Case law

Pleasant View Baptist Church v. Andy Beshear

78 F.4th 286 · Court of Appeals for the Sixth Circuit · Aug 14, 2023

clearly established in the future. … To defeat the Governor’s qualified-immunity defense, they must prove that Tandon’s legal framework was “clearly established at the time” that the Governor acted. Wesby, 138 S.

King v. Thornburg

762 F. Supp. 336 · District Court, S.D. Georgia · Apr 17, 1991

QUALIFIED IMMUNITY Defendant Brown contends that even if he is not entitled to absolute immunity he is entitled to qualified immunity because his actions would have been taken within his “discretionary authority” as chief … In order to overcome a qualified immunity defense, 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

Abdullah v. Washington

437 F. Supp. 2d 137 · District Court, District of Columbia · Jul 7, 2006

Qualified Immunity The individual defendants contend that the Eight Amendment claim against them should be dismissed based on qualified immunity. … the violation is established, whether the right was clearly established.

Ross Anthony Smith and Michael Bodak v. Mark Garretto, Individually

147 F.3d 91 · Court of Appeals for the Second Circuit · Jun 3, 1998

Qualified immunity protects a governmental official from suit for any actions that did not violate a clearly established constitutional right and those actions as to which the official had an objectively reasonable good faith … The first inquiry to be made concerning qualified immunity is whether the plaintiff has “allege[d] the violation of a clearly established constitutional right.” Siegert v.

Willson v. Cagle

711 F. Supp. 1521 · District Court, N.D. California · Sep 22, 1988

clearly established constitutional rights. … However, the Harlow opinion also clearly states that qualified immunity is available only to "government officials performing discretionary functions." Id.

Muhammed Kenyatta v. Roy K. Moore, James O. Ingram and Thomas Fitzpatrick

744 F.2d 1179 · Court of Appeals for the Fifth Circuit · Oct 29, 1984

In Harlow the Supreme Court simplified the qualified immunity defense, jettisoning the previous requirement of good faith, and announced a simple objective standard; whether a defendant violated “clearly established” law … As we have explained above, the Harlow Court eliminated the subjective prong from analysis of qualified immunity; what remains is the question whether the agents’ actions violated rights clearly established at the time.

Chappell v. City of Cleveland

584 F. Supp. 2d 974 · District Court, N.D. Ohio · Sep 30, 2008

In general, qualified immunity applies when government officials’ conduct in performing discretionary functions “does not violate ‘clearly established’ statutory or constitutional rights of which a reasonable person would … The Saucier Test For Qualified Immunity In Saucier v.

Ram v. Rubin

118 F.3d 1306 · Court of Appeals for the Ninth Circuit · Jul 2, 1997

under the doctrine of qualified immunity. … When an official asserts qualified immunity, we apply a two-part analysis: “1) Was the law governing the official’s conduct clearly established?

Trujillo v. Simer

934 F. Supp. 1217 · District Court, D. Colorado · Jul 25, 1996

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … The fact that Chief Judge Matsch later ruled the consent was involuntary in the criminal case does not establish that the Defendants are not entitled to qualified immunity.

Merchant v. Fairfax County, Va.

778 F. Supp. 2d 636 · District Court, E.D. Virginia · Apr 11, 2011

Yet, this does not end the qualified immunity analysis. The second step of the inquiry requires determining whether the constitutional right violated was “clearly established” in the specific context presented here. … Merchant — -was clearly established. Therefore, Officer Bauer is not entitled to summary judgment based on qualified immunity. 14 *650 B.

Lintz v. Skipski

807 F. Supp. 1299 · District Court, W.D. Michigan · Nov 25, 1992

However, the qualified immunity doctrine shields government officials performing discretionary functions from civil damages liability provided their conduct “does not violate clearly established statutory or constitutional … Skipski violated a clearly established constitutional right. Therefore, her motion will be granted based upon the doctrine of qualified immunity.

Joseph Rome v. Eugene Burden, Michel Cabello, Angela Phillips, and Sareta Davis

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2002

Qualified immunity is an affirmative defense. We need only reach this issue if there is a clearly established statutory or constitutional right violated. Rome has not alleged any violation of a statutory right. … Furthermore, as Rome did not establish the predicate constitutional violation, we need not reach the issue of qualified immunity.

C.A. v. Lowndes County Department of Family & Children Services

93 F. Supp. 2d 744 · District Court, N.D. Mississippi · Mar 13, 2000

The first inquiry in examining a defense of qualified immunity is whether the plaintiff has alleged “the violation of a clearly established constitutional right.” Siegert v. … As such, the Defendants are entitled to qualified immunity because the constitutional right to be free from state-created dangers was not, and is not, clearly established in this jurisdiction.

Anthony Davila v. Robin Gladden

777 F.3d 1198 · Court of Appeals for the Eleventh Circuit · Jan 9, 2015

Here, we begin and end our qualified immunity analysis with the second question—whether it was clearly established at the time of the incident that the Defendants violated Mr. Davila’s constitutional rights. … Campos does not therefore clearly establish a right under RFRA in the Eleventh Circuit. For those reasons, these Defendants are entitled to qualified immunity. So even if Mr.

Samarco v. Neumann

44 F. Supp. 2d 1276 · District Court, S.D. Florida · Mar 4, 1999

The clearly established law prong of the qualified immunity test many not be met through references to general propositions. See Lassiter, 28 F.3d at 1149-50 . … Substantiating Clearly Established Violations of the Fourth Amendment ■ To overcome qualified immunity, Samar-co must show that: (1) Deputy Christensen violated a federal constitutional right; and (2) that the right was clearly

Backlund v. Barnhart

778 F.2d 1386 · Court of Appeals for the Ninth Circuit · Dec 17, 1985

those rights were clearly established at the time of the conduct at issue. … Davis extended the rule of qualified immunity to state officials. 104 S.Ct. at 3020 n. 12.

Caron v. Hester, et al.

2001 DNH 206 · District Court, D. New Hampshire · Nov 13, 2001

Qualified Immunity. … To qualify as a clearly established right, “the law must have defined the right in a quite specific manner, and . . . the announcement of the rule establishing the right must have been unambiguous and widespread, such

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.”

Adams v. Thompson

560 F. Supp. 894 · District Court, M.D. Louisiana · Apr 14, 1983

Qualified immunity now depends on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, not upon malice or other subjective factors. Harlow v. … Since it is clear that qualified or “good faith” immunity is an affirmative defense, Gomez v.

Deon Johnston v. Deputy Sean M. Carlson

Court of Appeals for the Eleventh Circuit · Jul 14, 2025

Qualified immunity protects police officers from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … Put another way, “the arguable probable cause inquiry in a false arrest case is no different from the clearly established law inquiry in any other qualified immunity case.