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

Boyd v. Benton County

374 F.3d 773 · Court of Appeals for the Ninth Circuit · Jun 28, 2004

Qualified Immunity The Supreme Court has established a two-part analysis for determining whether qualified immunity is appropriate in a suit against an officer for an alleged violation of a constitutional right. … Consequently, the officers are entitled to qualified immunity because Boyd’s Fourth Amendment right to be free from dangerous flash-bang devices under these circumstances was not clearly established. B.

Cerrone v. Cahill

84 F. Supp. 2d 330 · District Court, N.D. New York · Jan 28, 2000

Standard for Qualified Immunity The doctrine of qualified immunity shields government officials from suit for acts undertaken in the course of their duties if “their conduct does not violate clearly established statutory … When a right is clearly established, qualified immunity also attaches “insofar as it was objectively reasonable to believe that [the government agent’s] acts did not violate these rights.” Calamia v.

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.

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.”

Albert Darruthy v. City of Miami

351 F.3d 1080 · Court of Appeals for the Eleventh Circuit · Nov 26, 2003

Ferraro: Qualified immunity offers “complete protection for government officials sued in their individual capacities as long as ‘their conduct violates no clearly established statutory or constitutional rights of which a … [are] specific enough to establish clearly the law applicable to particular conduct and circumstances and to overcome qualified immunity, even in the total absence of case law.

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.

Michael Segaline v. State Of Wa, Dept. Of L & I

Court of Appeals of Washington · Jul 17, 2017

If Alan Croft has qualified immunity as to the trespass notice he is entitled to qualified immunity for the actions that flowed from it. ... Absent a clearly established right, Mr. … The doctrine of qualified immunity shields government officials from civil liability and money damages so long as "'their conduct does not violate clearly established ...

Doherty v. Rutgers School of Law-Newark

651 F.2d 893 · Court of Appeals for the Third Circuit · Jun 16, 1981

The affidavits clearly show that plaintiff would not have been admitted to any of the law schools even if no minority group members had been admitted. … He clearly was qualified for admission and the trial court so found. Bakke v. Regents of the University of California, slip op. at 5, No. 31287 (Calif.Super.Ct.

A.S. ex rel. J.S. v. Reaves

1 So. 3d 980 · Supreme Court of Alabama · Jun 27, 2008

Foltz, 370 F.3d 1079 (11th Cir.2004), the United States Court of Appeals for the Eleventh Circuit held that, to overcome qualified immunity, not only must the government official violate a clearly established statutory or … Fitzgerald and concluded that the constitutional right violated in that case was a clearly established one.

Robinson v. Bell

767 P.2d 177 · Wyoming Supreme Court · Jan 13, 1989

Immunity from suit is obviously an intended incentive for employers to qualify under the Act. … The relationship between Genuine Parts Company and NAPA is not clearly established in the record. .

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.

Kenjoh Outdoor, LLC v. Jack Marchbanks

23 F.4th 686 · Court of Appeals for the Sixth Circuit · Jan 11, 2022

So the district court properly granted Nathan Fling qualified immunity. Government officials are entitled to qualified immunity unless (1) they violate a constitutional right that (2) was “clearly established.” … We will “affirm[] the application of qualified immunity” because it is “apparent from the complaint that the law was not clearly established because ‘not a single judicial opinion’ ha[s] held the official’s action unconstitutional

Coffin v. Brandau

609 F.3d 1204 · Court of Appeals for the Eleventh Circuit · Jun 22, 2010

To strip the Deputies of qualified immunity, the Coffins must have had a clearly established Fourth Amendment right to be free from a warrantless entry of their garage or warrantless arrest therein. … Therefore, we conclude that the Deputies’ “conduct was not so clearly established as to justify stripping [them] of *1214 qualified immunity.” McClish, 483 F.3d at 1249 . IV.

Brian Dias William Mason, Sr. v. Jose Elique Michael Murray University and Community College System of Nevada University of Nevada, Las Vegas

436 F.3d 1125 · Court of Appeals for the Ninth Circuit · Feb 6, 2006

QUALIFIED IMMUNITY Appellants assert Murray and Elique (the “Supervisors”) violated their clearly established constitutional rights by initiating an investigation without giving Appellants proper notice under Nev.Rev. … The district court applied the doctrine of qualified immunity and dismissed these claims. 5 To determine whether summary judgment on qualified immunity was proper, we must first evaluate whether, taking the facts in the light

Wagner v. Northern Berks Regional Police

Court of Appeals for the Third Circuit · Jul 17, 2020

C Equally important, Horner is entitled to qualified immunity because the law is not clearly established that an officer lacks probable cause where the affirmative defenses of compulsory joinder or Double Jeopardy … Does, 779 F.3d 84, 96 (2d Cir. 2015) (granting qualified immunity to officers because if a “defense rests on . . . a legal theory that is not so clearly established . . . it cannot be said that any reasonable officer would

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.

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.

Ellen Storck v. City of Coral Springs

354 F.3d 1307 · Court of Appeals for the Eleventh Circuit · Dec 30, 2003

[are] specific enough to establish clearly the law applicable to particular conduct and circumstances and to overcome qualified immunity, even in the total absence of case law. … In short, we are satisfied that Storck failed to establish a constitutional violation, and that even if she did, she has not shown that it was “clearly established,” within the meaning of qualified immunity analysis.

In Re Barbara H. Allen, Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Donna Willis, Party in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest

106 F.3d 582 · Court of Appeals for the Fourth Circuit · Feb 6, 1997

51 We hold, therefore, that an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity under § 1983. … established for qualified immunity purposes."