Case law

Unzueta v. Steele

291 F. Supp. 2d 1230 · District Court, D. Kansas · Oct 29, 2003

If so, we must subsequently ask “whether the right was clearly established.” Id. If the plaintiff does not satisfy either portion of the two-pronged test, the Court must grant the defendant qualified immunity. Gross v. … City of Laramie, 239 F.3d 1183, 1189-90 (10th Cir.2001) (finding qualified immunity for officers who hog-tied an arrestee with diminished capacity because in 1996 there was not a clearly established right to be free from

Walt v. State

751 P.2d 1345 · Alaska Supreme Court · Mar 18, 1988

on the qualified immunity defense. … Haley, 687 P.2d 305 at 316 (Alaska 1984), is entitled to qualified immunity unless his action violated a constitutional right that was clearly established at the time.

Jonathan Turmon v. Charles Jordan, Individually, and Red Roof Inns, Incorporated

405 F.3d 202 · Court of Appeals for the Fourth Circuit · Apr 25, 2005

The doctrine of qualified immunity shields law enforcement officers performing discretionary duties “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Because Jordan violated Turmoris Fourth Amendment right to be free from unreasonable seizures and because that right was clearly established on March 10, 2001, Jordan is not entitled to qualified immunity on the illegal seizure

De Smet v. Snyder

653 F. Supp. 797 · District Court, E.D. Wisconsin · Feb 12, 1987

The plaintiffs, in turn, must overcome the immunity defense by showing that their allegations, if true, did violate constitutional rights clearly established at the time. … of clearly established constitutional rights.

In re Covid-Related Restrictions on Religious Services

Supreme Court of Delaware · Aug 1, 2024

Section 1983 and Qualified Immunity. … A plaintiff’s burden under qualified immunity does not end when a constitutional violation is pinpointed; it rests on whether the official should have known that their actions violated a clearly established constitutional

Snow v. City of El Paso, Texas

501 F. Supp. 2d 826 · District Court, W.D. Texas · Apr 4, 2006

Qualified immunity shields public officials from both civil damages and trial “if their actions were objectively reasonable in light of then clearly established law.” Bazan v. … The Court employs a two step process to resolve a qualified immunity defense. First, the Court must determine whether the plaintiff has alleged “the violation of a clearly established Constitutional *835 right.”

Simkins v. Bruce

406 F.3d 1239 · Court of Appeals for the Tenth Circuit · May 9, 2005

II Our analysis of qualified immunity involves two steps. … Plaintiff has asserted the violation of a clearly established constitutional right. Accordingly, the entry of summary judgment for defendants on the basis of qualified immunity was error.

Redpath v. City of Overland Park

857 F. Supp. 1448 · District Court, D. Kansas · Jun 9, 1994

That objective test is in tension with, but not inconsistent with, a claim of qualified immunity where the existence of a violation of the clearly established law depends on the government official’s subjective intent. … When qualified immunity is granted because plaintiffs cannot establish a constitutional violation—rather than on a determination that the law was not clearly established—such a finding is equivalent to a decision on the merits

Elfers v. Varnau

101 F. Supp. 3d 753 · District Court, S.D. Ohio · Mar 31, 2015

Qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … The court held that because this right was not “clearly established,” the coroner was entitled to qualified immunity from a Section 1983 claim brought after the wrong body was delivered to the family of the decedent.

Osborne v. Harris County

97 F. Supp. 3d 911 · District Court, S.D. Texas · Mar 31, 2015

Qualified immunity protects government officials “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 … A Clearly Established Right The remaining qualified immunity issue is whether the deputies had fair notice that their actions violated a clearly established right.

Sarah Doe v. Jerald Neveleff

751 F.3d 383 · Court of Appeals for the Fifth Circuit · May 6, 2014

“[E]valuating qualified immunity is a two-step process, and the burden is on the plaintiff to prove that a government official is not entitled to qualified immunity.” Wyatt v. … Even if we were to construe the Fifth Amendment to extend so far, no established authority at the time of the assaults would have enabled Plaintiffs to overcome qualified immunity.

Hafley v. Lohman

90 F.3d 264 · Court of Appeals for the Eighth Circuit · Sep 3, 1996

We note that "qualified immunity is an affirmative defense," and "it will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint." Id. … The defendants in this case are entitled to qualified immunity unless Hafley has alleged the violation of a constitutional right that was clearly established at the time of the alleged violation. Id.

Nurre v. Whitehead

520 F. Supp. 2d 1222 · District Court, W.D. Washington · Sep 20, 2007

Whitehead to qualified immunity as an individual defendant, for the record, the Court also grants defendant’s motion for summary judgment on qualified immunity for the separate reason that it was not clearly established that … Similarly, the Court concludes that defendant is entitled to qualified immunity on plaintiffs Establishment Clause claim because the Court has been unable to find authority clearly establishing that defendant was acting with

Brittany J. Buckley v. Hennepin County

9 F.4th 757 · Court of Appeals for the Eighth Circuit · Aug 16, 2021

immunity, (v) the physician defendants are entitled to qualified immunity “because the Court has seen no evidence that designing, implementing, and overseeing the ketamine studies violated a clearly established right,” and … “Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known

Jenkins v. Talladega City Board of Education

95 F.3d 1036 · Court of Appeals for the Eleventh Circuit · Sep 23, 1996

the Anderson Court’s clarification of the appropriate level of generality at which a right must be “clearly established” for purposes of qualified immunity. … Justice was decided a few days after the events at issue here and, therefore, does not clearly establish the law in this case for qualified immunity purposes.

George Mitchell v. State of Washington

818 F.3d 436 · Court of Appeals for the Ninth Circuit · Mar 14, 2016

Qualified Immunity — Clearly Established Despite the fact that we hold that the violation of a constitutional right occurred, Dr. … Bell is entitled to qualified immunity if it was not “clearly established” that his actions would violate Mitchell’s constitutional rights. 7 Pearson, 555 U.S. at 232 , 129 S.Ct. 808 . At the time of Dr.

Long v. Mohegan Tribal Gaming Authority

1 Am. Tribal Law 385 · Mohegan Gaming Disputes Trial Court · Dec 5, 1997

The Discriminatory Employment Practices Ordinance further establishes two types of matters which may be brought to The Gaming Disputes Court, Claims and Appeals, and those qualified to file either one are strictly and narrowly … Section 502 of Mohegan Tribal Ordinance 95-4, which established the Gaming Disputes Court, specifies that nothing in the ordinance establishing the Gaming Disputes Court “shall be construed as a waiver of the sovereign immunity

Martinez v. Mathis

970 F. Supp. 1047 · District Court, S.D. Georgia · Mar 31, 1997

“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.” … “For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government

In Re Barbara H. Allen, Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasisovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Donna Willis, Party in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, and Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest. (Two Cases)

119 F.3d 1129 · Court of Appeals for the Fourth Circuit · Aug 8, 1997

immunity even by violating clearly established state law, id. at 194 , 104 S.Ct. at 3019 . … that federal qualified immunity is lost if an official violates clearly established state law.

Cindy Laine Franklin v. Chris Curry

738 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Dec 23, 2013

DISCUSSION Qualified immunity shields government officials acting within their discretionary authority from liability unless the officials “violate clearly established statutory or constitutional rights of which … Thus, to evaluate their entitlement to qualified immunity, we ask whether Franklin has alleged a violation of a constitutional right and, if so, whether the constitutional right violated was clearly established at the