Case law

Robinson v. City of San Diego

954 F. Supp. 2d 1010 · District Court, S.D. California · May 28, 2013

clearly established at the time of the conduct at issue. … Specific binding precedent is not required to show that a right is clearly established for qualified immunity purposes.

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.

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

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.

Rhodes v. Smithers

939 F. Supp. 1256 · District Court, S.D. West Virginia · Sep 15, 1995

Qualified Immunity. … Qualified Immunity.

Braxton v. Matthews

883 F. Supp. 1068 · District Court, W.D. Virginia · Apr 28, 1995

QUALIFIED IMMUNITY Next the Court must examine whether Defendant is protected from suit by the doctrine of qualified immunity. In Wiley v. … if the officer’s ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’

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.

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

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.

Hare ex rel. Hare v. City of Corinth

22 F.3d 612 · Court of Appeals for the Fifth Circuit · Jun 10, 1994

to summary judgment on the grounds of qualified immunity. … Clearly Established Constitutional Injury In reviewing the denial of a summary judgment motion based on a claim of qualified immunity, the Supreme Court has taught that the first inquiry is whether the plaintiff has asserted

Omni Behavioral Health v. Steve Miller

285 F.3d 646 · Court of Appeals for the Eighth Circuit · May 21, 2002

But, public officials are entitled to qualified immunity and shielded from liability when their conduct does not "violate clearly established statutory or constitutional rights of which a reasonable person would have known … immunity test and prove that such a right was clearly established.

David Allen v. Charles McClelland, Jr.

815 F.3d 239 · Court of Appeals for the Fifth Circuit · Mar 9, 2016

DEFENDANTS ARE ENTITLED TO QUALIFIED IMMUNITY “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights … A plaintiff can overcome a qualified immunity defense by showing “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.

Maxfield v. Bressler

20 F. Supp. 3d 1084 · District Court, D. Colorado · Nov 18, 2013

To resolve qualified immunity claims, a court must consider two elements: (1) whether a constitutional violation occurred, and (2) whether the violated right was “clearly established” at the time of the violation. … However, they assert that Bresslér is entitled to qualified immunity from suit because the violated right was not clearly established law.

Putnam v. Keller

332 F.3d 541 · Court of Appeals for the Eighth Circuit · Jul 22, 2003

We will affirm a grant of summary judgment based on qualified immunity if the "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … clearly established.

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

Buzzi v. Gomez

24 F. Supp. 2d 1352 · District Court, S.D. Florida · Sep 28, 1998

Substantiating Violations of Clearly Established Constitutional Law To overcome qualified immunity, Plaintiffs must show that: (1) Alvarez violated a federal constitutional right; and (2) that the right was clearly established … clearly established law.

Cardall v. Thompson

845 F. Supp. 2d 1182 · District Court, D. Utah · Jan 11, 2012

After the defendant contends that qualified immunity applies, the plaintiff must prove that the defendant violated his rights, as protected by clearly established law. V-1 Oil Co. v. … Clearly Established Even if the decision to tase Brian was unconstitutional, summary judgment on the basis of qualified immunity is still appropriate if the unconstitutionality of the tasing was not “clearly established”