Case law

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 .

Estate of Rudy Escob v. Brian Marti

702 F.3d 388 · Court of Appeals for the Seventh Circuit · Dec 13, 2012

When analyzing a qualified immunity defense, courts consider whether the facts alleged demonstrate a constitu- tional violation, and whether the constitutional right was clearly established. Pearson v. … The district court granted judgment as a matter of law on qualified immunity grounds to the defendant com- manders on the second prong, finding that Escobedo did not have a clearly established constitutional right to be free

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.

Roybal-Mack v. N.M. Dep't of Pub. Safety

286 F. Supp. 3d 1226 · District Court, D. New Mexico · Dec 12, 2017

If the plaintiff fails to establish either part of the two-part inquiry, the court must grant the defendants qualified immunity. Id. … Whether Law Was Clearly Established The Court need not address whether the law clearly established as the second part of the qualified immunity analysis, having found that Defendants did not violate Plaintiff's constitutional

John Young v. Mercer County Commission

849 F.3d 728 · Court of Appeals for the Eighth Circuit · Feb 27, 2017

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “[C]ourts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without resolving the often more difficult question whether the purported right exists at all.”

Leonard Foster v. Dustin Patrick

806 F.3d 883 · Court of Appeals for the Sixth Circuit · Nov 20, 2015

Patrick Page 4 precluded an award of qualified immunity. Patrick filed this interlocutory appeal challenging the denial of qualified immunity. … Clearly Established Right Although it is true that the right must be clearly established in a “‘particularized’ sense,” Brosseau v. Haugen, 543 U.S. 194, 199 (2004) (per curiam) (quoting Saucier v.

DePace v. Flaherty

183 F. Supp. 2d 633 · District Court, S.D. New York · Jan 28, 2002

Creighton, to say that the contours of a right must be clearly established “is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful.” 31 … Flaherty still would be entitled to qualified immunity, despite the fact that the alleged conduct violated clearly established law, if it was objectively reasonable for her to believe that her actions did not violate DePace

Latetia Nunley v. Blayne Newton

117 F.4th 1059 · Court of Appeals for the Eighth Circuit · Sep 25, 2024

at issue was clearly established at the time of defendant’s alleged misconduct.” … “[T]o determine whether [Newton] violated clearly established law, we need to know what happened.

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

Olufemi Anthony Lukan v. North Forest Isd, Gloria S. Scott, L v. Brisco

183 F.3d 342 · Court of Appeals for the Fifth Circuit · Sep 27, 1999

First, if the official’s conduct did not violate a clearly established constitutional right, the official is entitled to qualified immunity. See Jones v. Collins, 132 F.3d 1048, 1052 (5th Cir.1998). … Second, even if the official’s conduct violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable. See id.

Simkunas v. Tardi

720 F. Supp. 687 · District Court, N.D. Illinois · Aug 31, 1989

Qualified Immunity Qualified immunity is a doctrine that protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Furthermore, in summary judgment situations where qualified immunity is at issue, the burden is on the plaintiff to establish the existence of the allegedly “clearly established constitutional right.”

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

Ex Parte Colagross

674 So. 2d 1315 · Supreme Court of Alabama · Feb 9, 1996

McIntosh-Wilson, 582 So.2d 1058, 1061 (Ala.1991), Justice Adams wrote: "In their individual capacities, however, state officials may be liable for damages resulting from discretionary acts that violate `clearly established … In order 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."'" 582

William Sullivan v. City of Round Rock, Tex

837 F.3d 513 · Court of Appeals for the Fifth Circuit · Sep 14, 2016

First, it “decides that a certain course of conduct would, as a matter of law, be objectively un- reasonable in light of clearly established law. … Qualified immunity provides government officials with immunity from suit—not merely a defense to liability for civil damages—“insofar as their con- duct does not violate clearly established statutory or constitutional rights

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.

Maxwell v. Henry

815 F. Supp. 213 · District Court, S.D. Texas · Jan 19, 1993

Nuchia has filed a motion to dismiss based on qualified immunity. … In cases where a Defendant asserts qualified immunity as a defense, plaintiffs are held to a higher standard and must plead with particularity all facts establishing a right to recovery, including those which negate the qualified

Torres Ocasio v. Melendez

283 F. Supp. 2d 505 · District Court, D. Puerto Rico · Sep 16, 2003

Furthermore, Defendants also assert their entitlement to qualified immunity. Qualified immunity constitutes a right not to stand trial or face the burdens of litigation. See Saucier v. … The procedures regarding qualified immunity allow for judicial review, via certiorari, on the qualified immunity issue. Id. at 207, 121 S.Ct. 2151 .

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

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

‘An official is entitled to qualified immunity if he is performing discretionary functions and his actions do “ ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known … 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

MOLINELLI-FREYTES v. University of Puerto Rico

792 F. Supp. 2d 150 · District Court, D. Puerto Rico · Apr 5, 2010

QUALIFIED IMMUNITY The “doctrine of qualified immunity protects government officials from [personal] liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … This is to say that the Court must find that “[p]ublic officials are ... entitled to qualified immunity unless the facts establish that their conduct violated a constitutional [or federal statutory] right that was clearly

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.