Case law

Dominique Ramsey v. David Rivard

110 F.4th 860 · Court of Appeals for the Sixth Circuit · Aug 1, 2024

Rivard argues that qualified immunity bars the plaintiffs’ unduly suggestive identification claim because they cannot show that Rivard’s actions violated their clearly established rights. (Appellant Br. 49.) … First, Rivard gains no immunity for violations of clearly established law by following the prosecutor’s advice. See Burns v. Reed, 500 U.S. 478, 495 (1991).

Dixon v. Von Blanckensee

994 F.3d 95 · Court of Appeals for the Second Circuit · Apr 12, 2021

She argues that, as a matter of law, King has failed to allege a violation of a clearly established constitutional right and she is thus entitled to qualified immunity. We agree. … and (2) that the right was clearly established at the time of the challenged conduct.”

Linda Surratt v. Brian McClarin

851 F.3d 389 · Court of Appeals for the Fifth Circuit · Mar 14, 2017

EDITH BROWN CLEMENT, Circuit Judge: In this qualified immunity case, the question on appeal is whether—in light of clearly established law at the time of the incident—officers acted objectively unreasonably when they … But qualified immunity insulates those 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 would

Scott v. City of Columbus, Unpublished Decision (3-30-2001)

Ohio Court of Appeals · Mar 30, 2001

of clearly established law and the information that he possessed. … defendant's conduct did indeed violate clearly established rights).

Willie Flowers v. Nicholas Renfro

46 F.4th 631 · Court of Appeals for the Seventh Circuit · Aug 19, 2022

“Because qualified immunity pro- tects the public officer from the expense and distraction of having to stand trial when the conduct in question did not vi- olate clearly established law, the unavailability of an immedi- … If a determination of qualified immunity in a summary judgment motion depends on the resolution of fact questions, the order denying qualified immunity generally is not appeal- able. Johnson v.

Patricia Juanita Wate v. Kenneth Kubler

839 F.3d 1012 · Court of Appeals for the Eleventh Circuit · Oct 12, 2016

force in violation of the Fourth Amendment, that was clearly established at the time. … Qualified Immunity AQualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory

Hall v. United States

704 F.2d 246 · Court of Appeals for the Sixth Circuit · Mar 25, 1983

Most recently the Supreme Court refined the limits of qualified, good faith immunity, placing “[r]eliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” … Under this approach summary judgment should issue on the grounds of qualified, good faith immunity if the official’s conduct did not violate clearly established statutory or constitutional rights at the time the challenged

Brown v. United States

851 F.2d 615 · Court of Appeals for the Third Circuit · Jun 21, 1988

Since Granata’s remedy of dismissal for properly established qualified immunity remains open, mandamus is not available. I. … action is a violation) violates a clearly established right.

Redd v. City of Enterprise

140 F.3d 1378 · Court of Appeals for the Eleventh Circuit · May 13, 1998

A public official is entitled to qualified immunity from a section 1983 damages action if his actions did not violate clearly established law. See Thornton 3 No appeal is taken from this holding. v. … It is clearly established that an arrest made without probable cause violates the Fourth Amendment. See Von Stein v. Brescher, 904 F.2d 572, 579 (11th Cir.1990).

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

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.

J. Gilliam v. Kenneth Sealey

932 F.3d 216 · Court of Appeals for the Fourth Circuit · Jul 30, 2019

Because Appellees have alleged facts sufficient to show that the officers violated their clearly established Fourth Amendment and due process rights, we affirm the district court's denial of qualified immunity. I. A. … Qualified immunity protects government officials from liability for violations of constitutional rights so long as they could reasonably believe that their conduct did not violate clearly established law. Harlow v.

Clark v. Evans

840 F.2d 876 · Court of Appeals for the Eleventh Circuit · Mar 25, 1988

Since the law on this point was not clearly established at the time Sharp was shot, defendants Coleman and New-some can properly claim a defense of qualified immunity as against the disabling force theory of liability. … Since there is no clearly-established law regarding whether an insane person can be shot during an escape attempt, defendants can appropriately raise a qualified immunity defense. *883 As for the theory that Sharp’s aetion

Farid v. Ellen

514 F. Supp. 2d 482 · District Court, S.D. New York · Aug 15, 2007

Thus, the qualified immunity defense is available, as a matter of law, to all defendants because the right was not clearly established. … All defendants are entitled to summary judgment on the defense of qualified immunity because the right was not clearly established.

Barnes v. Dekalb County

898 F. Supp. 2d 1317 · District Court, N.D. Georgia · Sep 24, 2012

Scott, 610 F.3d 701, 714 (11th Cir.2010) (qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct does not “ ‘violate clearly established statutory … As discussed, qualified immunity protects government officials from liability for conduct that does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.

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.

Jones v. City & County of Denver

854 F.2d 1206 · Court of Appeals for the Tenth Circuit · Aug 12, 1988

Qualified immunity is an affirmative defense that shields governmental officials from personal liability unless their actions violate “clearly established statutory or constitutional rights of which a reasonable person would … He relies on Colorado statutory and decisional law to argue that clearly established law requires arrest warrants in all cases.

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

Nelson v. Silverman

888 F. Supp. 1041 · District Court, S.D. California · Jun 6, 1995

The Bothke court merely assumed that there is a clearly established right of freedom from abusive tax collection activities for the purposes of dealing with a qualified immunity issue. … A defendant would be immune from suit if he could establish that his actions were objectively reasonable by reference to clearly established law. Harlow v.