Case 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”

Diamond v. Owens

131 F. Supp. 3d 1346 · District Court, M.D. Georgia · Sep 14, 2015

Whether the Constitutional Right was Clearly Established Lewis is not entitled to qualified immunity if clearly established law gave her fair warning her conduct violated Diamond’s Eighth Amendment right to be protected from … Whether the Constitutional Right was Clearly Established Lewis is not entitled to qualified immunity if clearly established law gave her fair warning her failure to train subordinates was unlawful.

TEICHBERG v. Smith

734 F. Supp. 2d 744 · District Court, D. Minnesota · Aug 17, 2010

“Qualified immunity protects a government official from liability in a section 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would … Even if the seizure of the backpack was unreasonable, Defendants are nonetheless entitled to qualified immunity if the constitutional violation was not clearly established at the time of the alleged violation.

Amanda Reich v. City of Elizabethtown, Ky.

945 F.3d 968 · Court of Appeals for the Sixth Circuit · Dec 19, 2019

Qualified immunity protects government officials from civil damages “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … This brings me to the second prong of the qualified-immunity analysis—clearly established law.

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 .

Greene v. Knight

564 F. Supp. 2d 604 · District Court, N.D. Texas · Jan 29, 2008

demonstrating that the official’s conduct violated clearly established law. … Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue.

Wiggins v. Griffin

86 F.4th 987 · Court of Appeals for the Second Circuit · Nov 20, 2023

Qualified Immunity We next turn to the doctrine of qualified immunity. … Goord, 467 F.3d 263, 279 (2d Cir. 2006) (“Summary 19 judgment on the basis of qualified immunity is not appropriate because it was clearly established law at the time of the alleged

Lawmaster v. Ward

125 F.3d 1341 · Court of Appeals for the Tenth Circuit · Sep 18, 1997

violate clearly established statutory or constitutional rights of which a reasonable person would have known." … We would be placing an impracticable burden on plaintiffs if we required them to cite to a factually identical case before determining they showed the law was "clearly established" and cleared the qualified immunity hurdle

Gorman v. Bishop

919 F. Supp. 326 · District Court, W.D. Missouri · Mar 26, 1996

“In other words, to decide whether an official is entitled to qualified immunity, a court must determine whether the official’s action was objectively legally reasonable in light of the legal rules that were clearly established … Accordingly, Bishop is entitled to summary judgment based on qualified immunity. C.

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

Smyser v. City of Peoria

215 Ariz. 428 · Court of Appeals of Arizona · Jun 12, 2007

Nothing in Clouse suggests that the legislature had authority to grant either absolute or qualified immunity only to the state; clearly, the opinion upholds the legislature’s authority with respect to “public entities and … He noted that "common law immunity of the state’s subgovernmental units was not recognized or established *434 for all units or for all purposes.

Schiff v. Kerrigan

625 F. Supp. 704 · District Court, D. Connecticut · Jan 2, 1986

The term "qualified immunity" has often been used interchangeably with the term “good faith immunity." … The defendants must therefore be immune if their exercise of this discretion did not violate plaintiff’s clearly established constitutional rights. 10 .

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.

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.

Borgman v. Kedley

646 F.3d 518 · Court of Appeals for the Eighth Circuit · Jul 19, 2011

Qualified immunity protects police officers from civil liability for any action that does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known." Young v. … When determining whether a state official is entitled to qualified immunity, we decide whether the alleged facts demonstrate that his conduct violated a constitutional right and whether that right was clearly established

Hassan Ex Rel. Hassan v. Lubbock Independent School District

55 F.3d 1075 · Court of Appeals for the Fifth Circuit · Jun 27, 1995

Questions of law are reviewed ... de novo."5 In examining the claims of qualified immunity on summary judgment, we first inquire whether Hassan has alleged "the violation of a clearly … The determination whether a right is "clearly established" is a more particularized inquiry than Hassan suggests; otherwise, plaintiffs could "convert the rule of qualified immunity ... into a rule of virtually unqualified

Yeasin v. Durham

224 F. Supp. 3d 1194 · District Court, D. Kansas · Dec 1, 2016

plaintiff shows (1) the defendant’s violation of a constitutional right; and (2) that the right the official violated was “clearly established” at the time of the challenged conduct. 35 Accordingly, the qualified immunity … immunity from a claim of a First Amendment violation as such rights were not clearly established); Bell v.

PANAGACOS v. Towery

782 F. Supp. 2d 1183 · District Court, W.D. Washington · Mar 1, 2011

Qualified Immunity. … The second step of the qualified immunity analysis requires the Court to determine whether the constitutional rights at issue were clearly established when viewed in the specific context of the case.

Saleem Bashir v. Rockdale County, Georgia

445 F.3d 1323 · Court of Appeals for the Eleventh Circuit · Apr 14, 2006

Thus, Bashir has satisfied the first prong of the qualified immunity analysis by demonstrating that his warrantless arrest was unlawful. 2. Clearly Established Law. … The next question we address in the qualified immunity analysis is whether the constitutional right was “clearly established” at the time of the violation.

Haggerty v. Texas Southern University

391 F.3d 653 · Court of Appeals for the Fifth Circuit · Nov 18, 2004

Jurisdiction over this Appeal “Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly … established law.”