Case law

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” 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

Duerscherl v. Foley

681 F. Supp. 1364 · District Court, D. Minnesota · Jun 25, 1987

If Foley was not entitled to absolute immunity, he would certainly be entitled to qualified immunity. … Failure to show that the asserted interest is protected by the due process clause essentially establishes the defense of qualified immunity. 3 .

Rhein v. Coffman

118 F. Supp. 3d 1093 · District Court, N.D. Illinois · Aug 6, 2015

Coffman also is correct that even if his post-revocation conduct violated Rhein’s due process rights, he is entitled to qualified immunity because he did not violate clearly established law. I. … clearly established law.

Palma v. Atlantic County

53 F. Supp. 2d 743 · District Court, D. New Jersey · Jun 15, 1999

Qualified immunity “shield[s officers] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … [to] determine whether [D]efendant[s][are] entitled to qualified immunity on the grounds that [their] conduct did ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have

Willie Dixon, Hyon Dixon v. Deputy Sheriff Donald Richer, Deputy Sheriff David Yarbrough

922 F.2d 1456 · Court of Appeals for the Tenth Circuit · May 10, 1991

"Once a defendant raises the defense of qualified immunity `[t]he plaintiff carries the burden of convincing the court that the law was clearly established.'" Powell v. … Under the qualified immunity inquiry, we must next determine whether a reasonable officer could have believed that the conduct in question did not violate clearly established law.

Elder v. Holloway

975 F.2d 1388 · Court of Appeals for the Ninth Circuit · Sep 17, 1992

In opposition to the officers' motion for summary judgment on qualified immunity, Elder proffered three out-of-state cases to show that the law was clearly established that a warrant was required to make a "constructive entry … Supreme Court's recent approach to qualified immunity.

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

Jayne Swinford v. Joshua Santos

121 F.4th 179 · Court of Appeals for the Eleventh Circuit · Nov 4, 2024

We now assess whether this video footage established that the officers were entitled to qualified immunity. 10 10 Mrs. … immunity, and we end our qualified immunity analysis.

Tiffanie Hupp v. State Trooper Seth Cook

931 F.3d 307 · Court of Appeals for the Fourth Circuit · Jul 25, 2019

“The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have … An official is not entitled to qualified immunity if he or she deprived an individual of a constitutional right and that right was clearly established at the time of the violation. Pearson, 555 U.S. at 231.

Salvatore Palma, Jr. v. Matthew Johns

27 F.4th 419 · Court of Appeals for the Sixth Circuit · Feb 28, 2022

Clearly Established Having found that there were constitutional violations, we turn to the second prong of the qualified immunity inquiry—whether that constitutional right was clearly established.6 As a starting … Officer Johns’s assertion of qualified immunity obligated the Palmas to explain why Officer Johns’s conduct— either the tasing or the shooting—violated clearly established law. See Jacobs v.

Sandra T.E. v. Grindle

599 F.3d 583 · Court of Appeals for the Seventh Circuit · Mar 17, 2010

Grindle moved for summary judgment, claiming she was entitled to qualified immunity because plaintiffs had failed to estab- lish a violation of a clearly established right. … If they do, we ask whether the violated right was “clearly established” at the time of alleged violation. If so, the official is not entitled to qualified immunity from suit. See Michael C. v.

Hart v. Miller

609 N.W.2d 138 · South Dakota Supreme Court · Apr 19, 2000

To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable officer would have known at the time. Harlow v. … the action, assessed in light of the legal rules that were “clearly established” at the time it was taken.

Dugas v. Jefferson County

931 F. Supp. 1315 · District Court, E.D. Texas · Jun 21, 1996

Underlying Policy and Principles of Analysis The doctrine of qualified immunity affords protection against individual liability for civil damages to officials “insofar as their conduct does not violate clearly established … The seminal qualified immunity decision, Harlow v.

WVDHHR v. V.P.

West Virginia Supreme Court · Mar 21, 2019

In the proceedings below and on appeal, the Guardians assert that the DHHR Petitioners are precluded from relying on qualified immunity protections because the DHHR Petitioners violated a clearly established right. … established constitutional or statutory right, and no basis for piercing the DHHR Petitioners’ qualified immunity exists.

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

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