Case law

Jones v. Hunt

410 F.3d 1221 · Court of Appeals for the Tenth Circuit · Jun 14, 2005

The district court dismissed her claims against Haberman on the basis of qualified immunity, finding that Haberman’s actions did not amount to a seizure and that, even if they did, the law was not clearly established at … established law, the district court granted Haberman’s motion to dismiss on the basis of qualified immunity.

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).

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

Tlamka v. Serrell

244 F.3d 628 · Court of Appeals for the Eighth Circuit · Apr 2, 2001

A. 9 Qualified immunity protects a governmental official from suit when his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Sexton v. … was clearly established at the time of the alleged violation."

Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission

268 F.3d 1014 · Court of Appeals for the Eleventh Circuit · Sep 26, 2001

“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.” Mitchell v. … We also do not take into account the debatable nature of this most basic question when we write about whether the law was clearly established for the purposes of qualified immunity. .

Wilson v. Meeks

98 F.3d 1247 · Court of Appeals for the Tenth Circuit · Oct 23, 1996

Suffice that the first appeal established the qualified immunity of the individual police officers from all of plaintiffs’ federal claims. … When a finding of qualified immunity is predicated on the basis that the law is not clearly established, it is indeed correct that “there is nothing anomalous about allowing [a suit against a municipality] to

Jewellean S. Mangaroo v. Ivory v. Nelson

864 F.2d 1202 · Court of Appeals for the Fifth Circuit · Feb 8, 1989

Government officials sued in their individual capacities for money damages are entitled to qualified immunity from liability insofar as their conduct does not violate a clearly-established constitutional right of which a … Without expressing any view on whether she actually had a property interest in her position, we hold, for the purposes of our qualified-immunity analysis, that it was not clearly established, at the time of her demotion,

Estate of Redd v. Love

62 F. Supp. 3d 1268 · District Court, D. Utah · Oct 15, 2014

Qualified Immunity Defendants contend that they are entitled to qualified immunity. … Agent Barnes is entitled to qualified immunity on this claim.

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.

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

Chateaubriand v. Gaspard

97 F.3d 1218 · Court of Appeals for the Ninth Circuit · Oct 7, 1996

of qualified immunity. 11 The Caucus leaders interlocutorily appeal from the district court's order denying them summary judgment based on absolute and qualified immunity. … The district court further denied summary judgment on qualified immunity grounds because "discharging a public employee in retaliation for protected speech violated clearly established law of which a reasonable person would

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.

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.

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.

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.

Martínez-Rodríguez v. Guevara

597 F.3d 414 · Court of Appeals for the First Circuit · Mar 1, 2010

First, they assume that Defendants are protected by qualified immunity rather than absolute immunity. … The qualified immunity doctrine protects federal and state officials from civil liability in the performance of "discretionary functions . . . insofar as their conduct does not violate clearly established statutory or

Lassiter v. Alabama A & M University, Board of Trustees

3 F.3d 1482 · Court of Appeals for the Eleventh Circuit · Oct 7, 1993

Since the contract was ambiguous, the court reasoned, it was not clearly established that the contract created a property interest. This decision reflects a misunderstanding of qualified immunity. … Because the law was clearly established, the qualified immunity doctrine cannot shield the individual capacity defendants from suit.

Henry Lyons v. F. Wayne Vaught

781 F.3d 958 · Court of Appeals for the Eighth Circuit · Mar 24, 2015

We have jurisdiction over the denial of a motion to dismiss based on qualified immunity, including “whether a particular complaint sufficiently alleges a clearly established violation of law.” Ashcroft v. … established’ for purposes of the . . . qualified immunity standard.”

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.

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.