Case law

Zia Trust Co. Ex Rel. Causey v. Montoya

597 F.3d 1150 · Court of Appeals for the Tenth Circuit · Mar 9, 2010

However, we review -5- summary judgment motions raising qualified immunity differently because “qualified immunity shields government officials . . . from liability for damages … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to

Briaheen Thomas v. Tice

948 F.3d 133 · Court of Appeals for the Third Circuit · Jan 15, 2020

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … As the Majority notes, qualified immunity does not shield a government official where she has “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v.

City of Prosser v. Teamsters Union Local 839

Court of Appeals of Washington · Apr 19, 2022

Martin, 195 F.3d 1208, 1218 (10th Cir. 1999) (holding that the relevant law was “clearly established” in the post-October 1994 time frame for purposes of defendant’s claim of qualified immunity); cf. Sampson v. … and by officials acting under color of state law. 7 Article I, section 12 states: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities

George Zilich v. Thomas Longo David Mack Nancy Marincic Rose Marie Lovano Joseph Suster Michael Abella and Wilhelm Spiegelberg

34 F.3d 359 · Court of Appeals for the Sixth Circuit · Nov 3, 1994

We conclude that the resolution and ordinance are not a bill of attainder and that their passage did not violate plaintiffs clearly established First Amendment rights; therefore, defendants are entitled to qualified immunity … We also agree with the findings of the district court that Zifich's First Amendment right of free speech was "clearly established" for qualified immunity purposes.

Whittington v. Maxwell

455 F. App'x 450 · Court of Appeals for the Fifth Circuit · Dec 22, 2011

Did Maxwell act unreasonably in the light of clearly established law? … We now turn to the second inquiry in the qualified immunity analysis— whether Maxwell acted in an objectively unreasonable manner in the light of clearly established law.

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 Quasisovereign 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, and 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. (Two Cases)

119 F.3d 1129 · Court of Appeals for the Fourth Circuit · Aug 8, 1997

immunity even by violating clearly established state law, id. at 194 , 104 S.Ct. at 3019 . … that federal qualified immunity is lost if an official violates clearly established state law.

Plowman v. United States Department of the Army

698 F. Supp. 627 · District Court, E.D. Virginia · Oct 19, 1988

The balance struck in the qualified immunity standard encourages expeditious termination of meritless suits against government officials when their actions do not implicate clearly established rights. … Here, Is-bell’s actions did not implicate a clearly established constitutional right, nor were his actions inconsistent with any such right. He is, therefore, entitled to qualified immunity.

Williams v. Alabama State University

865 F. Supp. 789 · District Court, M.D. Alabama · Oct 12, 1994

Under this test, public officials performing discretionary functions which would objectively appear to be- within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … To defeat a qualified immunity defense, the 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 law clearly

Hanson v. Sangamon County Sheriff's Department

991 F. Supp. 1059 · District Court, C.D. Illinois · Jan 28, 1998

Qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights … Thus, Sheriff Williamson asserts that he is protected by qualified immunity because there were no clearly established constitutional standards on the date when the alleged violations occurred.

Blankenship v. Manchin

410 F. Supp. 2d 483 · District Court, S.D. West Virginia · Jan 18, 2006

Clearly Established Law The question under this second and final step in the qualified immunity analysis is “whether a reasonable [official] could have believed [the challenged conduct] to be lawful, in light of clearly established … It is important to note that the law is clearly established for qualified immunity purposes not only when “the very action in question has previously been held unlawful,” but .also when “pre-existing law” makes the “unlawfulness

Ralph Walsh, Jr. v. Lisa Hodge

975 F.3d 475 · Court of Appeals for the Fifth Circuit · Sep 15, 2020

Because Walsh’s deprivations of due process were not clearly established constitutional rights, we REVERSE the district court’s denial of qualified immunity and RENDER judgment in favor of Defendants. … immunity analysis: was Walsh’s constitutional right clearly established?

Dees v. Vendel

856 F. Supp. 1531 · District Court, D. Kansas · Sep 27, 1994

clearly established when the violation occurred.” … with clearly established law.

Julian Betton v. David Belue

942 F.3d 184 · Court of Appeals for the Fourth Circuit · Nov 5, 2019

Officer Belue appeals only the court’s denial of qualified immunity with respect to the excessive force claim. … The burden of establishing the affirmative defense of qualified immunity rests on the party seeking to invoke it. Id.

Hartsfield v. Lemacks

50 F.3d 950 · Court of Appeals for the Eleventh Circuit · Jun 14, 1995

This court utilizes a two-part analysis for the defense of qualified immunity. … In Lassiter, we explained that for law to be clearly established in the qualified immunity context, “pre-existing law must dictate, that is truly compel (not just suggest or allow or raise a question about), the conclusion

Ford v. Moore

237 F.3d 156 · Court of Appeals for the Second Circuit · Jan 8, 2001

Qualified Immunity A defendant official is entitled to. qualified immunity if (1) the defendant’s actions did not violate clearly established law, or (2) it was objectively reasonable for the defendant to believe that his … actions were objectively unreasonable in light of clearly established law.

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.

Alan Beaman v. Dave Warner

776 F.3d 500 · Court of Appeals for the Seventh Circuit · Jan 13, 2015

An official is entitled to qualified immunity for conduct that does not violate clearly established statutory or constitu- 14 No. 14-1195 tional rights of which a reasonable … The second question in the qualified immunity analysis is whether the right at issue was clearly established at the time and under the circumstances presented.

Solis v. Prince George's County

153 F. Supp. 2d 793 · District Court, D. Maryland · Jul 13, 2001

Qualified Immunity under 12 U.S.C. § 1983 Under § 1983, state officials performing discretionary functions are entitled to qualified immunity where their conduct “does not violate clearly established statutory or constitutional … Accordingly, the Court finds that Officer Ruffin has not established an entitlement to qualified immunity as to Plaintiffs Fourth Amendment claim. b.

Bell v. Dawson

144 F. Supp. 2d 454 · District Court, W.D. North Carolina · Apr 20, 2001

As discussed above, government officials performing discretionary functions are entitled to qualified immunity from *461 liability for civil damages to the extent that “their conduct does not violate clearly established statutory … [Qualified immunity is an immunity from suit, and not merely a defense to liability....

Jantz v. Muci

976 F.2d 623 · Court of Appeals for the Tenth Circuit · Oct 9, 1992

Therefore, the court analyzed Plaintiff's qualified immunity defense under a rational basis test, holding that it was clearly established in 1988 that the government could not “ 'discriminate [against homosexuals] for the … Applying this precept as clearly established by one fellow district court, 1 the court held that Defendant was not entitled to the qualified immunity defense because he did *627 not offer a rational explanation for basing