Case law

Martinez v. Mathis

970 F. Supp. 1047 · District Court, S.D. Georgia · Mar 31, 1997

“If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” … “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 reasonable government

Harris v. Hammon

914 F. Supp. 2d 1026 · District Court, D. Minnesota · Dec 19, 2012

Qualified immunity shields government officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … right was clearly established at the time of the alleged misconduct.

Villarreal v. City of Laredo

17 F.4th 532 · Court of Appeals for the Fifth Circuit · Nov 1, 2021

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.

Lyons v. City of Xenia

90 F. App'x 835 · Court of Appeals for the Sixth Circuit · Jan 27, 2004

Because we conclude as a matter of law that Officer Keith did not violate any clearly-established constitutional rights, we reverse the district court’s judgment denying her qualified immunity. … defendant did acts that violated clearly established rights.”

Snow v. City of El Paso, Texas

501 F. Supp. 2d 826 · District Court, W.D. Texas · Apr 4, 2006

Qualified immunity shields public officials from both civil damages and trial “if their actions were objectively reasonable in light of then clearly established law.” Bazan v. … The Court employs a two step process to resolve a qualified immunity defense. First, the Court must determine whether the plaintiff has alleged “the violation of a clearly established Constitutional *835 right.”

Williams v. Bitner

285 F. Supp. 2d 593 · District Court, M.D. Pennsylvania · Sep 30, 2003

Defendants also claim entitlement to qualified immunity on the ground that the violation was not so “clearly established” that prison officials should be expected to avoid it. … Long, 72 F.3d 70, 73-74 (8th Cir.1995) (finding that Muslim inmates had a clearly established right to refrain from handling pork for purposes of a qualified immunity analysis); Kenner v.

Hoard v. Sizemore

198 F.3d 205 · Court of Appeals for the Sixth Circuit · Nov 17, 1999

immunity, i.e., whether a given set of facts violates clearly established law.” … violated clearly established law.

Buck v. City of Albuquerque

549 F.3d 1269 · Court of Appeals for the Tenth Circuit · Dec 9, 2008

entitlement to qualified immunity. … Third, he urges that, even if the officers did not have probable cause to arrest, he is protected by qualified immunity’s second prong, because the right of the Arrested Plaintiffs was not clearly established.

Dunn v. City of Boynton Beach

192 F. Supp. 3d 1310 · District Court, S.D. Florida · Jun 14, 2016

A public official performing a discretionary function enjoys qualified immunity in a civil action for damages if his or her conduct “does not violate clearly established federal statutory or constitutional rights of which … Qualified immunity may be raised in a motion to dismiss. Skrtich v.

PANAGACOS v. Towery

782 F. Supp. 2d 1183 · District Court, W.D. Washington · Mar 1, 2011

Qualified Immunity. … The second step of the qualified immunity analysis requires the Court to determine whether the constitutional rights at issue were clearly established when viewed in the specific context of the case.

Loynachan v. Smiley

District Court, E.D. California · Feb 7, 2024

Qualified immunity is a 25 question of law to be decided by the court. … Clearly Established Right 5 Still, qualified immunity applies if the violated 6 constitutional right was not clearly established.

Navajo Housing Authority v. Johns

11 Am. Tribal Law 31 · Navajo Nation Supreme Court · Sep 10, 2012

, as Dana clearly intended. … However, the provision was, without doubt, part of the larger statutory scheme that established NHA as a public body.

Schmelz v. Monroe County

954 F.2d 1540 · Court of Appeals for the Eleventh Circuit · Feb 19, 1992

Good faith qualified immunity is a doctrine that protects government employees from suit for actions that “ ‘legitimately require action in which clearly established rights are not implicated’ ” and the public interest would … Once qualified immunity is asserted by the defendants, the plaintiff must show that the law was clearly established that the defendants’ acts rose to the level of “deliberate indifference.” Edwards, 867 F.2d at 1275 .

Phoenix v. Reddish

175 F. Supp. 2d 215 · District Court, D. Connecticut · Apr 19, 2001

Clearly Established Duty Phoenix argues in opposition to Carr’s claim of qualified immunity that he had a duty to intervene to prevent the police officers from violating her fourth amendment rights and that he violated that … Because Carr did not have a clearly established constitutional duty to intervene, he is entitled to qualified immunity.

Michael Thomas Wilson v. Barry A. Kittoe, and Anthony S. Tokach

337 F.3d 392 · Court of Appeals for the Fourth Circuit · Jul 22, 2003

Under the second prong of our qualified immunity analysis, we must determine whether the right alleged to have been violated was a “clearly established ... right[ ] of which a reasonable person would have known.” … For the foregoing reasons, Wilson has alleged the violation of a clearly established Fourth Amendment right. Accordingly, the district court’s denial of qualified immunity is affirmed. AFFIRMED 1 .

Kelly v. Jones

148 F. Supp. 3d 395 · District Court, E.D. Pennsylvania · Nov 24, 2015

The right in question was clearly established, such that qualified immunity is unwarranted. ‘ Defendants argue that Officer Jones is entitled to qualified immunity because the constitutional right allegedly violated was not … clearly established at the time Officer Jones acted.

Breuder v. Board of Trustees

238 F. Supp. 3d 1054 · District Court, N.D. Illinois · Mar 3, 2017

Defeating qualified immunity requires (1) conduct violating the plaintiffs constitutional or statutory rights that is (2) clearly established at the time of the violation such that a “reasonable official would understand … Here, the Individual Defendants claim that, even if there was a violation, it was not clearly established.

Soto v. Coughlin

666 F. Supp. 634 · District Court, S.D. New York · Aug 20, 1987

The defendants claim that they are entitled to qualified immunity from suit for the conduct alleged in the complaint on the ground that the alleged conduct did not, at the time it occurred, violate clearly established law … Qualified immunity from liability is available to executive officials in their personal capacity only if the conduct at issue was not a clearly established violation of law at the time the conduct occurred, and only with

Padgett v. Wright

587 F.3d 983 · Court of Appeals for the Ninth Circuit · Nov 20, 2009

The reasoning behind this departure from the general rule is that qualified immunity is “an immunity from suit rather than a mere defense to liability; ... it is effectively lost if a case is erroneously permitted to go to … at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.”

Conkey v. Reno

885 F. Supp. 1389 · District Court, D. Nevada · May 4, 1995

Qualified Immunity Qualified immunity protects government officials from civil liability for actions taken in the performance of discretionary functions when their actions do not violate clearly established statutory or constitutional … Conkey of property without due process of law on the basis of qualified immunity. The complaint alleges the violation of a clearly established constitutional right.