Case law

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.

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

Williamson v. Mills

65 F.3d 155 · Court of Appeals for the Eleventh Circuit · Sep 27, 1995

An official sued as an individual is entitled to qualified immunity, and therefore summary judgment, if his conduct "does not violate clearly established statutory or constitutional … Qualified immunity shields Mills against a claim of arrest without probable cause if a "reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting

Walker v. Davis

643 F. Supp. 2d 921 · District Court, W.D. Kentucky · Jul 23, 2009

The doctrine of 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 … For purposes of qualified immunity, the Court must also determine whether this right to be free from unreasonable seizures was clearly established at the time of pursuit.

Albert Hansen v. Ryan Aper

Court of Appeals for the Sixth Circuit · Aug 21, 2018

App’x 479, 484 (6th Cir. 2015) (reviewing a denial of qualified immunity to determine whether a prisoner’s constitutional right was clearly established). … Indisputably, the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes. Kostrzewa v. City of Troy, 247 F.3d 633, 641 (6th Cir. 2001); see also O’Malley v.

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 .

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

Denieva v. Reyes

966 F.2d 480 · Court of Appeals for the Ninth Circuit · Jun 5, 1992

by qualified immunity. … Did DeNieva Identify a Specific Right, and Was it Clearly Established? 21 We can consider the first two prongs of the Romero test together, as both raise the question of Reyes' violation of a clearly established right.

Glorianna Moore v. Oakland County, Mich.

126 F.4th 1163 · Court of Appeals for the Sixth Circuit · Jan 23, 2025

qualified immunity. … Qualified immunity spares officers from “the time, expense and risk of money-damages actions” unless they violate clearly established constitutional rights. Hagans v. Franklin Cnty.

Bowling v. Rector

584 F.3d 956 · Court of Appeals for the Tenth Circuit · Oct 26, 2009

clearly established law.” … “Summary judgment based on qualified immunity is appropriate if the law did not put the officer on notice that his conduct would be clearly unlawful.” Id.

Bloem v. Unknown Department of the Interior Employees

920 F. Supp. 2d 154 · District Court, District of Columbia · Feb 4, 2013

“The doctrine of 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 … Herman, 983 F.2d 107, 110 (8th Cir. 1993) (finding a “clearly established liberty interest” for qualified-immunity purposes where trial court had issued order suspending defendant’s prison sentence, and finding it “not

NAACP of San Jose/ Silicon Valley v. City Of San Jose

District Court, N.D. California · Aug 3, 2023

Emmons, 139 S.Ct. 500, 27 503 (2019). 1 district framed the relevant qualified immunity question as “whether it was clearly 2 established that an officer … immunity on the ground that the law is not clearly 16 established every time a novel method is used to inflict injury.”

In Re Cincinnati Radiation Litigation

874 F. Supp. 796 · District Court, S.D. Ohio · Jan 11, 1995

of a qualified immunity defense. … The task of determining what makes a right “clearly established” for purposes of qualified immunity has been accurately labeled a “labyrinth”. See Long v. Norris, 929 F.2d 1111, 1114 (6th Cir.1991).

Cooper v. Bonaventura

470 F. Supp. 2d 642 · District Court, W.D. Virginia · Jan 25, 2007

To decide a defense of qualified immunity, I must first determine whether the agent has violated a particular constitutional right and if so, next proceed to decide whether that right was clearly established at the time of … Even assuming that the seizure was not supported by probable cause, Bonaventura is still entitled to qualified immunity so long as the seizure did not violate a clearly established right of which an objectively reasonable

Brenda Cook v. Amos Taylor

Court of Appeals of Mississippi · Feb 22, 2021

“Waiver is a matter of law where the material facts and circumstances are undisputed or clearly established.” Univ. of Miss. Med. Ctr. v. Hampton, 227 So. 3d 1138, 1141 (¶10) (Miss. Ct. App. 2016) (quoting Bott v. … 9 judgment based upon a qualified immunity affirmative defense.

Zia Trust Co. Ex Rel. Causey v. Montoya

597 F.3d 1150 · Court of Appeals for the Tenth Circuit · Mar 9, 2010

However, we review -5- summary judgment motions raising qualified immunity differently because “qualified immunity shields government officials . . . from liability for damages … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to

Betances v. Fischer

144 F. Supp. 3d 441 · District Court, S.D. New York · Aug 6, 2015

Qualified Immunity “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged … Qualified Immunity This Court has previously held that defendants are not entitled to qualified immunity. 63 Defendants had argued that plaintiffs’ constitutional rights were not “clearly established” at the time those rights

Sprague v. City of Burley

109 Idaho 656 · Idaho Supreme Court · Nov 19, 1985

If the law was clearly established, the *666 immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … The United States Supreme Court in Harlow has established a threshold test that must be met by the plaintiff, if the defendant has asserted the affirmative defense of a qualified immunity, before a defendant’s motion for

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.

Robbin Amanda Bayse v. Ted Philbin

Court of Appeals for the Eleventh Circuit · Aug 1, 2025

Although the magistrate judge acknowledged that “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … “In this circuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.