prison officials are entitled to qualified immunity from this claim.

Pallottino v. City of Rio Rancho

31 F.3d 1023 · Court of Appeals for the Tenth Circuit · Aug 4, 1994

The doctrine of qualified immunity gives the Officers qualified immunity in a § 1983 suit unless they violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Once a defendant to a § 1983 action raises a qualified immunity defense, the burden shifts to the plaintiff to show both facts and law to establish that the defendant is not entitled to qualified immunity.