Case law

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.

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

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.

Oldridge v. Wichita, Kansas, City of

District Court, D. Kansas · Nov 30, 2022

While an issue of fact as to whether it was reasonably foreseeable that these actions would lead to a violation of Plaintiff’s clearly established rights, qualified immunity requires a plaintiff to prove more than a reasonably … Plaintiff has failed to show under a qualified immunity analysis that Givens, Salcido, and Ramsay violated a clearly established constitutional right.

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

Smith v. Stafford

189 P.3d 1065 · Alaska Supreme Court · Aug 8, 2008

that qualified immunity is appropriate. … 42 If the allegations show a constitutional violation, courts then must determine whether the right allegedly violated was "clearly established," which occurs where the "contours of the right [are] sufficiently clear that

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

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.

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).

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.

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.

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

Johnson v. Carroll

658 F.3d 819 · Court of Appeals for the Eighth Circuit · Oct 7, 2011

“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … “Qualified immunity involves the following two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established at

Olsen v. Idaho State Board of Medicine

363 F.3d 916 · Court of Appeals for the Ninth Circuit · Apr 7, 2004

Additionally, the Board’s proceedings are clearly adversarial, a proposition which is not in dispute. … We have previously explained that acts occurring during - a disciplinary hearing process clearly fall within the scope of absolute immunity. Mishler, 191 F.3d at 1008 .

Military Circle Pet Center No. 94, Inc. v. Cobb County

665 F. Supp. 909 · District Court, N.D. Georgia · May 20, 1987

Because plaintiff has presented evidence that defendants committed acts in violation of plaintiff’s clearly established constitutional and statutory rights, defendants are not entitled to qualified immunity from plaintiff … Because a defendant is not entitled to qualified immunity if he violates clearly established constitutional or statutory rights, defendants’ argument regarding Defendant Head’s "prosecutorial immunity” and lack of unconstitutional

West v. Phillips

883 F. Supp. 308 · District Court, S.D. Indiana · Aug 26, 1994

The Applicability of Qualified Immunity to the Defendants The Supreme Court established the modern doctrine of qualified immunity in Harlow v. Fitzgerald, supra. … The test for determining qualified immunity in Harlow, Anderson, and Casteel focuses on the violation of a “clearly established” constitutional right, not a “clearly established” affirmative defense. 11 In support of her