Case law

Evett v. DETNTFF

330 F.3d 681 · Court of Appeals for the Fifth Circuit · Jun 3, 2003

The law could not be more clear that an individual has a clearly established right to be free from unlawful arrest. … First, the plaintiff must allege the violation of a clearly established right.

Suddith v. UNIVERSITY OF SOUTHERN MISS.

977 So. 2d 1158 · Court of Appeals of Mississippi · Jul 31, 2007

Qualified or "good faith" immunity "shields state officials from liability unless their conduct violates `clearly established statutory or constitutional rights of which a reasonable person would have known.'" … As discussed in the next section of this opinion, Suddith fails to establish that there has been a violation of a clearly established constitutional right.

Kenneth Hunt v. Dale Acosta

109 F.4th 1003 · Court of Appeals for the Eighth Circuit · Jul 23, 2024

The district court denied qualified and quasi-judicial immunity for Officer Acosta and qualified immunity for Mayor Williams and Chief Wilson. … Qualified Immunity Interlocutory review of the denial of qualified immunity is limited to “the purely legal issue of whether the facts alleged by the plaintiff are a violation of clearly established law.”

City of Laredo v. Leal

161 S.W.3d 558 · Texas Court of Appeals, 4th District (San Antonio) · Feb 11, 2005

Qualified Immunity Dovalina next argues the trial court erred in denying his motion for summary judgment on Leal’s substantive and procedural due process claims on the ground of qualified immunity. 3 We again agree. … “The well-established test for qualified immunity requires us to engage in a two-step inquiry.” Sanchez v. Swyden, 139 F.3d 464, 466 (5th Cir.), cert. denied, 525 U.S. 872 , 119 S.Ct. 170 , 142 L.Ed.2d 139 (1998).

Weigand v. Spadt

317 F. Supp. 2d 1129 · District Court, D. Nebraska · May 12, 2004

DISCUSSION “ ‘Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known.’” Yowell v. … Stated another way, qualified immunity shields a defendant from suit if he or she could have reasonably believed his or her conduct to be lawful “in light of clearly established law and the information [that the defendant

Beverly Spencer v. Sheriff Jonathan Benison

5 F.4th 1222 · Court of Appeals for the Eleventh Circuit · Jul 16, 2021

It found that Benison was not entitled to qualified immunity on Spencer’s individual capacity claims because he “failed to establish that he was acting within the scope of his discretionary authority” when he ordered Spencer … 18-14397 Date Filed: 07/16/2021 Page: 10 of 21 “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

Herbert Whitlock v. Charles Bruegge

682 F.3d 567 · Court of Appeals for the Seventh Circuit · May 30, 2012

Patchman, 424 U.S. 409 (1976), or in the alterna- tive, that he is entitled to qualified immunity because he did not violate any of the plaintiffs’ clearly established constitutional rights. See Harlow v. … An official is entitled to qualified immunity for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow, 457 U.S. at 818.

Gidley v. Oliveri

641 F. Supp. 2d 92 · District Court, D. New Hampshire · Jun 25, 2009

The defendants are entitled to qualified immunity on the federal claims under 42 U.S.C. § 1983 because the booking-and-summons of Gidley did not implicate a clearly established Fourth Amendment right such that a reasonable … Clearly established right “Public officials are ... entitled to qualified immunity unless the facts establish that their conduct violated a constitutional right that was ‘clearly established’ at the time of the violation.

Shows v. Morgan

40 F. Supp. 2d 1345 · District Court, M.D. Alabama · Mar 17, 1999

Where the law that the defendants allegedly violated was not clearly established at the time of the alleged offense, the defendants are entitled to qualified immunity. See id. at 807 , 102 S.Ct. at 2732 ; Stewart v. … established, and (3) where the qualified immunity determination does end the whole case,” Lewis does not prohibit the. court from first considering a qualified-immunity defense).

