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.

Gregory Lambert, as Administrator of the Estate of Harrison Lambert v. Town of Merrimack, et al.

2019 DNH 053 · District Court, D. New Hampshire · Aug 6, 2018

Where, as here, the movant raises a qualified immunity defense, the nonmoving party has the burden of demonstrating that the law was clearly established during the relevant time period. See Mitchell v. … Construed generously, the Estate's objection contains citations to six decisions bearing on the clearly established prong of qualified immunity.

Raspardo v. Carlone

770 F.3d 97 · Court of Appeals for the Second Circuit · Oct 6, 2014

[and] [t]he second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” … established rights,” precluding a grant of qualified immunity. 85 F.3d at 67 .

Derrick Neely-Beytarik-El v. Daniel Conley

912 F.3d 989 · Court of Appeals for the Seventh Circuit · Jan 2, 2019

Turning to the issue of qualified immunity, Mr. Neely-Bey asserted that it was clearly established that IDOC could not restrict his right to practice his religion ex- cept when required by penological interests. Mr. … Qualified immunity shields government officials from civil “liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable per- son would have known.’”

Shawna Hess v. Carol Abels

714 F.3d 1048 · Court of Appeals for the Eighth Circuit · Apr 26, 2013

If it was not clearly established, regardless of whether Hess has articulated a constitutional violation, the City employees are entitled to qualified immunity. See Livers v. … There are two primary obstacles to Lesher’s capacity to serve as clearly established law for the purposes of this qualified immunity analysis.

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.”

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.

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.

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.

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

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

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 .

Whitney Hodges v. City of Grand Rapids, Mich.

139 F.4th 495 · Court of Appeals for the Sixth Circuit · May 30, 2025

As we will explain, the complaint here does not establish the defense of qualified immunity because Hodges has alleged facts making plausible the inference that the officers violated Honestie’s clearly established Fourth … Qualified Immunity Having determined the proper scope of the record on appeal, we must now determine whether Hodges has plausibly alleged that the officers violated Honestie’s clearly established rights.

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.

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).

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

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.

Iris Violeta Valiente v. Hon. Ramon Luis Rivera, Etc.

966 F.2d 21 · Court of Appeals for the First Circuit · Jun 5, 1992

Claiming qualified immunity, defendant moved for . summary judgment. … As it was not clearly established at that time that such personnel actions, even if politically motivated, violated the constitution, defendant mayor is entitled to quali *24 fied immunity from damages liability with respect

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.

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.”