Case law

Shimomura v. Carlson

17 F. Supp. 3d 1120 · District Court, D. Colorado · Feb 14, 2014

Qualified Immunity. … Shimomura has met the first prong of the qualified immunity test by establishing that no probable cause existed to support the arrest. 2. Clearly Established Right.

Manhattan Beach Police Officers Association, Inc. v. City of Manhattan Beach David J. Thompson Harry L. Kuhlmeyer, Jr.

881 F.2d 816 · Court of Appeals for the Ninth Circuit · Aug 8, 1989

The only issue before us, however, in reviewing the denial of defendants’ claim of qualified immunity, is whether the plaintiffs have alleged the violation of norms that were clearly established at the time of the challenged … The Supreme Court has stated that state and local officials are entitled to qualified immunity if “their conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would

Knussman v. State of Md.

16 F. Supp. 2d 601 · District Court, D. Maryland · Aug 13, 1998

To determine whether qualified immunity shields a public official courts should: “(1) identify the right allegedly violated, (2) decide whether that right was clearly established at the time of the alleged violation, and … Under these circumstances, the law can hardly be deemed “clearly established” and, accordingly, qualified immunity is available to all of the individual defendants. 5 Moreover, contrary to plaintiffs as *611 sertion that

Gill v. City of Milwaukee

850 F.3d 335 · Court of Appeals for the Seventh Circuit · Mar 7, 2017

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ … ” the Supreme Court has rejected in the qualified immunity context.

Air Supply, Inc. v. Wahlder

9 La.App. 3 Cir. 107 · Louisiana Court of Appeal · Jun 10, 2009

. § 1983 , as defendants are entitled to absolute and qualified immunity. … We conclude that plaintiffs herein have failed to allege sufficient facts to assert that defendants violated a clearly established right of which a reasonable person would have known and, therefore, have failed to state a

Watkins v. United States Postal Employee

611 F. App'x 549 · Court of Appeals for the Eleventh Circuit · May 4, 2015

“Qualified immunity offers complete protection for individual government officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In considering whether an official is entitled to qualified immunity, the court must decide whether the facts alleged show the defendant violated a constitutional right and whether the right was clearly established.

Sims Ex Rel. Sims v. Forehand

112 F. Supp. 2d 1260 · District Court, M.D. Alabama · Sep 5, 2000

If a question of law is unsettled, it is not clearly established, and, thus, the defendant is entitled to qualified immunity. See Daniel v. Taylor, 808 F.2d 1401, 1403 (11th Cir.1986). … For another example of a case that found the "clearly established” requirement satisfied and denied qualified immunity without citing a previous case with similar facts, see Powell v. M.C.

James Stickley v. Karl Byrd

703 F.3d 421 · Court of Appeals for the Eighth Circuit · Jan 14, 2013

“Qualified immunity shields a government official from liability and the burdens of litigation unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known … -3- clearly established when the alleged misconduct occurred.” Williams v. Herron, 687 F.3d 971, 974 (8th Cir. 2012).

Jeffrey "Zeal" Stefanoff v. Hays County, Texas and Paul Hastings, Sheriff, in His Individual and Official Capacity

154 F.3d 523 · Court of Appeals for the Fifth Circuit · Nov 19, 1998

An official is not entitled to qualified immunity if, at the time the challenged action occurred, the federal law proscribing it was clearly established not only as an abstract matter but also in a more particularized sense … In order to overcome Hastings’s claim of qualified immunity, Stefanoff must specifically allege the violation of a clearly established constitutional right. See Siegert v.

Opinion No.

Arkansas Attorney General Reports · Jan 14, 2008

I believe an individual thus certified by the Division of Health and Human Services as an EMT would clearly qualify as a "health care professional" for purposes of applying the Good Samaritan Act. … Any first responder who qualifies as a "health care professional" would consequently enjoy qualified immunity for providing emergency care, but only if he did not receive compensation either for his time or expenses, in consideration

Macareno v. Thomas

378 F. Supp. 3d 933 · District Court, W.D. Washington · May 8, 2019

Government officials enjoy qualified immunity from civil damages unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … Because Plaintiff's Fourth Amendment right was clearly established, the Court DENIES Defendant Officers' motion for qualified immunity. iii.

Massaro v. Town of Trumbull

525 F. Supp. 2d 302 · District Court, D. Connecticut · Dec 13, 2007

Qualified immunity shields police officers acting in their official capacity from suits for damages ... unless their actions *307 violate clearly-established rights of which an objectively reasonable official would have known … The defendants are therefore entitled to qualified immunity.

Wesley v. Rigney

913 F. Supp. 2d 313 · District Court, E.D. Kentucky · Dec 18, 2012

Defendant is also entitled to qualified immunity because her actions were ob *324 jectively reasonable in light of clearly established law. … However, the Court also recognized that this rule was not clearly established after Hartman and, therefore, the officer-petitioner was entitled to qualified immunity.

Green v. Post

574 F.3d 1294 · Court of Appeals for the Tenth Circuit · Aug 7, 2009

Because we held that the law was not clearly established at the time of the accident, however, we held that the officer was entitled to qualified immunity. … immunity because the law was not clearly established at the time of the incident.

Williams v. Commonwealth Of Kentucky

24 F.3d 1526 · Court of Appeals for the Sixth Circuit · May 26, 1994

qualified immunity issues. … III. 69 Defendants are not entitled to qualified immunity on Williams' First Amendment claim. It was clearly established that the speech Williams cites as the reason for her demotion addressed matters of public concern.

Kamel Chaney-Snell v. Andrew Young

98 F.4th 699 · Court of Appeals for the Sixth Circuit · Apr 15, 2024

Page 25 clearly established right at the second step of the qualified-immunity analysis. … Besides, Chaney-Snell could not overcome the second step of the qualified-immunity test by using these cases. Unpublished decisions cannot create clearly established rights.

Pohto v. Leiser

738 F. Supp. 474 · District Court, M.D. Florida · Jun 5, 1990

DEFENDANT LEISER’S MOTION ON QUALIFIED IMMUNITY GROUNDS “A government official performing a discretionary function is entitled to qualified immunity from personal liability when the acts complained of violate no clearly established … In light of this Court’s aforementioned analysis of qualified immunity, this Court recognizes that, similar to Defendant Leiser, these board members violated no clearly established constitutional law.

Kane ex rel. K.J. v. Chester County Department of Children, Youth & Families

10 F. Supp. 3d 671 · District Court, E.D. Pennsylvania · Mar 31, 2014

The CYF Motion to Dismiss next argues that the discretionary conduct of the CYF defendants is protected by the doctrine of qualified immunity because plaintiff has not pleaded a right that was so clearly established that … clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” James v.

Buxton v. Nolte

473 F. Supp. 2d 802 · District Court, S.D. Ohio · Feb 12, 2007

Since the facts do not give rise to a violation of a clearly established constitutional right, Officer Nolte is entitled to qualified immunity on the arrest without probable cause claim. b. … Officer Nolte is entitled to qualified immunity unless his conduct violated a clearly established right of which a reasonable person would have known.

Ammons v. Washington Department of Social & Health Services

648 F.3d 1020 · Court of Appeals for the Ninth Circuit · Aug 17, 2011

In reviewing the denial of qualified immunity, we consider the “purely legal issue of whether facts alleged by the plaintiff support a claim of violation of clearly established law” such that appellants are not immune from … This conclusion, at least, serves as clearly established law.