Case law

Simkins v. Bruce

406 F.3d 1239 · Court of Appeals for the Tenth Circuit · May 9, 2005

II Our analysis of qualified immunity involves two steps. … Plaintiff has asserted the violation of a clearly established constitutional right. Accordingly, the entry of summary judgment for defendants on the basis of qualified immunity was error.

Jamal Stephenson v. John Doe

332 F.3d 68 · Court of Appeals for the Second Circuit · Jun 13, 2003

The court indicated that, depending on the jury's answers to the interrogatories, he might have to "decide whether the law was clearly established and whether qualified immunity would attach." … The court later emphasized that this law was clearly established for purposes of qualified immunity.

Perez-Morciglio v. Las Vegas Metropolitan Police Department

820 F. Supp. 2d 1111 · District Court, D. Nevada · Oct 25, 2011

Plaintiffs also have established their rights were clearly established. … Because the qualified immunity inquiry is entwined with the merits, genuine issues of fact remain as to whether Scott and Schaier are entitled to qualified immunity.

Landon Michael v. Joshua Trevena

899 F.3d 528 · Court of Appeals for the Eighth Circuit · Aug 7, 2018

"[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established at the time.' " District … In this case, neither party disputes the clearly-established prong of the qualified immunity analysis.

Brett Kohorst v. Thomas Smith

968 F.3d 871 · Court of Appeals for the Eighth Circuit · Aug 6, 2020

Officer Smith’s actions, while a close call, did not violate a clearly established right and the district court did not err in granting qualified immunity. B. … Because a jury could reasonably conclude that Smith violated Kohorst’s clearly established right to be free from excessive force during the initial takedown, Smith is not entitled to qualified immunity on this claim.

Richard Clemons v. John Couch

3 F.4th 897 · Court of Appeals for the Sixth Circuit · Jul 7, 2021

CLEARLY ESTABLISHED RIGHT In the second step of our qualified-immunity analysis, we must determine whether Richard’s constitutional right was clearly established at the time of the alleged violation. … Under the clearly established prong of qualified immunity, a constitutional violation must be so clearly established by existing precedent that “every reasonable official would interpret it to establish the particular rule

State v. Antonich

694 P.2d 60 · Wyoming Supreme Court · Jan 10, 1985

Clearly, Wyoming’s Preference Act offends the privileges-and-immunities clause unless a close link exists between valid reasons for the Act and the discrimination practiced. … Since the degree of discrimination bears a close relation to the state’s valid reasons for discriminatory treatment, we affirm the Act’s validity under the test established in Toomer v.

Blevins v. Denny

114 N.C. App. 766 · Court of Appeals of North Carolina · May 17, 1994

Similarly, the Court concluded that denial of a public official’s claim of qualified immunity from suit, to the extent that it turns on the legal questions of whether the conduct complained of violated “clearly established … In Mitchell , the United States Supreme Court went on to explain that entitlement [to qualified immunity] is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively

Zamora v. City of Belen

383 F. Supp. 2d 1315 · District Court, D. New Mexico · Apr 27, 2005

Having raised the defense of qualified immunity, Zamora must come forward with evidence establishing that a constitutional violation occurred, and, if so, that the law is clearly established. … Because Zamora has not established a constitutional violation or, even assuming a constitutional violation, that the law is clearly established, Valdez is entitled to qualified immunity on the false arrest claim. V.

Julia Correia v. Glenn Jones

943 F.3d 845 · Court of Appeals for the Eighth Circuit · Nov 27, 2019

“Qualified immunity shields officials from civil liability in § 1983 actions when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “Qualified immunity analysis requires courts to determine whether (1) the plaintiff has alleged or shown a violation of a constitutional right, and (2) the right was clearly established at the time of the defendants’ alleged

James T. Martin, Jr. v. D.C. Metropolitan Police Department, Richard Xander, James T. Martin, Jr. v. D.C. Metropolitan Police Department, Richard Xander

812 F.2d 1425 · Court of Appeals for the D.C. Circuit · May 8, 1987

(footnotes omitted); Mitchell, 105 S.Ct. at 2816 (defendant entitled to dismissal on qualified immunity plea unless plaintiff states a claim of violation of clearly established law). … Harlow, 457 U.S. at 817-18 , 102 S.Ct. at 2738 . 23 The "clearly established law" and "objective reasonableness" facets of current qualified immunity doctrine tug in opposite directions where, as here, the "clearly established

Boyer v. City of Mansfield

3 F. Supp. 2d 843 · District Court, N.D. Ohio · Apr 21, 1998

Whether or not qualified immunity exists in a given case is a legal question for the court, unless there is a genuine issue of material fact regarding whether the defendant committed acts that would violate a clearly established … unreasonable in light of the clearly established constitutional rights.”

Argueta v. Jaradi

94 F.4th 475 · Court of Appeals for the Fifth Circuit · Feb 29, 2024

Because of the disputed facts, and the clearly established law preventing officers from using deadly force after incapacitating an individual, the officer was precluded from qualified immunity. Id. at 339. … are material to the application of qualified immunity.

Betances v. Fischer

144 F. Supp. 3d 441 · District Court, S.D. New York · Aug 6, 2015

Qualified Immunity “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 … Qualified Immunity This Court has previously held that defendants are not entitled to qualified immunity. 63 Defendants had argued that plaintiffs’ constitutional rights were not “clearly established” at the time those rights

Chariell Glaze v. Gary Andrews

721 F.3d 528 · Court of Appeals for the Eighth Circuit · Jul 19, 2013

An official is entitled to qualified immunity unless the facts alleged establish a violation of a constitutional or statutory right, and that right was clearly established at the time of the violation. Pearson v. … There is no admissible evidence to establish that Andrews knew about a substantial risk to Glaze’s safety. Andrews is thus entitled to qualified immunity.

Blaylock v. Schwinden

862 F.2d 1352 · Court of Appeals for the Ninth Circuit · Sep 7, 1988

Moreover, plaintiffs were clearly seeking damages from the public treasury. … A state indemnification statute does not automatically extend immunity to state officials. See Demery v.

Flint ex rel. Flint v. Kentucky Department of Corrections

270 F.3d 340 · Court of Appeals for the Sixth Circuit · Oct 26, 2001

The affirmative defense of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate ‘clearly established’ statutory … violating a clearly established right of Flint’s.

Argueta v. Jaradi

86 F.4th 1084 · Court of Appeals for the Fifth Circuit · Nov 17, 2023

The qualified-immunity inquiry has two parts. … Once an officer pleads qualified immunity, it is the plaintiff’s burden to establish that the officer violated the plaintiff’s clearly established federal rights. Estate of Davis v.

Ryan Ferguson v. John Short

840 F.3d 508 · Court of Appeals for the Eighth Circuit · Oct 19, 2016

Qualified immunity shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would know. Id. … We therefore have jurisdiction to review reasoned denials of qualified immunity and failures or refusals to rule on qualified immunity.

Burdeshaw v. Snell

350 F. Supp. 2d 944 · District Court, M.D. Alabama · Jun 4, 2004

Federal Claims and Qualified Immunity 1. General Principles Snell has pled the affirmative defense of qualified immunity. … Under the second prong, the court must determine whether the applicable law was clearly established at the time of the challenged action, that is, whether the defendant would have violated a clearly established right under