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.

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.

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.

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

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.

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.

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

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.

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

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

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

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.

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.

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.

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.

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.

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

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).

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