Case law

Marks v. Clarke

102 F.3d 1012 · Court of Appeals for the Ninth Circuit · Dec 19, 1996

that their conduct did not violate clearly established law. … Once again, under the clearly established law of Ybarra v.

Zion v. Nassan

283 F.R.D. 247 · District Court, W.D. Pennsylvania · Jun 27, 2012

Nassan’s answer included “additional qualified immunity allegations.” (ECF No. 98 14-22, ¶¶ 1-47.) On November 23, 2010, the plaintiffs moved to strike the “additional qualified immunity allegations.” (ECF No. 103.) … The plaintiffs’ allegations, which are assumed to be true at this stage, establish that Nassan violated Haniotakis’ clearly-established right to be free from deadly “seizures.”

Chavez v. County of Bernalillo

3 F. Supp. 3d 936 · District Court, D. New Mexico · Jan 31, 2014

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

Timothy Ryan v. Burlington County, New Jersey Appeal of William H. Fauver, Commissioner of Corrections, and Joseph Call, Deputy Director

860 F.2d 1199 · Court of Appeals for the Third Circuit · Nov 2, 1988

violated clearly established law. … clearly established duty towards plaintiff.

Jennifer Cruz v. the City of Anaheim

765 F.3d 1076 · Court of Appeals for the Ninth Circuit · Aug 28, 2014

CITY OF ANAHEIM threatening gesture, it would clearly be unreasonable for the officers to shoot him after he stopped his vehicle and opened the door.

Coleman v. Sopher

201 W. Va. 588 · West Virginia Supreme Court · Dec 18, 1997

for determining qualified immunity in syllabus point 3 of Clark v. … [the West Virginia Governmental Tort Claims and Insurance Reform Act], 7 is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate *596 clearly established laws of

Club Retro, L.L.C. v. Hilton

568 F.3d 181 · Court of Appeals for the Fifth Circuit · May 6, 2009

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Id. 4 “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’ ” Kinney

Sorensen v. City of New York

42 F. App'x 507 · Court of Appeals for the Second Circuit · Jul 30, 2002

There are three ways a defendant can establish qualified immunity. See Robison v. Via, 821 F.2d 913, 920-21 (2d *510 Cir.1987). … As explained in Robison , qualified immunity may be warranted where, although the law was clearly established, “there was, at the time of the challenged [conduct], a legitimate unresolved question as to the existence of .

Broderick Fourte v. Faulkner County, Arkansas

746 F.3d 384 · Court of Appeals for the Eighth Circuit · Mar 25, 2014

“To determine whether [officials] are entitled to qualified immunity, we consider (1) whether the facts alleged, construed in the light most favorable to [to the plaintiff], establish a violation of a constitutional or statutory … Stewart and Nurse Lumpkin’s qualified immunity defense. See White v. McKinley, 519 F.3d 806, 815 (8th Cir. 2008).

Hourigan v. Cassidy

131 N.M. 141 · New Mexico Court of Appeals · Jul 2, 2001

They contend that the trial court erred in denying their claim of qualified immunity. … “Government officials performing discretionary functions are entitled to qualified immunity from suit under § 1983 as long as ‘their conduct [did] not violate clearly established [federal] statutory or constitutional rights

Goodman v. Harris County

571 F.3d 388 · Court of Appeals for the Fifth Circuit · Jun 10, 2009

“The doctrine of qualified immunity shields government officials acting within their discretionary authority from liability when their conduct does not violate clearly established statutory or constitutional law of which … As previously noted, the defense of qualified immunity is a two-step inquiry: the allegation that a “clearly established constitutional right” was violated and the determination that “the official’s conduct was objectively

Krein v. Norris

250 F.3d 1184 · Court of Appeals for the Eighth Circuit · May 22, 2001

Therefore, in light of this dispute, the Court is unable to determine, at this juncture that defendants' conduct did not violate plaintiff's clearly-established right to remain free from harm. 6 Krein v. … violated established law. 16 Arnott v.

Foley v. University of Houston System

355 F.3d 333 · Court of Appeals for the Fifth Circuit · Mar 6, 2003

Blake, 913 F.2d 226, 228 (5th Cir. 1990). 6 entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … However, the test for qualified immunity is whether the Appellees have asserted the deprivation of a statutory right under clearly established law.

Thurman King v. City of Rockford, MI

97 F.4th 379 · Court of Appeals for the Sixth Circuit · Mar 28, 2024

Qualified immunity shields officers from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Because King’s conduct “does not fit cleanly within” our existing excessive force case law, King cannot overcome the clearly established hurdle of qualified immunity. Rudlaff, 791 F.3d at 644 (quoting Cockrell v.

McCullough Ex Rel. McCullough v. Antolini

559 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Feb 26, 2009

The Supreme Court recently reaffirmed the long-established standard for qualified immunity in Pearson v. Callahan, 555 U.S. _, No. 07-751 (Jan. 21, 2009). … , and, second, that it was clearly established at the time of the incident that the actions of the defendant were unconstitutional.

Barton v. Curtis

50 V.I. 783 · District Court, Virgin Islands · Nov 25, 2008

“Qualified immunity shields state officials from suit when their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. at 140 (quoting Harlow … the ‘constitutional issue’ and the second being ‘whether the right was clearly established.’ ” Id. at 601 .

Alison Dreith v. City of St. Louis, Missouri

55 F.4th 1145 · Court of Appeals for the Eighth Circuit · Dec 15, 2022

Qualified immunity shields government officials from suit in a § 1983 action unless their conduct violates a clearly established statutory or constitutional right of which a reasonable official would have known. … In any event, the argument does not undermine the district court’s conclusion that Dreith’s right to be free from a retaliatory use of force was clearly established at the time of the incident. D. Ct.

Gallegos v. City & County of Denver

984 F.2d 358 · Court of Appeals for the Tenth Circuit · Jan 20, 1993

that the defendant’s alleged actions violated clearly established law. … As stated above, government officials are entitled to a grant of qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Rios v. Scott

100 F. App'x 270 · Court of Appeals for the Fifth Circuit · Jun 3, 2004

PER CURIAM:* Joshua Rio s and Mary Canales (“the Relatives”) appeal from the district court’s grant of summary judgment based on qualified immunity. … Officer Sippel is entitled to qualified immunity because there is no clearly established constitutional right for an officer to immediately intervene when an armed inmate attacks another inmate, as the officer may need

Johnson v. Newburgh Enlarged School District

239 F.3d 246 · Court of Appeals for the Second Circuit · Jan 31, 2001

In this action, the defendants assert only the first basis — that no clearly established right was violated — in arguing for qualified immunity. 2 Of course, determining whether a right is “clearly established” is not subject … ” qualified immunity issue.