Case law

Nicholas v. Tucker

89 F. Supp. 2d 475 · District Court, S.D. New York · Mar 14, 2000

In consequence, summary judgment the basis of qualified immunity is not appropriate. … clearly established constitutional right.); Al-Jundi v.

Opinion No. 91-562 (1991) Ag

Oklahoma Attorney General Reports · May 10, 1991

A COUNTY MAY NEVERTHELESS ESTABLISH IMMUNITY FROM TORT LIABILITY, IF IT CAN ESTABLISH FACT THAT WOULD ENTITLE IT TO ONE OF SEVERAL EXEMPTION PROVISIONS FOUND WITHIN THE ACT. … FURTHER, IMMUNITY FOR INCORPORATED CASA ORGANIZATIONS COULD ALSO BE MORE CLEARLY CONFERRED BY AMENDING THE RELEVANT PROVISION TO SPECIFICALLY ADDRESS IMMUNITY FROM VICARIOUS LIABILITY FOR THE INCORPORATED ORGANIZATION ITSELF

Kely Wilkins, Individually and as the Successor in Interest to Decedent William Alberto Wilkins William Alberto Wilkins, Individually the Estate of William Wilkins William Randolph Wilkins, a Minor, by and Through His Guardian Ad Litem, Kely Wilkins Fernando Wilkins, Individually Josefina Wilkins, Individually v. City of Oakland v. Tim Scarrott, Individually, and in His Official Capacity as a Police Officer for the City of Oakland Andrew Koponen, Individually, and in His Official Capacity as a Police Officer for the City of Oakland

350 F.3d 949 · Court of Appeals for the Ninth Circuit · Nov 20, 2003

This general evaluation of the constitutionality of the alleged conduct, however, is not sufficient; we must also determine whether the actions alleged violate a clearly established constitutional right, where `clearly established … Even applying the step-by-step qualified immunity analysis outlined in Saucier, there is no question whether the officers' actions in this case violated clearly established law. They did.

Jensen v. Zuern

517 N.W.2d 118 · North Dakota Court of Appeals · May 31, 1994

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. … clearly established law].

Kelsey v. County of Schoharie

567 F.3d 54 · Court of Appeals for the Second Circuit · May 22, 2009

As a result, it would be premature to determine whether Defendants Bates and Hazzard are responsible for violating clearly established constitutional law or are immune from suit under the qualified immunity doctrine. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Kenneth Harold Swipies v. Frank Kofka

348 F.3d 701 · Court of Appeals for the Eighth Circuit · Nov 3, 2003

An officer is entitled to qualified immunity unless his conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. See Harlow v. … We review the denial of a summary judgment motion claiming qualified immunity only to the extent the denial turns on an issue of law. See Behrens v.

Deezia v. City of Lincoln

350 F. Supp. 3d 868 · District Court, D. Nebraska · Oct 29, 2018

. ----, 136 S.Ct. 305 , 308, 193 L.Ed.2d 255 (2015) (specificity in defining clearly established law for qualified immunity purposes "is especially important in the Fourth Amendment context, where the Court has recognized … For qualified immunity purposes, the question then becomes whether the law at the time of the incident clearly established that the level of force used in this context constituted excessive force. Ehlers v.

Flatford v. City of Monroe

17 F.3d 162 · Court of Appeals for the Sixth Circuit · Feb 22, 1994

To withstand a motion for summary judgment on the ground of qualified immunity, the plaintiff must establish: (1) an alleged violation which implicates clearly established law, and (2) facts sufficient to create a genuine … require action in situations not implicating clearly established rights.

Pahls v. Thomas

718 F.3d 1210 · Court of Appeals for the Tenth Circuit · Jun 4, 2013

For instance, an allegation that Defendant A violated a plaintiff’s clearly established rights does nothing to overcome Defendant B’s assertion of qualified immunity, absent some … See Dodds, 614 F.3d at 1194 (“In conducting qualified immunity analysis . . . , courts do not merely ask whether, taking the plaintiff’s allegations as true, the plaintiff’s clearly established rights were violated.

