Case law

Sanchez v. Canales

574 F.3d 1169 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

It then considered whether the Officers could “conduct the probation search without suspicion of wrongdoing,” granting immunity because it had not been clearly established “what level of suspicion, if any, was required prior … established one way or another — denied qualified immunity on the detention claim.

Hall v. Thomas

190 F.3d 693 · Court of Appeals for the Fifth Circuit · Sep 29, 1999

Finally, the district court held that even if the ADA did apply to prisons, the defendants would be qualifiedly immune from suit thereunder because Hall’s rights under the ADA were not clearly established at the time of … not clearly established prior to Yeskey.

Archer v. Chisholm

188 F. Supp. 3d 866 · District Court, E.D. Wisconsin · May 26, 2016

She is entitled to qualified immunity unless (1) the plaintiff plausibly pleads that she violated a constitutional right, and (2) the constitutional right was clearly established at the time of the alleged violation. … Qualified immunity—validity of warrant Turning to qualified immunity, again, to overcome qualified immunity the plaintiff must plausibly allege that the defendants violated a constitutional right, and that the right was clearly

Rustgi v. Board of County Commissioners of County of Weld, Colorado

District Court, D. Colorado · Apr 29, 2021

Because Rustgi possessed a clearly established constitutional right and has alleged a constitutional violation by Sheriff Reams, dismissal is inappropriate on qualified immunity grounds. See Keith v. … was clearly established.

Thompson v. Grida

656 F.3d 365 · Court of Appeals for the Sixth Circuit · Sep 8, 2011

Katz, 533 U.S. 194, 202 (2001) (“The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation … Appellants cite a number of cases to support their qualified immunity argument that the right not to be arrested in the circumstances presented in this case is not clearly established.

J.M. v. S.C. Dep't of Soc. Servs.

286 F. Supp. 3d 745 · District Court, D. South Carolina · Dec 13, 2017

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 … The Court will begin with the second prong of the qualified immunity analysis-whether the rights Plaintiff claims the Individual Defendants violated were clearly established at the time of their actions.

Martínez-Rodríguez v. Guevara

551 F. Supp. 2d 142 · District Court, D. Puerto Rico · Nov 29, 2007

A three-step process exists for evaluating qualified immunity claims: 1) whether the claimant has alleged the deprivation of an actual constitutional right; 2) whether the right was clearly established at the time of the … are entitled to qualified immunity.

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

Suboh v. District Attorney's Office

298 F.3d 81 · Court of Appeals for the First Circuit · Aug 1, 2002

The district court then concluded that Murphy was not protected by qualified immunity because Suboh's claim "lies at the core" of a clearly established right to familial integrity, id. at 140, and that, as the case was … not clearly established at the time.

Reilly v. Vadlamudi

680 F.3d 617 · Court of Appeals for the Sixth Circuit · May 25, 2012

Qualified immunity protects state officials, including prison employees, so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … In resolving qualified immunity claims, we ask whether: (1) the facts, viewed in the light most favorable to Plaintiff, show a violation of a constitutional right; and (2) the right at issue was “clearly established” at the

Varrone v. Bilotti

123 F.3d 75 · Court of Appeals for the Second Circuit · Aug 18, 1997

It held that, for purposes of qualified immunity, it was clearly established at the time that strip searches of prison visitors could be made only when based upon reasonable suspicion. Varrone v. … The law was "clearly established" if the circuit's decisions "clearly foreshadow" a particular ruling on the issue. Id. Decisions of other circuits also may indicate whether the law was clearly established. See Weber v.

Baptiste v. MacDonald, et al.

2017 DNH 140 · District Court, D. New Hampshire · Jul 17, 2017

Baptiste’s Objection Based on the facts alleged in the complaint and the defendants’ motion to dismiss, the court concluded that the defendants were entitled to qualified immunity because there was no case that established … More importantly, in the context of qualified immunity from liability for an alleged constitutional violation, corrections officers are protected unless they violated an inmate’s clearly established 2 Baptiste mistakenly

95 Cal. Daily Op. Serv. 9002, 95 Daily Journal D.A.R. 15,739 Sinaloa Lake Owners Association Robert A. Ain Diantha Ain Leonard Bellenson Ann Bellenson v. City of Simi Valley, and Roger Stephenson James Doody Vernon H. Persson David Jacinto James E. Ley Howard McEwan of the Estate of Sheldon McEwan

70 F.3d 1095 · Court of Appeals for the Ninth Circuit · Nov 30, 1995

were not in dispute. 10 Once a law enforcement officer asserts qualified immunity, "the district court must determine whether, in light of clearly established principles governing the conduct in question, the officer objectively … that the law was clearly established, Doody was nonetheless entitled to qualified immunity because "a reasonable dam safety engineering official, similarly situated, could have believed breaching the dam was lawful."

Jennings v. Patton

644 F.3d 297 · Court of Appeals for the Fifth Circuit · Jun 17, 2011

B The doctrine of qualified immunity protects public officials from liability for civil, damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … ; and (2) whether the right at issue was “clearly established” at the time of the defendant’s alleged misconduct. 3 Id. at 815-16 (citing Saucier v.

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.

Cynthia Bloch and Thomas Bloch v. Sheriff L. John Ribar

156 F.3d 673 · Court of Appeals for the Sixth Circuit · Sep 21, 1998

On appeal, the Blochs claim that the district court erred by granting qualified immunity to Ribar. They argue that the right to criticize a public official is a clearly established right under the First Amendment. … defense of qualified immunity.”

Crow v. Montgomery

403 F.3d 598 · Court of Appeals for the Eighth Circuit · Apr 12, 2005

Pomeroy, 387 F.3d 949 , 954 (8th Cir.2004). 5 Qualified immunity shields government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … in qualified immunity cases is limited.

Dickerson v. Mertz

547 N.W.2d 208 · Supreme Court of Iowa · Apr 17, 1996

agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known....” … Creighton, 483 U.S. 635, 640-41 , 107 S.Ct. 3034, 3039-40 , 97 L.Ed.2d 523, 531-32 (1987) (concluding federal bureau of investigation agent is entitled to qualified immunity from money damages lawsuit if he can establish

Hansen v. Town of Smithtown

342 F. Supp. 3d 275 · District Court, E.D. New York · Oct 24, 2018

City of New York , 45 F.3d 653 , 663 (2d Cir. 1995) (noting that under qualified immunity, "a government official may claim immunity from suit only when in light of clearly established law and the information the official … The Supreme Court has explained that "officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established

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.