Case law

Shaylene Montoya v. City of Flandreau

669 F.3d 867 · Court of Appeals for the Eighth Circuit · Feb 23, 2012

“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 … We further conclude the constitutional right Officer Hooper allegedly violated was clearly established at the time of the misconduct, as required by the second prong of the qualified immunity analysis.

Nelson v. Turner

256 S.W.3d 37 · Court of Appeals of Kentucky · Jun 6, 2008

She argued that under these circumstances, she was entitled to qualified official immunity from liability. … , but whether that law was clearly established at the time an action occurred.

Antoine Jones v. Steve Kirchner

835 F.3d 74 · Court of Appeals for the D.C. Circuit · Aug 26, 2016

Qualified immunity depends upon the answers to two questions: (1) Did the officer’s conduct violate a constitutional or statutory right? If so, (2) was that right clearly established at the time of the violation? … Nevertheless, we agree with the district court that the Defendants are entitled to qualified immunity, albeit for a different reason: It was not clearly established in Maryland in 2005 that the Fourth Amendment prohibits

Adam Locke v. Mya Haessig

788 F.3d 662 · Court of Appeals for the Seventh Circuit · Jun 5, 2015

The defense of qualified immunity “protects government officials ‘from liability for civil damages insofar as their con- duct does not violate clearly established statutory or consti- tutional rights of which a reasonable … Clearly Established Law in 2007 and 2008 If we accept the facts asserted by Locke, Haessig’s actions violated clearly established law at time of the violation.

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

Bomar v. City of Pontiac

643 F.3d 458 · Court of Appeals for the Sixth Circuit · Jul 1, 2011

The Supreme Court has distinguished between denials of qualified immunity at the summary judgment stage that are based on the district court’s “determination about pre-existing clearly established law” and, on the other hand … But qualified immunity is Main’s defense on the merits.

Estate of Sorrells v. City of Dallas

192 F.R.D. 203 · District Court, N.D. Texas · Feb 25, 2000

Government officials are entitled to qualified immunity if their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Mitchell, 105 S.Ct. at 2815 (“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Cox v. Village of Pleasantville

271 F. Supp. 3d 591 · District Court, S.D. New York · Sep 26, 2017

Qualified immunity shields a defendant from standing trial or facing other burdens of litigation “if either (a) the defendant’s, action did not violate clearly established law, or (b) it was objectively reasonable for the … As there is no clearly-established law holding that a stop under these or similar circumstances is impermissible, the Court agrees that, Hess is entitled to qualified immunity with respect to his Fourth Amendment seizure

Brockway v. Shepherd

942 F. Supp. 1012 · District Court, M.D. Pennsylvania · Oct 4, 1996

III.QUALIFIED IMMUNITY A defendant is entitled to qualified immunity from a claim of a violation of a constitutional right if the right was not clearly established at the time of the alleged deprivation and the contours of … WMe the abstract right to be free from unreasonable seizure clearly is established, for qualified immunity purposes the right must be considered on a more specific level: “[t]he contours of the right must be sufficiently

Handy v. Fisher

District Court, D. Colorado · Apr 28, 2020

Because plaintiffs have met their burden on the first qualified immunity prong, I now consider their allegations that the law in question was clearly established. B. … Plaintiffs have asserted the violation was clearly established but do not provide independent argument on the qualified immunity prongs, perhaps because defendants did not address it in their motion.

Ryan v. Burlington County

889 F.2d 1286 · Court of Appeals for the Third Circuit · Nov 21, 1989

The Freeholders raise two defenses against Ryan’s suit: absolute immunity and qualified immunity. … , then those officials must be held accountable for instances where their actions violate clearly established rights.

Pinder v. Johnson

54 F.3d 1169 · Court of Appeals for the Fourth Circuit · May 30, 1995

Qualified immunity under § 1983 shields officials from civil liability unless their actions violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Where the law is clearly established, and where no reasonable officer could believe he was acting in accordance with it, qualified immunity will not attach.

Swint v. City of Wadley

5 F.3d 1435 · Court of Appeals for the Eleventh Circuit · Nov 3, 1993

However, these factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time' of the challenged actions … Because such a due process right was not clearly established at the time of the raids in this case, Sheriff Morgan, Chief Morgan and Officer Dendinger are entitled to qualified immunity on the due process claims.

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

Delbridge v. Schaeffer

238 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Jan 23, 1989

It held, therefore, that a public official is immune from liability unless he or she violates a clearly established law of which a reasonable person would have known. 457 U.S. at 817-818 , 102 S.Ct. at 2737-38 . … As articulated by the Court, the principles of qualified immunity permit an FBI agent "to argue that he is entitled to summary judgment on the ground that, in light of the clearly established principles governing warrantless

Glass v. Abbo

284 F. Supp. 2d 700 · District Court, E.D. Michigan · Sep 3, 2003

. § 1983 for money damages, qualified immunity protects a public official from being sued as long as the official ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would … The principles of qualified immunity that we reaffirm today require that Anderson be permitted to argue that he is entitled to summary judgment on the ground-that, in light of the clearly established principles governing

Martha L. Pike Cynthia J. Kincer v. Kermit L. Osborne, Individually and in His Capacity as Sheriff of Wythe County, Virginia

301 F.3d 182 · Court of Appeals for the Fourth Circuit · Jul 29, 2002

Osborne appealed, claiming that he is entitled to qualified immunity either, because the plaintiffs failed to allege a constitutional violation or because the law in this area was not clearly established at the time of the … Because the law in this area was not clearly established at the time the plaintiffs were not reappointed, Sheriff Osborne is entitled to qualified immunity.

Electric Fetus Co. v. City of Duluth

547 N.W.2d 448 · Court of Appeals of Minnesota · May 14, 1996

State officials are entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before commencement of discovery. Mitchell v.

Roe v. Hamilton County Department of Human Services

53 Ohio App. 3d 120 · Ohio Court of Appeals · Jul 6, 1988

“clearly established statutory or constitutional rights of which a reasonable person would have known.” … a qualified immunity is appropriate, they should have an opportunity to show whether any clearly established constitutional or statutory standards were violated.

Mitchell v. Miller

56 F. Supp. 3d 57 · District Court, D. Maine · Sep 26, 2014

prong (whether the right was clearly established). … established law for purposes of qualified immunity.