Heitschmidt v. City of Houston

161 F.3d 834 · Court of Appeals for the Fifth Circuit · Nov 23, 1998

clearly established Fourth Amendment rights, and (2) allege conduct that is objectively unreasonable. … With regard to his unlawful detention claim, Heitschmidt asserts his clearly established right to be free from unreasonable seizure of his person, a right which he maintains includes the clearly established right to be free

Hans Bothke v. Fluor Engineers & Constructors, Inc., and W.J. Terry

834 F.2d 804 · Court of Appeals for the Ninth Circuit · Dec 16, 1987

Thus, the flaw in the reasoning of Bothke I was that the panel examined Terry’s qualified immunity in a Bivens action by looking to see if she had violated Bothke’s clearly established statutory rights. … If Bothke had a clearly established constitutional right to have his March 15 letter construed as a request for abatement, then Terry’s right to assert qualified immunity would depend on the objective reasonableness of Terry

Frias v. Demings

823 F. Supp. 2d 1279 · District Court, M.D. Florida · Oct 14, 2011

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from individual liability as long as their conduct does not violate “clearly established statutory or constitutional rights … The second step in determining whether qualified immunity applies is whether the law was “clearly established.” Gonzalez, 325 F.3d at 1234 .

Backlund v. Barnhart

778 F.2d 1386 · Court of Appeals for the Ninth Circuit · Dec 17, 1985

those rights were clearly established at the time of the conduct at issue. … Davis extended the rule of qualified immunity to state officials. 104 S.Ct. at 3020 n. 12.

Doyle v. Coombe

976 F. Supp. 183 · District Court, W.D. New York · Aug 26, 1997

Qualified Immunity Defendants have not raised qualified immunity as a basis for summary judgment. … “‘To defeat an official’s claim of qualified immunity, the individual’s right must have been clearly established at the time of the alleged violation.’ ” LaBounty, 1996 WL 711497 at *1 (citations omitted).

Doe v. Southeast Delco School District

140 F. Supp. 3d 396 · District Court, E.D. Pennsylvania · Oct 13, 2015

Qualified immunity shields government employees sued in their personal capacities from liability unless their conduct violates “clearly established statutory or constitutional rights ... which a reasonable person would have … Qualified immunity will protect Assistant Superintendent Ryan if Plaintiffs *404 have failed to allege he violated their constitutional rights or if Plaintiffs have alleged a violation of a right that was not clearly established

Samarco v. Neumann

44 F. Supp. 2d 1276 · District Court, S.D. Florida · Mar 4, 1999

The clearly established law prong of the qualified immunity test many not be met through references to general propositions. See Lassiter, 28 F.3d at 1149-50 . … Substantiating Clearly Established Violations of the Fourth Amendment ■ To overcome qualified immunity, Samar-co must show that: (1) Deputy Christensen violated a federal constitutional right; and (2) that the right was clearly

Tonisha via v. Sandra Lagrand, a Dcp Investigator, in Her Individual Capacity

469 F.3d 618 · Court of Appeals for the Seventh Circuit · Nov 17, 2006

See Jones, 425 F.3d at 460 (holding that a defendant is entitled to qualified immunity if the alleged constitutional right was not clearly established at the time of the alleged violation). … was not yet clearly established at the time of the investigation of Via.”

Susan King v. Todd Harwood

852 F.3d 568 · Court of Appeals for the Sixth Circuit · Mar 27, 2017

to qualified immunity. . . . … , because Defendants would lose qualified immunity only if they “recklessly or knowingly” violated King’s clearly established right to be free from malicious prosecution.

Youngbear v. Thalacker

174 F. Supp. 2d 902 · District Court, N.D. Iowa · Nov 8, 2001

Qualified Immunity 1. … The qualified immunity defense should fail if the official violates a clearly established right, because “a reasonably competent public official should know the law governing his conduct.”

Wayne Gerling v. Matthew Waite

2 F.4th 737 · Court of Appeals for the Eighth Circuit · Jun 23, 2021

Qualified immunity protects officers from suit under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … When a defendant asserts that he is entitled to qualified immunity, the plaintiff must show that the defendant violated his constitutional right, and that the right was “clearly established” at the time of the incident.