Case law

Sheck Mulbah v. Cody Jansen

55 F.4th 1164 · Court of Appeals for the Eighth Circuit · Dec 22, 2022

The district court found a genuine dispute of material fact about whether there was probable cause to stop the van and also found the law governing the stop was clearly established. … Similarly, to determine whether Jansen violated clearly established law, we need to know what happened.

Betances v. Fischer

519 F. App'x 39 · Court of Appeals for the Second Circuit · Jun 4, 2013

Arguing that they were entitled to qualified immunity on the ground that the law was not clearly established at the time of their challenged conduct, defendants moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). … The district court denied the motions, ruling that plaintiffs’ rights became clearly established when this Court decided Earley v.

Bolden v. Village of Monticello

344 F. Supp. 2d 407 · District Court, S.D. New York · Nov 4, 2004

Qualified Immunity Qualified immunity shields a public official from civil liability when his conduct “does not violate a clearly established statutory or constitutional right.” Richardson v. … As noted above, a police officer is entitled to qualified immunity if (1) his conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for the officer to believe his conduct

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

Brenda Davis v. Michelle L. Munger

11 F.4th 604 · Court of Appeals for the Eighth Circuit · Aug 24, 2021

A public official is entitled to qualified immunity unless: (1) their conduct violated a constitutional right, and (2) that right was clearly established. Williams v. … Qualified immunity is “appropriate where no reasonable fact finder could conclude that the facts when viewed in a light most favorable to the plaintiff show that the officers’ conduct violated a clearly established constitutional

Birkeland v. Jorgenson

District Court, D. Minnesota · May 1, 2019

However, the Court must also consider the second prong of the qualified immunity analysis, whether the right was “clearly established.” … Therefore, the alleged right at issue is not clearly established, and the officers are entitled to qualified immunity on this claim. 2.

Jessica McKee v. Jessica Brady

Court of Appeals for the Eighth Circuit · Aug 17, 2026

“Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We therefore conclude that Brady is entitled to qualified immunity.

Miguel A. Figueroa-Rodriguez v. Jorge L. Aquino, Etc.

863 F.2d 1037 · Court of Appeals for the First Circuit · Dec 9, 1988

See DeAbadia, 792 F.2d at 1193 (“the very fact that there is a reasonable dispute means that, from the standpoint of qualified immunity, the law was not clearly established in plaintiff’s favor”). … Given this focus, Aquino was entitled to qualified immunity because it was not clearly established in January 1985 that political affiliation was not an appropriate requirement for the effective performance of the job of

Morgan v. Stringer

945 F. Supp. 1129 · District Court, N.D. Illinois · Nov 12, 1996

established constitutional right at the time that they acted (consistently with that reason for the rule, Harlow, id. at 818, 102 S.Ct. at 2738 stressed the notion that motions for summary judgment on qualified immunity … The principles of qualified immunity that we reaffirm today require that Anderson be permitted to argue that he is entitled to *1132 summary judgment on the ground that, in light of the clearly established principles governing

Brooks v. Berg

270 F. Supp. 2d 302 · District Court, N.D. New York · Jul 15, 2003

Qualified Immunity “Qualified immunity shields public officials from liability for civil damages if their actions were objectively reasonable, as evaluated in the context of legal rules that were ‘clearly established’ at … Accordingly, the Court turns to the second step of the qualified immunity inquiry: whether this right was clearly established at the time of the alleged violation.

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

Acklin v. City of Inkster

93 F. Supp. 3d 778 · District Court, E.D. Michigan · Mar 20, 2015

Specifically, the Defendants contend they should be entitled to qualified immunity because they contend they did not violate any statutory or constitutional right that was clearly established and of which a reasonable person … As discussed, Acklin’s Fourth Amendment claim for excessive force while handcuffed is “clearly established;” thus, Plaintiff meets that prong of the qualified immunity analysis. See Meirthew, 417 Fed.Appx. at 499 .

Ajala v. Tom

658 F. App'x 805 · Court of Appeals for the Seventh Circuit · Jul 22, 2016

shown that their conduct violated clearly established law in 2007. … On appeal Ajala argues that the district court erred in granting qualified immunity to the Defendants because, he says, it was clearly established by 2007 that using restraints to inflict prolonged, unnecessary pain on a

Towery v. State

221 Cal. Rptr. 3d 692 · California Court of Appeal, 5th District · Aug 10, 2017

Civil Code section 52.1 does not address the immunity established by Government Code section 844.6. Nothing in Civil Code section 52.1 indicates an intent to abrogate this specific immunity provision. … The court explained that the current scope of this qualified immunity "shields a public officer from an action for damages under 42 United States Code section 1983 unless the officer has violated a 'clearly established' constitutional

Rich v. United States

158 F. Supp. 2d 619 · District Court, D. Maryland · Jul 13, 2001

“Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional … To obtain qualified immunity, Defendants must establish that in light of this clearly established law, the agents reasonably could have believed that the search of Plaintiffs’ home was lawful.

Benjamin Reynolds v. American National Red Cross

701 F.3d 143 · Court of Appeals for the Fourth Circuit · Dec 7, 2012

The Toyota Court held, in order to qualify as disabled under the ADA, "an individual must have an impairment that 12 REYNOLDS v. … AMERICAN NATIONAL RED CROSS cal] inquiries of an employee," id. § 12112(d)(4)(A), the record clearly shows Reynolds disclosed his medical condi- tion voluntarily to Lockhart, who by all accounts was Reyn- olds’s friend.

Anthony v. Vaccaro

43 F. Supp. 2d 843 · District Court, N.D. Ohio · Mar 16, 1999

Gilley, 957 F.2d 1347, 1348 (6th Cir.1992). of Government officials are generally entitled to qualified immunity when performing discretionary functions as long as the conduct “does not violate clearly established statutory … In order to assert a violation of a “clearly established” right and defeat a qualified immunity defense, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is

Volpi v. Center Moriches Union Free School District

9 F. Supp. 3d 255 · District Court, E.D. New York · Mar 24, 2014

Qualified immunity protects an official from civil liability if their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Taravella v. … When evaluating whether qualified immunity applies, the court must engage in a two-part inquiry: 1) whether the constitutional right has been violated; and 2) whether that right was clearly established at the time of the

Alan D. Whatley v. Robert E. Philo

817 F.2d 19 · Court of Appeals for the Fifth Circuit · May 18, 1987

GEE, Circuit Judge: This § 1988 case presents the question whether the plaintiff has vitiated the defendants’ qualified immunity defense. … The defendants asserted their qualified immunity defense. The district court dismissed on summary judgment, 1 on the basis that Whatley had failed to overcome the immunity defense.

Bowen Ex Rel. Estate of Bowen v. Warden, Baldwin State Prison

826 F.3d 1312 · Court of Appeals for the Eleventh Circuit · Jun 22, 2016

Finally, the three defendant officials maintained that they were entitled to qualified immunity because they were acting within their discretionary authority and their conduct was not in violation of clearly established … and Officer Davis are “not entitled to qualified immunity by showing that the facts alleged make out a violation of a constitutional right and that the constitutional right was clearly established at the time of [the]