Allen v. Town of Colcord

874 F. Supp. 2d 1276 · District Court, N.D. Oklahoma · Jun 1, 2012

capacity, and Defendants Creech and Denny do not dispute this in their reply. 98 Plaintiff further states that none of the Defendants are entitled to qualified immunity as they all violated clearly established Constitutional … qualified immunity context, a plaintiff must allege facts, if assumed to be true, that are sufficient to show that the defendants violated a plaintiffs constitutional rights, and that those rights were clearly established

Rivera-Jimenez v. Pierluisi

362 F.3d 87 · Court of Appeals for the First Circuit · Mar 29, 2004

Qualified Immunity "Denials of summary judgment on qualified immunity grounds are reviewed to the extent that the qualified immunity defense turns upon a purely legal question and any disputed … We turn now to the second prong of the qualified immunity analysis. "The question of whether a right is clearly established is an issue of law for the court to decide."

Looney v. Black

702 F.3d 701 · Court of Appeals for the Second Circuit · Dec 21, 2012

To determine whether Black is entitled to qualified immunity as to Looney’s procedural due process claim, we must determine also whether the constitutionally protected property right was “clearly established.” 2 Reichle, … To defeat an assertion of qualified immunity, an employee’s constitutional right to free speech must also be “clearly established” under the law. Reichle, 132 S.Ct. at 2093 .

Airday v. The City Of New York

District Court, S.D. New York · Sep 13, 2019

Qualified immunity shields a government official from money damages when his conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … A defendant has qualified immunity from a due-process claim when it was not clearly established at the time of the alleged deprivation that the purported property or liberty interest of which the plaintiff was deprived

Janice Akins v. Fulton County, Georgia

420 F.3d 1293 · Court of Appeals for the Eleventh Circuit · Aug 17, 2005

Clearly Established Law The final step in the qualified immunity inquiry is determining whether the law was clearly established so as to put Gates on notice that his behavior was a violation. … We based our primary holding on the “clearly established” prong of the qualified immunity test.

Brandy Kane v. Shawn Barger

902 F.3d 185 · Court of Appeals for the Third Circuit · Aug 22, 2018

The District Court granted summary judgment in favor of Barger, finding that—even if Barger’s conduct was unlawful—he was still immune from suit under the exacting “clearly established” prong of our qualified immunity analysis … As such, the right was clearly established for purposes of qualified immunity. III.

Warney v. City of Rochester

536 F. Supp. 2d 285 · District Court, W.D. New York · Feb 11, 2008

are covered by qualified immunity. … LEXIS 18002 (N.D.Ill.2002) (finding that a due process right to disclosure of post-conviction exculpatory evidence exists, but granting qualified immunity because the right was not “clearly established” in 1997), aff'd in

Jones v. State

166 P.3d 1219 · Court of Appeals of Washington · Sep 17, 2007

of a clearly established constitutional right. … ] Once the defendant asserts qualified immunity, the plaintiff must establish that the defendant violated a clearly established constitutional right in order to survive summary judgment. [23] Jones claims the individual defendants

Matrisciano v. Randle

569 F.3d 723 · Court of Appeals for the Seventh Circuit · Jun 26, 2009

entitled to qualified immunity. … Because the violation of a constitutional right was not clearly established at the relevant time, the defendants are entitled to qualified immunity. III.

Estate Frank P. Lagano v. Bergen County Prosecutors Offi

769 F.3d 850 · Court of Appeals for the Third Circuit · Oct 15, 2014

Mordaga responded that he is entitled to qualified immunity on the state-created danger claims because the Estate failed to establish either a violation of a constitutional right, or that the constitutional right was clearly … The District Court focused on the second prong of the qualified immunity analysis, holding that the constitutional right claimed to have been violated was not clearly established at the time of Lagano’s murder.

Summer Gorman v. State of Mississippi

892 F.3d 172 · Court of Appeals for the Fifth Circuit · Jun 6, 2018

“‘Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Kisela v. Hughes, 138 S. … To defeat qualified immunity in a Fourth Amendment claim under 42 U.S.C. § 1983, the plaintiff must demonstrate both a bona fide Fourth Amendment violation on the facts alleged and that the violation was clearly established