Case law

Culver v. Armstrong

832 F.3d 1213 · Court of Appeals for the Tenth Circuit · Aug 9, 2016

For our purpose, “[t]he doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established . . . … To answer the probable cause inquiry posed by the “clearly established” prong of the qualified immunity standard in this case, we need look no further than Wyoming Supreme Court cases construing Wyo. Stat.

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.

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.

Livingood v. Meece

477 N.W.2d 183 · North Dakota Supreme Court · Nov 12, 1991

Meece asserts that he is entitled to qualified immunity under the circumstances of this case. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Nampa Classical Academy v. Goesling

714 F. Supp. 2d 1079 · District Court, D. Idaho · May 17, 2010

Qualified Immunity Standard “Qualified immunity serves to shield government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “Whether a right is ‘clearly established’ for purposes of qualified immunity is an inquiry that ‘must be undertaken in light *1091 of the specific context of the case, not as a broad general proposition.’

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

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.

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

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

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.

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.

Ernest Jackson, Sr. v. Raymond Hoylman and Robert Bidwell

933 F.2d 401 · Court of Appeals for the Sixth Circuit · May 22, 1991

The court then considered the qualified immunity motion and concluded that because qualified immunity turns on the same objective reasonableness standard that the claim of excessive turns on, defendants must be denied summary … be determined before trial whether the defendant did acts that violate clearly established rights.

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.

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.

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

Suboh v. City of Revere, Mass.

141 F. Supp. 2d 124 · District Court, D. Massachusetts · Mar 30, 2001

In light of its unclear boundaries and qualified nature, however, courts have been hesitant to hold that the abstract right to familial integrity is clearly established for the purposes of qualified immunity in the absence … immunity, based on a claim that the right to family integrity was not clearly established, will fail.

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).

Fletcher v. Burkhalter

605 F.3d 1091 · Court of Appeals for the Tenth Circuit · May 24, 2010

was clearly established at the time of the challenged conduct. … Clearly Established Law Deputy Burkhalter entitles a section of his opening brief, “A Reasonable Person in Defendant’s Position Would Not Have Recognized That Deputy Burkhalter’s Actions Violated a Clearly Established