Case law

Kareem Abdul Jihaad A/K/A Mitchell X. Robinson, Jr., Cross v. Joseph O'brien, Cross-Appellee

645 F.2d 556 · Court of Appeals for the Sixth Circuit · Apr 9, 1981

We reverse the judgment of the district court, however, upon our determination that the defendant established his right to qualified good faith immunity. B. … O’Brien enforced a regulation which was valid on its face and offended no “clearly established” constitutional right.

Williams v. Fedor

69 F. Supp. 2d 649 · District Court, M.D. Pennsylvania · Aug 4, 1999

established,” *673 qualified immunity to the law enforcement officers was granted. … Although the right against self-incrimination is itself clearly established, Perschau is nevertheless entitled to qualified immunity ‘[so long as his] decision was reasonable, even if mistaken.’

Estate of Sinthasomphone v. City of Milwaukee

838 F. Supp. 1320 · District Court, E.D. Wisconsin · Nov 23, 1993

The majority opinion indicated, however, that they were deciding the qualified immunity issue: whether an obligation was “clearly established,” not whether a constitutional obligation existed. … The three police officers in this case are entitled to qualified immunity unless their conduct violated Konerak Sinthasomphone’s clearly established constitutional rights.

Brown v. City of Golden Valley

574 F.3d 491 · Court of Appeals for the Eighth Circuit · Jul 22, 2009

Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Our second inquiry in considering the denial of qualified immunity is whether the right violated was clearly established. Whether the facts alleged support such a claim is a legal question for the court to decide.

Rhodes v. Smithers

939 F. Supp. 1256 · District Court, S.D. West Virginia · Sep 15, 1995

Qualified Immunity. … Qualified Immunity.

Brown v. City Of Oneonta

106 F.3d 1125 · Court of Appeals for the Second Circuit · Feb 14, 1997

In addition, appellants claim qualified immunity on the ground that even if release of the list under these circumstances did violate appellees' FERPA rights, those rights were not clearly established at the time of the incident … The function of qualified immunity is to shield from suit those public officials who must make such decisions where, as here, the law is not clear, and no "clearly established right" is infringed. 67 In addition, Hartmark

Micah Riggs v. Robert Gibbs

923 F.3d 518 · Court of Appeals for the Eighth Circuit · May 8, 2019

right was clearly established at the time of the violation, such that a reasonable official would have known that his actions were unlawful.” … “Our jurisdiction to consider an appeal of an order denying summary judgment based on qualified immunity is limited to the purely legal issue of whether the facts alleged support a claim of violation of clearly established

Kenney v. Hawaii

109 F. Supp. 2d 1271 · District Court, D. Hawaii · Jul 31, 2000

To determine whether a defendant is entitled to the defense of qualified immunity, a court must (1) identify the right allegedly violated; (2) determine whether the right was clearly established at the time of the violation … That right is clearly established. See Kelley, 60 F.3d at 667 .

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”

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.

Don Waldrop v. David C. Evans, Frank Fodor, M.D., T.G. Smith, M.D.

871 F.2d 1030 · Court of Appeals for the Eleventh Circuit · Apr 28, 1989

The court then concluded that be *1034 cause a prisoner’s right to psychiatric care was clearly established under the Eighth Amendment, appellants could not rely on the defense of qualified immunity. Id. at 846-47 . … violation of clearly established law.

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. .

Trigalet v. Young

54 F.3d 645 · Court of Appeals for the Tenth Circuit · May 2, 1995

The court held that the officers were not entitled to qualified immunity on the Trigalets' substantive due process claim upon concluding that, at the time of the incident, the law was clearly established that the officers … The court concluded that the officers were not entitled to qualified immunity because the law under which defendants actions could form the basis of a constitutional claim became clearly established on March 1, 1990, when

Cornejo v. Bell

592 F.3d 121 · Court of Appeals for the Second Circuit · Jan 4, 2010

Even qualified immunity, however, is sufficient to shield executive employees from civil liability under § 1983 if either “(1) their conduct ‘did not violate clearly established rights of which a reasonable person would have … known,’ or (2) ‘it was objectively reasonable to believe that [their] acts did not violate these clearly established rights.’ ” Young v.

Unzueta v. Steele

291 F. Supp. 2d 1230 · District Court, D. Kansas · Oct 29, 2003

If so, we must subsequently ask “whether the right was clearly established.” Id. If the plaintiff does not satisfy either portion of the two-pronged test, the Court must grant the defendant qualified immunity. Gross v. … City of Laramie, 239 F.3d 1183, 1189-90 (10th Cir.2001) (finding qualified immunity for officers who hog-tied an arrestee with diminished capacity because in 1996 there was not a clearly established right to be free from

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

Winnie v. Clarke

893 F. Supp. 875 · District Court, D. Nebraska · Jul 11, 1995

Qualified Immunity Prison officials are entitled to qualified immunity from suit unless (1) the officials’ conduct violates a clearly established statutory or constitutional right; (2) the officials knew or should have known … Furthermore, I found that the plaintiff had a clearly established right to call witnesses at his disciplinary hearing and that the defendants’ refusal to do so was not protected under the doctrine of qualified immunity.

Edward Wilhelm v. John A. Boggs, Deputy, and Joseph Tanner, Deputy

290 F.3d 822 · Court of Appeals for the Sixth Circuit · May 22, 2002

issue whether the federal right allegedly infringed was clearly established.” … established law?

Ralph and Sharon Hughes v. City of North Olmsted

93 F.3d 238 · Court of Appeals for the Sixth Circuit · Aug 20, 1996

The individual defendants respond that they are all entitled to summary judgment based on qualified immunity because they did not violate a clearly established constitutional right. … In the present case, the defendants should have been granted qualified immunity because there is no evidence that the investigation violated a clearly established constitutional right.

Brooks v. Berg

270 F. Supp. 2d 302 · District Court, N.D. New York · Jul 15, 2003

Qualified Immunity “Qualified immunity shields public officials from liability for civil damages if their actions were objectively reasonable, as evaluated in the context of legal rules that were ‘clearly established’ at … Accordingly, the Court turns to the second step of the qualified immunity inquiry: whether this right was clearly established at the time of the alleged violation.