Case law

Koch v. Rugg

221 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Aug 11, 2000

clearly established law." … violate clearly established law.").

Baldwin v. Estherville

333 F. Supp. 3d 817 · District Court, N.D. Iowa · Sep 14, 2018

In those jurisdictions, there cannot be liability unless the defendant violated "clearly established ... constitutional rights of which a reasonable person would have known." … In my prior ruling, as to qualified immunity to the federal constitutional clam, I concluded that it was not clearly established that Baldwin's conduct-operating his ATV in a ditch that was publicly-owned property-did not

Rivera Castelan v. Taylor

Court of Appeals for the Fifth Circuit · Aug 6, 2026

Our Review Qualified immunity generally shields government officials so long “as their conduct does not violate [a] clearly established [federal] right[].” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … right was clearly established.

Gant v. Maness

786 So. 2d 401 · Mississippi Supreme Court · Jun 7, 2001

This, according to longstanding Mississippi law, is clearly insufficient to establish a duty of care owing to him in particular: when the duty imposed upon an officer is one solely to the public, the failure to perform it … Now, in developing his argument for qualified immunity, Gant asserts that his duties regarding Thompson's incarceration were discretionary and that he is, thus, entitled to qualified immunity.

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.

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).

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).

Amir M. Meshal v. Commissioner, Georgia Department of Public Safety

117 F.4th 1273 · Court of Appeals for the Eleventh Circuit · Sep 16, 2024

The officers moved to dismiss the complaint on qualified-immunity grounds, arguing that Meshal failed to allege a violation of clearly established law. … The district court’s qualified-immunity ruling should be re- versed only if the existence of the affirmative defense of qualified immunity “clearly appears on the face of the complaint.”

Almonte v. City Of Long Beach

478 F.3d 100 · Court of Appeals for the Second Circuit · Feb 14, 2007

Qualified Immunity Based on the "Policymaker Exception" 24 The doctrine of qualified immunity shields public officials from personal liability for official actions, "unless their conduct violates clearly established constitutional … Stated differently, an official is entitled to qualified immunity (1) if the plaintiff has not alleged a violation of a constitutional right, (2) if that right was not clearly established at the time of the conduct, or (3

Act Up!/Portland v. Bagley

971 F.2d 298 · Court of Appeals for the Ninth Circuit · Jul 24, 1992

II QUALIFIED IMMUNITY We review a district court’s denial of a qualified immunity defense de novo. Baker v. Racansky, 887 F.2d 183, 185 (9th Cir.1989). … When a law enforcement officer asserts qualified immunity from liability for civil rights violations, the district court must determine whether, in light of clearly established principles governing the conduct in question

Hudgins v. City Of Ashburn

890 F.2d 396 · Court of Appeals for the Eleventh Circuit · Jan 24, 1990

The Zeigler/Rich Analysis for Determining Summary Judgment Based on Qualified Immunity 29 Rich recognized that the Supreme Court established its objective-reasonableness test for determining qualified or good-faith immunity … or not that law is clearly established.

Reeves v. Thigpen

879 F. Supp. 1153 · District Court, M.D. Alabama · Mar 16, 1995

Under this test, public officials performing discretionary functions which would objectively appear to be within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the “legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly

Jenne v. Maranto

825 So. 2d 409 · District Court of Appeal of Florida · Aug 21, 2002

Section 216(b), in turn, clearly provides for suits by individuals against States. … Accordingly, the reasoning that underlies the immediate appealability of an order denying ... qualified immunity should be...

Jerry Hollingsworth and Kenneth Anderson v. Kim Hackler, Individually and as Next Friend for C. H., a Minor, and Steve Hackler, Individually and as Next Friend for C. H., a Minor

Texas Court of Appeals, 2nd District (Fort Worth) · Dec 31, 2009

of qualified immunity shields an official performing discretionary functions from individual liability for civil damages under § 1983 if the official’s “conduct does not violate clearly established statutory or constitutional … ’s conduct violated a clearly established statutory or constitutional right.18 A right is “clearly established” when its contours are “sufficiently clear that a reasonable official would understand that what he is doing

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

Ellis v. Vance

227 F. Supp. 3d 627 · District Court, N.D. Mississippi · Jan 3, 2017

As discussed below, plaintiffs failure to offer more specific authority means that she is unable to establish the “clearly established” prong of the qualified immunity test, but it also makes it exceedingly difficult for … This court now turns to the second, or “clearly established,” prong of the qualified immunity standard. The U.S.

Schubert v. City of Rye

775 F. Supp. 2d 689 · District Court, S.D. New York · Mar 31, 2011

A government official may be entitled to qualified immunity if either his “conduct did not violate plaintiffs clearly established rights or if it would have been objectively reasonable for the official to believe that his … “A defendant pleading qualified immunity on a motion to dismiss is entitled to prevail if the allegations in the complaint fail to state a claim of violation of clearly established law.” Id.

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.’

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.