Case law

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

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.

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.’”

Ruttenberg v. Jones

464 F. Supp. 2d 536 · District Court, E.D. Virginia · Dec 13, 2006

Thus, a defendant’s entitlement to qualified immunity must be resolved “at the earliest possible stage in litigation.” Id. The Supreme Court has established a two-part qualified immunity inquiry. … Meeker, 415 F.3d at 320 ("Only if a plaintiff alleges the violation of a clearly established constitutional right does his complaint survive a motion to dismiss on qualified immunity grounds.”).

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

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.

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.

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.

Sudler v. City of New York

689 F.3d 159 · Court of Appeals for the Second Circuit · Aug 7, 2012

Qualified Immunity 4 Qualified immunity protects government officials from liability where the 5 officials’ conduct was not in violation of a “clearly established” constitutional right. 6 See, e.g., Doninger … it is “‘clearly established’ in the qualified immunity context, which governs the conduct 18 of government officials who are likely neither lawyers nor legal scholars.” 616 F.3d 19 100, 106 (2d Cir. 2010).

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.”

McGowan v. United States

825 F.3d 118 · Court of Appeals for the Second Circuit · Jun 7, 2016

The issue of qualified immunity was presented in the district court, has been fully briefed on appeal, and turns on *124 the purely legal question of whether McGowan alleged a violation of a clearly established right. … Thus, in light of the absence of authority clearly establishing the claimed right, we are constrained to hold that Rivers is entitled to qualified immunity from McGowan’s Bivens claim.

Douglas v. Condon

419 F.3d 1097 · Court of Appeals for the Tenth Circuit · Aug 16, 2005

The district court found that no clearly established Fourth Amendment right had been violated by ADA Dobbs in the search of Douglas’s prescription records and that qualified immunity applied. … Under the doctrine of qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

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.

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.

Connelly v. Texas Department of Criminal Justice

484 F.3d 343 · Court of Appeals for the Fifth Circuit · Apr 10, 2007

in light of the clearly established law at the time of the incident. … Conversely, Connelly, in her response to Fant’s motion, pointed to law and facts tending to establish her claim that Fant’s decision to terminate her was objectively unreasonable in light of clearly established law, carrying

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.

Hayes v. Mercer County

217 N.J. Super. 614 · New Jersey Superior Court Appellate Division · May 21, 1987

In our discussion of the federal qualified immunity, we stated why the investigator acted in good faith here. … Plaintiffs' remaining points are clearly without merit. R. 2:11-3(e)(1)(E). Affirmed.

Chanon Miller v. Juan Ramirez

Court of Appeals for the Eleventh Circuit · Feb 27, 2025

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … immunity “raised . . . on a motion to dismiss . . . will be granted if the com- plaint fails to allege the violation of a clearly established constitu- tional right.” 248 F.3d 1117, 1121 (11th Cir. 2001