Case law

Day v. City of Indianapolis

380 F. Supp. 3d 812 · District Court, S.D. Indiana · May 13, 2019

Qualified immunity shields public officials from civil liability for acts done in their official capacity, insofar as their conduct does not violate clearly established statutory or constitutional rights to which a reasonable … The law has clearly established this conduct as violative and therefore precludes the officers from qualified immunity.

Salem v. Michigan Department of Corrections

643 F. App'x 526 · Court of Appeals for the Sixth Circuit · Mar 9, 2016

As for the individual-capacity claims, Defendants invoked qualified immunity, arguing that the strip searches violated no clearly established constitutional rights. … To defeat a claim of qualified immunity, a plaintiff must show: (1) that the defendant violated a constitutional right, and (2) that right was clearly established at the time of the defendant’s actions. Pearson v.

Baljinder Singh SANGHA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

103 F.3d 1482 · Court of Appeals for the Ninth Circuit · Jan 9, 1997

This section gives the Attorney General the discretion to grant asylum to aliens who qualify as “refugees.” … Applicants can no longer establish that their persecution was “on account of’ political opinion by inference, unless the inference is one that is clearly to be drawn from facts in evidence.

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 .

Kenneth R. Henderson v. Les Munn, in His Individual Capacity

439 F.3d 497 · Court of Appeals for the Eighth Circuit · Feb 28, 2006

“The question of what was known to a person who might be shielded by qualified immunity is reviewable, to determine if the known facts would inform a reasonable actor that his actions violate an established legal standard … Officer Munn’s Liability on Excessive Force Claim 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

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.

Belanger v. Blum

628 F. Supp. 2d 260 · District Court, D. Connecticut · Jun 10, 2009

Qualified immunity protects the state defendants to the extent that the'ir conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “Law is not ‘clearly established’ for purposes of qualified immunity by district court opinions, but by the decisions of circuit courts or the Supreme Court.” Cipes, 386 F.Supp.2d at 42 .

Aucoin v. Haney

306 F.3d 268 · Court of Appeals for the Fifth Circuit · Oct 1, 2002

to support Haney politically in his campaign for District Attorney; if the law was not clearly established, then the district court erred, and Haney is entitled to qualified immunity and the dismissal of the complaint … Haney therefore is entitled to qualified immunity.

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.

Ramirez v. Hempstead Union Free School District Board of Education

33 F. Supp. 3d 158 · District Court, E.D. New York · Jul 16, 2014

The doctrine of qualified immunity “protects public officials from liability for civil damages when ... the defendant’s action did not violate clearly established law, or ... it was objectively reasonable for the defendant … For a right to be “clearly established” for purposes of qualified immunity, “it is sufficient if decisions of the Supreme Court or of the appropriate circuit have defined the contours of the right with reasonable specificity

Kiser v. Garrett

67 F.3d 1166 · Court of Appeals for the Fifth Circuit · Oct 20, 1995

In September 1993, the child protective services functions of DHS were constitutional rights were not clearly established at the time in issue, the appellees are shielded by qualified immunity. … Louisiana's conclusion that the right to family integrity is not clearly established.

Jennings v. Jones

479 F.3d 110 · Court of Appeals for the First Circuit · Mar 7, 2007

Prong Two: Whether the Law Was Clearly Established The second prong of the qualified immunity analysis asks "whether the constitutional right . . . was 'clearly established' at the time of the incident such … established' when assessing claims of qualified immunity" (quoting Medina v.

Hucker v. City of Beaumont

144 F. Supp. 2d 696 · District Court, E.D. Texas · May 18, 2001

When a defendant pleads qualified immunity, the court must first determine whether the plaintiff has alleged a clearly established constitutional right. See Sie-gert v. … Qualified immunity is an affirmative defense requiring the defendant to both plead and establish his entitlement to immunity. See Tamez v.

Stanislaw v. Navajo County Bd. of Sup'rs

70 F.3d 1280 · Court of Appeals for the Ninth Circuit · Nov 15, 1995

This admission, along with the statements from the victim and a witness, gave Deputy Clark probable cause to arrest Stanislaw. 6 In addition, the district court properly found Deputy Clark protected by qualified immunity … Creighton, 483 U.S. 635, 639 (1987) (qualified immunity protects an officer who acts reasonably in light of clearly established law). 2.

Long v. L'ESPERANCE

166 Vt. 566 · Supreme Court of Vermont · Jul 11, 1997

The protection from suit afforded a state employee such as defendant is qualified, not absolute: defendant is entitled to qualified immunity if he was “(1) acting during [his] employment and acting, or reasonably believing … As a general matter, good faith exists if the “official’s acts did not violate clearly established rights of which the official reasonably should have known.” Murray v.

Brown v. City of Huntsville, Ala.

608 F.3d 724 · Court of Appeals for the Eleventh Circuit · Jun 7, 2010

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … Courts utilize a two-part framework to evaluate qualified immunity claims.14 One inquiry in a qualified immunity analysis is whether the plaintiff’s allegations, if true, establish a constitutional violation. Hope v.

Kane v. Lewis

989 F. Supp. 2d 468 · District Court, D. Maryland · Dec 20, 2013

However, the principle itself — as well as its purposes to protect the safety of the officers and the occupants— could not be more clearly established. … Of course, as to plaintiff's state law claim, there is no qualified immunity at all. .

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.

Ryan v. Burlington County

889 F.2d 1286 · Court of Appeals for the Third Circuit · Nov 21, 1989

The Freeholders raise two defenses against Ryan’s suit: absolute immunity and qualified immunity. … , then those officials must be held accountable for instances where their actions violate clearly established rights.

John Doe, a Minor, (Born 01/28/90) by His Next Friend Jane Doe Jane Doe, Individually v. State of Hawaii Department of Education, and David Keala

334 F.3d 906 · Court of Appeals for the Ninth Circuit · Jun 30, 2003

ANALYSIS A public official is not entitled to qualified immunity if his conduct violates “ ‘clearly established constitutional rights of which a reasonable person would have known.’ ” Koch, 96 F.3d at 1301 (quoting Harlow … If so, the defendant is entitled to qualified immunity only if the constitutional right that he allegedly violated was not clearly established. Id. A.