Case law

Wray v. Painter

791 F. Supp. 2d 419 · District Court, E.D. Pennsylvania · Mar 28, 2011

Qualified Immunity In his Motion for Summary Judgment, Defendant asserts he is entitled to qualified immunity because he did not violate a clearly established law of which a reasonable officer in his position would have known … The Right Was Clearly Established at the Time of the Violation Under the second prong of the qualified immunity test, the Court must determine whether the right violated was clearly established at the time of the violation

Skatemore, Inc. v. Gretchen Whitmer

40 F.4th 727 · Court of Appeals for the Sixth Circuit · Jul 19, 2022

The doctrine of qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Assuming Plaintiffs alleged an unconstitutional taking, they have failed to show that the alleged constitutional violation was clearly established.5 The Supreme Court has cautioned courts “not to define clearly established

Demster v. City of Lenexa, Kan.

359 F. Supp. 2d 1182 · District Court, D. Kansas · Mar 16, 2005

The court dismissed this claim after finding that defendants were shielded by qualified immunity. … Once a defendant asserts a qualified immunity defense, the court employs a two-part test.

Freeman v. Blair

793 F.2d 166 · Court of Appeals for the Eighth Circuit · Jun 4, 1986

The decisions to inspect without a warrant clearly were functions for which Blair and Massa are not entitled to absolute immunity nor, as we conclude below, were the decisions reasonable under clearly established law. … Our task then will be to determine whether the law in the areas implicated in those claims was clearly established at the time of the actions here at issue and thus whether the state officials’ qualified immunity defenses

Dean v. Blumenthal

577 F.3d 60 · Court of Appeals for the Second Circuit · Aug 11, 2009

We hold that all requested relief, other than damages, is moot and that appellee is entitled to qualified immunity from damages because there was no clearly established right under the First Amendment to receive campaign … We also hold that appellee Richard Blumenthal is entitled to qualified immunity from Dean’s claim for damages because there was no clearly established right under the First Amendment to receive campaign contributions during

Patrick Stockdale v. Kim Helper

979 F.3d 498 · Court of Appeals for the Sixth Circuit · Oct 30, 2020

But because her conduct did not violate any clearly established law, qualified immunity protects her. We affirm in part and reverse in part. I. … Qualified Immunity. That leaves Helper’s qualified immunity defense against Stockdale and Dunning’s § 1983 claim.

Elizabeth Harvey v. Plains Township Police Department Edward J. Walsh Ronald Dombroski Plains Township Board Joan A. Chukinas

421 F.3d 185 · Court of Appeals for the Third Circuit · Aug 30, 2005

Qualified Immunity “Qualified immunity shields public officials performing discretionary functions from § 1983 and Fourteenth Amendment liability ‘insofar as their conduct does not violate clearly established statutory or … Our qualified immunity inquiry is a two step process. First, we must determine whether the defendants violated “clearly established” rights. Id.

Villarreal v. City of Laredo

44 F.4th 363 · Court of Appeals for the Fifth Circuit · Aug 12, 2022

The district court dismissed her First Amendment infringement claim against various officials on qualified immunity grounds, finding that any violation was not clearly established at the time. … of clearly established law.

Bever v. Gilbertson

724 F.2d 1083 · Court of Appeals for the Fourth Circuit · Jan 11, 1984

By eliminating the subjective component of the qualified immunity claim, the Supreme Court clearly intended to facilitate disposition of claims of qualified immunity on summary judgment motions, but one must read much into … A public official, clothed with qualified immunity, is not required to anticipate future development of constitutional doctrine, but he is required to respect the established constitutional rights of others.

DeNieva v. Reyes

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

Thus, as we stated in Romero , [t]he qualified immunity test necessitates three inquiries: (1) the identification of the specific right allegedly violated; (2) the determination of whether that right was so ‘clearly established … Did DeNieva Identify a Specific Right, and Was it Clearly Established? 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.

Pride v. Kansas Highway Patrol

793 F. Supp. 279 · District Court, D. Kansas · May 1, 1992

of the law that was clearly established at the time of the offensive conduct. … Because the threshold requirement of establishing a constitutional violation is not met, the qualified immunity analysis necessarily terminates at this point.

Nolin v. Town of Springville

45 F. Supp. 2d 894 · District Court, N.D. Alabama · Mar 22, 1999

“For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all *907 reasonable … In Lewis , the Supreme Court clarified the rationale behind resolving the substantive issues in a qualified immunity case before addressing the question of whether the law was clearly established at the time of the violation

Ferguson v. Leiter

220 F. Supp. 2d 875 · District Court, N.D. Ohio · Sep 18, 2002

Qualified Immunity Qualified immunity is an affirmative defense that shields public officials performing discretionary functions from civil damages if their conduct does not violate clearly established statutory or constitutional … Once a qualified immunity defense is raised, the “plaintiff is obliged to present facts which if true would constitute a violation of clearly established law.” Dominque v.

Dorsey v. Sokoloff

381 F. Supp. 3d 521 · District Court, D. Maryland · May 17, 2019

The second prong of the qualified immunity analysis examines whether a police officer's conduct violated a constitutional right that was clearly established at the time that the conduct occurred. … In consequence, the Fourth Circuit held that the officer was not entitled to qualified immunity for seven of the Taser shocks because he had violated the clearly established constitutional right of an arrestee to be free

Bailey v. Iles

78 F.4th 801 · Court of Appeals for the Fifth Circuit · Aug 25, 2023

However, “[a] qualified immunity defense alters the usual summary judgment burden of proof” because the plaintiff, to overcome qualified immunity, “must rebut the defense by establishing a genuine [dispute of material … An officer is entitled to qualified immunity “if there is no violation, or if the conduct did not violate law clearly established at the time.” Id.

Conlogue v. Hamilton

906 F.3d 150 · Court of Appeals for the First Circuit · Oct 11, 2018

officials who act incompetently or in disregard of clearly established legal principles. … Qualified immunity inoculates government officials from civil liability based on their discretionary actions and decisions which, although injurious, "do[] not violate clearly established statutory or constitutional rights

Tisdale v. Gravitt

51 F. Supp. 3d 1378 · District Court, N.D. Georgia · Sep 30, 2014

Qualified Immunity Defendants also move for summary judgment on Plaintiffs on the alternative grounds of the affirmative defense of qualified immunity. … establish a constitutional violation; and second, whether the right violated was clearly established.

United States Ex Rel. Burlbaw v. Orenduff

400 F. Supp. 2d 1276 · District Court, D. New Mexico · Nov 15, 2005

If Plaintiffs can do so, they must then show the statutory right was clearly established. Id. … Since Plaintiffs have failed to raise an issue of fact concerning the existence of an FCA violation, the Court need not address the “clearly established law” aspect of the qualified-immunity doctrine.

Patrick Stockdale v. Kim Helper

Court of Appeals of Tennessee · May 8, 2024

any clearly established law. . . . … clearly established right of the Plaintiffs to which General Helper is alleged to have violated.”

Nicholas v. Tucker

89 F. Supp. 2d 475 · District Court, S.D. New York · Mar 14, 2000

In consequence, summary judgment the basis of qualified immunity is not appropriate. … clearly established constitutional right.); Al-Jundi v.