Case law

WVDHHR v. V.P.

West Virginia Supreme Court · Mar 21, 2019

In the proceedings below and on appeal, the Guardians assert that the DHHR Petitioners are precluded from relying on qualified immunity protections because the DHHR Petitioners violated a clearly established right. … established constitutional or statutory right, and no basis for piercing the DHHR Petitioners’ qualified immunity exists.

Amir M. Meshal v. Commissioner, Georgia Department of Public Safety

117 F.4th 1273 · Court of Appeals for the Eleventh Circuit · Sep 16, 2024

The officers moved to dismiss the complaint on qualified-immunity grounds, arguing that Meshal failed to allege a violation of clearly established law. … The district court’s qualified-immunity ruling should be re- versed only if the existence of the affirmative defense of qualified immunity “clearly appears on the face of the complaint.”

Act Up!/Portland v. Bagley

971 F.2d 298 · Court of Appeals for the Ninth Circuit · Jul 24, 1992

II QUALIFIED IMMUNITY We review a district court’s denial of a qualified immunity defense de novo. Baker v. Racansky, 887 F.2d 183, 185 (9th Cir.1989). … When a law enforcement officer asserts qualified immunity from liability for civil rights violations, the district court must determine whether, in light of clearly established principles governing the conduct in question

Herbert L. Board v. Karl Farnham, Jr.

394 F.3d 469 · Court of Appeals for the Seventh Circuit · Jan 5, 2005

The Boards also claim that the constitutional right to oral hygiene supplies was clearly established at the time of the alleged violations, which would preclude a holding that the defendants are entitled to qualified immunity … to qualified immunity on this claim.

Gibbons v. McBride

124 F. Supp. 3d 1342 · District Court, S.D. Georgia · Aug 21, 2015

Thus, “[i]f a defendant asserts a qualified immunity defense in a Rule 12(b)(6) motion to dismiss, the Court should grant qualified immunity if the plaintiffs complaint fails to allege a violation of a clearly established … established for purposes of qualified immunity); Riley v.

Deanna Copeland v. Lucas Wicks, Defendant/Respondent.

Missouri Court of Appeals · Jan 27, 2015

To determine whether the detective is entitled to qualified immunity, we ask (1) whether the mother’s allegations make out a deprivation of a constitutional right; and (2) whether the right was clearly established at the … Qualified immunity generally turns on the objective legal reasonableness of the official’s action, assessed in light of the clearly established legal rules in place when the action was taken. Burk, 948 F.3d at 494.

Amaro v. New Mexico Corrections Department

District Court, D. New Mexico · Mar 16, 2022

“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 … Once a defendant has asserted a qualified immunity defense, the burden shifts to the plaintiff to establish that: (1) the defendant violated a constitutional right; and (2) the right was “clearly established” at the time

Robert Aaron Peterson v. Officer Michael Kopp

754 F.3d 594 · Court of Appeals for the Eighth Circuit · Jun 11, 2014

Government officials, including police officers, are entitled to qualified immunity, shielding them from liability, “unless the official’s conduct violated a clearly established constitutional or statutory right of which … We analyze qualified immunity in two steps: (1) “whether the facts that a plaintiff has alleged . . . make out a violation of a constitutional right”; and (2) “whether the right at issue was ‘clearly established’ at the time

Randall R. Bradford v. Mike Huckabee

330 F.3d 1038 · Court of Appeals for the Eighth Circuit · Jun 5, 2003

Public officials are entitled to qualified immunity in suits against them in their individual capacity as long as their actions do not violate "clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is an affirmative defense, to be upheld in a motion to dismiss only when the immunity can be established on the face of the complaint.

Miles v. Rich

576 F. App'x 394 · Court of Appeals for the Fifth Circuit · Jul 31, 2014

Under the doctrine of qualified immunity, government officials acting within their discretionary authority are immune from civil liability for damages if their conduct does not violate clearly established constitutional rights … The test for qualified immunity is twofold: (1) “whether the plaintiff has alleged a violation of a clearly established constitutional right;” and (2) “whether the defendant’s conduct was objectively unreasonable in light

Cutino v. Untch

79 F. Supp. 3d 1305 · District Court, S.D. Florida · Jan 14, 2015

Qualified Immunity Standards Qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights … In this respect, qualified immunity “ ‘gives government officials breathing room to make reasonable but mistaken judgments.’ ” Carroll v.

Biggs v. Best, Best & Krieger

189 F.3d 989 · Court of Appeals for the Ninth Circuit · Aug 30, 1999

Finally, we consider de novo a denial of summary judgment based on qualified immunity to the extent that the parties raise the “purely legal” issue of whether the right allegedly violated was clearly established. … . *994 In order to determine whether the council defendants should receive qualified immunity, we must consider (1) whether the law governing the official’s conduct was clearly established and (2) whether, given this clearly

Baptiste v. Foster, NHAG, et al.

2017 DNH 098 · District Court, D. New Hampshire · May 25, 2017

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The defendants are entitled to qualified immunity in this case unless the rights Baptiste asserts were clearly established by December of 2014 when the search occurred.

Finch v. Wemlinger

310 N.W.2d 66 · Supreme Court of Minnesota · Sep 11, 1981

In Scheuer the Court defined qualified immunity in these words: [I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent upon the scope of discretion … We will continue to apply the federal standard of qualified immunity in actions under 42 U.S.C. § 1983 brought in state court. The burden of pleading the defense of qualified immunity rests with defendants, Gomez v.

Jacoby Garrett v. Harold Clarke

74 F.4th 579 · Court of Appeals for the Fourth Circuit · Jul 25, 2023

“Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, insofar as their conduct does not violate clearly established … Therefore, Defendants are entitled to qualified immunity unless “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time

Hardesty v. City of Ecorse

623 F. Supp. 2d 855 · District Court, E.D. Michigan · Jun 1, 2009

Therefore, if the plaintiff fails to establish either of the two requirements set forth in Saucier, then qualified immunity applies. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . In January 2009, in Pearson v. … Thus, Defendant is entitled to qualified immunity. Second, even if a violation could be made out on a favorable view of the parties’ submissions, qualified immunity applies unless the right was clearly established. Id.

Parker v. Blackwell

23 F.4th 517 · Court of Appeals for the Fifth Circuit · Jan 13, 2022

Sheriff Blackwell asserts that he is entitled to qualified immunity. … A plaintiff seeking to defeat qualified immunity must show that (1) the official violated a statutory or constitutional right and (2) the right was clearly established at the time of the conduct. Morgan v.

Jones v. Las Vegas Metropolitan Police Department

873 F.3d 1123 · Court of Appeals for the Ninth Circuit · Oct 20, 2017

Clearly Established Law - Because defendants may have committed constitutional violations, we turn to the second element of' qualified immunity: whether there was clearly established law. Defendants rely on Brooks v. … qualified immunity).

Texas Department of Criminal Justice v. Cooke

149 S.W.3d 700 · Texas Court of Appeals, 3rd District (Austin) · Jul 1, 2004

The Department urges that immunity has not been waived because Johnson has failed to establish by his pleadings and the evidence that he was denied the job because of his race. … Although the Department believes that Johnson was clearly not qualified for the position and that, therefore, he had no prima facie case and necessarily pleaded fraudulently that he was qualified, for the reasons already

Sheck Mulbah v. Cody Jansen

55 F.4th 1164 · Court of Appeals for the Eighth Circuit · Dec 22, 2022

The district court found a genuine dispute of material fact about whether there was probable cause to stop the van and also found the law governing the stop was clearly established. … Similarly, to determine whether Jansen violated clearly established law, we need to know what happened.