Case law

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.”

Austrian v. Burlington

Vermont Superior Court · Aug 13, 2024

“The outcome of the inquiry depends on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” Id. … Donovan, 2012 VT 27, 1 6 n.2, 191 Vt. 412 ("The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial.' .

Reeves v. Thigpen

879 F. Supp. 1153 · District Court, M.D. Alabama · Mar 16, 1995

Under this test, public officials performing discretionary functions which would objectively appear to be within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the “legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly

Rico L. Mitchell v. Lt. Smith

10 F.4th 1226 · Court of Appeals for the Eleventh Circuit · Aug 26, 2021

We review de novo the district court’s decision to deny qualified immunity on a motion to dismiss, accepting the factual allegations in the complaint as true 1 The district court also denied qualified immunity to a fourth … So to defeat a qualified immunity defense, a plaintiff must establish two things: (1) that officials violated a federal statutory or constitutional right, and (2) that their conduct was clearly established as unlawful at

Conti v. Village of Quogue

District Court, E.D. New York · Mar 20, 2024

Because that use of force does not violate clearly established law, Officer Comito is entitled to qualified immunity on plaintiff’s excessive-force claim. … Qualified immunity attaches “when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Frohmader v. Wayne

766 F. Supp. 909 · District Court, D. Colorado · Jun 7, 1991

Once a defendant raises a qualified immunity defense, the plaintiff assumes the burden of showing that the defendant has violated clearly established law. Hannula, 907 F.2d at 131 . … The principles of qualified immunity entitle Wayne to summary judgment on the ground that, in light of the clearly established law governing the use of force, he could, as a matter of law, reasonably have believed that his

Velasquez v. Audirsch

574 F. App'x 476 · Court of Appeals for the Fifth Circuit · Jul 3, 2014

Qualified immunity protects governmental officials from liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … In this context, “qualified immunity turns ... on whether it was then ‘clearly established that the circumstances with which’ the officer ‘was confronted did not constitute probable cause and exigent circumstances.’ ” Pierce

Wayne Wright v. Charles Beck

981 F.3d 719 · Court of Appeals for the Ninth Circuit · Dec 1, 2020

City of Anaheim, 343 F.3d 1052, 1060 (9th Cir. 2003) (“In the absence of binding precedent, a court should look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity … We thus conclude that the due process right to notice, as alleged by Wright, was clearly established and, as a result, Edwards is not entitled to qualified immunity.  WRIGHT V.

Mincieli v. Bruder

914 F. Supp. 512 · District Court, S.D. Florida · Mar 7, 1994

Mineieli can meet this burden by demonstrating that Bruder’s actions violated clearly established constitutional law. Lowe v. Aldridge, 958 F.2d 1565, 1570 (11th Cir.1992). … than on qualified immunity. 6 .

Ex Parte Kelley

739 So. 2d 1095 · Supreme Court of Alabama · Jun 25, 1999

This Court has addressed the question presented here on other occasions, and it has recently held in Ex parte Davis, supra, that acts by a State employee may be immune from a lawsuit, on the basis of qualified immunity, if … However, acts by a State employee that are merely ministerial in nature are not protected by qualified immunity. See Defoor v.

Hudson v. Town of East Montpelier

161 Vt. 168 · Supreme Court of Vermont · Nov 29, 1993

Defendants first argue that Parker’s acts were discretionary in nature and thus immune under the doctrine of qualified official immunity. … Bd., 125 Vt. 366, 369, 216 A.2d 44, 46 (1965) (distinction “is not clearly defined,” basis of distinction “is difficult to state,” and no established rule exists for determination of what belongs to which class); Marshall

Soderstrand v. Oklahoma ex rel. Board of Regents of Oklahoma Agricultural & Mechanical Colleges

463 F. Supp. 2d 1308 · District Court, W.D. Oklahoma · Nov 22, 2006

Qualified immunity shields government officials performing discretionary functions from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … right was clearly established when the alleged violation occurred.

(PS) Machado v. Lizarraga

District Court, E.D. California · Jul 9, 2020

Qualified Immunity 26 Lastly, defendants argue that they are immune from liability under the doctrine of 27 qualified immunity. … Cal. 2010) (denying to dismiss complaint on 9 qualified immunity grounds because it could not be clearly determined on the face of complaint, 10 but declaring that the ground could be raised through summary judgment).

DePace v. Flaherty

183 F. Supp. 2d 633 · District Court, S.D. New York · Jan 28, 2002

Creighton, to say that the contours of a right must be clearly established “is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful.” 31 … Flaherty still would be entitled to qualified immunity, despite the fact that the alleged conduct violated clearly established law, if it was objectively reasonable for her to believe that her actions did not violate DePace

Vogt v. McIntosh County Board

98 F.4th 1013 · Court of Appeals for the Tenth Circuit · Apr 15, 2024

Even though Plaintiff has shown a genuine issue of material fact that Defendant violated Plaintiff’s constitutional right, Defendant may still receive qualified immunity if the right alleged was not clearly established … Thus, controlling precedent clearly established Plaintiff’s violated right at the time of the violation and Plaintiff has satisfied both requirements to defeat a claim of qualified immunity at summary judgment.

Chrissy F., by Her Next Friend and Guardian Ad Litem Donna Medley v. Mississippi Department of Public Welfare

925 F.2d 844 · Court of Appeals for the Fifth Circuit · Mar 8, 1991

defendant violated clearly established law. … to qualified immunity.

Estate of Rudy Escob v. Brian Marti

702 F.3d 388 · Court of Appeals for the Seventh Circuit · Dec 13, 2012

When analyzing a qualified immunity defense, courts consider whether the facts alleged demonstrate a constitu- tional violation, and whether the constitutional right was clearly established. Pearson v. … The district court granted judgment as a matter of law on qualified immunity grounds to the defendant com- manders on the second prong, finding that Escobedo did not have a clearly established constitutional right to be free

Mee v. Ortega

967 F.2d 423 · Court of Appeals for the Tenth Circuit · Jun 18, 1992

Accordingly, “summary judgment in favor of a defendant seeking qualified immunity is appropriate only if the constitutional standards governing the challenged conduct were not clearly established.” Rex v. … Ortega on the basis of qualified immunity. “[T]he plaintiff cannot simply identify a clearly established right in the abstract and allege that the defendant has violated it.” Hilliard v.

Vincent v. City of Sulphur

28 F. Supp. 3d 651 · District Court, W.D. Louisiana · Oct 21, 2014

In order to overcome a claim of qualified immunity, a plaintiff must plead facts showing “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of … Was the Right Clearly Established?

Bomar v. City of Pontiac

643 F.3d 458 · Court of Appeals for the Sixth Circuit · Jul 1, 2011

The Supreme Court has distinguished between denials of qualified immunity at the summary judgment stage that are based on the district court’s “determination about pre-existing clearly established law” and, on the other hand … But qualified immunity is Main’s defense on the merits.