Case law

Wimbley v. Cashion

588 F.3d 959 · Court of Appeals for the Eighth Circuit · Dec 3, 2009

The court found genuine issues of material fact whether Cashion’s reasons for discharging Wimbley were pretextual, and denied qualified immunity. II. This court reviews de novo a denial of qualified immunity. … Cashion is not entitled to qualified immunity under part one of the Saucier inquiry. B. The second Saucier inquiry is whether the right was clearly established.

Rigler v. Lampert

248 F. Supp. 3d 1224 · District Court, D. Wyoming · Mar 31, 2017

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. … Callahan, 555 U.S. 223, 236 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009), we held that courts may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law, without resolving

Sheila T. Harper v. Lawrence County

584 F.3d 1030 · Court of Appeals for the Eleventh Circuit · Oct 7, 2009

on qualified immunity. … Were Harper’s rights clearly established at the time?

William J. Benson v. Robert H. Allphin

786 F.2d 268 · Court of Appeals for the Seventh Circuit · Apr 11, 1986

Qualified Immunity As government officials performing discretionary functions, Allphin and Rummel are shielded from liability for civil damages in a § 1983 action unless their conduct violated “clearly established statutory … Although the Supreme Court has articulated the rule for qualified immunity, it has not fully explained what it means by the phrase “clearly established statutory or constitutional rights.”

Long v. Norris

929 F.2d 1111 · Court of Appeals for the Sixth Circuit · Apr 29, 1991

established" for purposes of qualified immunity. … established at the time of the searches for purposes of qualified immunity.

William A. Newman, Ph.D. v. Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan R. Jones, and Ray M. Keck, III

Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

Qualified Immunity Qualified immunity is a defense to federal law claims that shields governmental officials performing discretionary functions from liability as long as their actions could reasonably be thought … that violated clearly established law.

Mitchell v. Parker

271 F. Supp. 3d 1364 · District Court, N.D. Georgia · Sep 25, 2017

A plaintiff demonstrates that qualified immunity does not apply by showing “(1) the defendant violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation.” … Dowling contends that there is an absence of evidence in the record to support this claim and therefore Dowling could not have violated a clearly established constitutional right and is entitled to qualified immunity.

Langley v. Coughlin

709 F. Supp. 482 · District Court, S.D. New York · Mar 31, 1989

The grant of qualified immunity, then, depends upon whether there was a clearly established constitutional right of which the defendants knew or should have known at the time. … established at the time, and consequently, defendants are not entitled to summary judgment on their claim of qualified immunity.

Robert B. Brown v. Texas a & M University

804 F.2d 327 · Court of Appeals for the Fifth Circuit · Nov 17, 1986

Perez In order to overcome Reynolds’ claim of qualified immunity, Brown must show that Reynolds’ conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” … Forsyth, 105 S.Ct. at 2816 (“Unless plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”).

Arledge v. Sherrill

738 So. 2d 1215 · Louisiana Court of Appeal · Aug 18, 1999

Additionally, a qualified immunity generally applies to most acts of government officials. 2 Id. In Harlow v. … [[Image here]] It should not be surprising, therefore, that our cases establish that the right the official is alleged to have violated must be “clearly established” in a more particularized, and hence more relevant, sense

White v. Franklin

637 F. Supp. 601 · District Court, N.D. Mississippi · May 27, 1986

Qualified immunity is judged objectively by reference to clearly established law. Id. … Thus, if this court concludes that the individual defendants acting within their individual capacities violated such clearly established *616 constitutional or statutory rights, then qualified immunity does not bar this action

Negron v. City of New York

976 F. Supp. 2d 360 · District Court, E.D. New York · Oct 4, 2013

An assertion of qualified immunity requires a court to determine “(1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was clearly established; and (3) even if … Whether the Constitutional Right Violated Was Clearly Established Even if their actions are found to have constituted unreasonable or excessive force, Marchesona and Pigott would still be entitled to qualified immunity if

Roberts v. City of Shreveport

397 F.3d 287 · Court of Appeals for the Fifth Circuit · Jan 13, 2005

established law.” … Louisiana applies qualified immunity principles to state constitu- tional law claims based on “[t]he same factors that compelled the United States Supreme Court to recognize a qualified good faith immunity for state officers

Cooper v. Bonaventura

470 F. Supp. 2d 642 · District Court, W.D. Virginia · Jan 25, 2007

To decide a defense of qualified immunity, I must first determine whether the agent has violated a particular constitutional right and if so, next proceed to decide whether that right was clearly established at the time of … Even assuming that the seizure was not supported by probable cause, Bonaventura is still entitled to qualified immunity so long as the seizure did not violate a clearly established right of which an objectively reasonable

Metlin v. Palastra

729 F.2d 353 · Court of Appeals for the Fifth Circuit · Apr 9, 1984

After finding appellate jurisdiction over the denial of the officer’s claim of absolute immunity, we exercise pendent jurisdiction over his qualified immunity claim and conclude that the Army officer is entitled to qualified … Unless the ... plaintiff can establish that the defendant officials have violated clearly established law, the claim for damages must be dismissed.” Sampson v. King, 693 F.2d 566, 570 (5th Cir.1982).

J.R. v. Gloria

599 F. Supp. 2d 182 · District Court, D. Rhode Island · Feb 26, 2009

The second qualified immunity prong examines whether the contours of this right were clearly established in 1996. Anderson, 483 U.S. at 640 , 107 S.Ct. 3034 . … Even if this final parameter of the right was clearly established *202 in 1996, Defendants Gloria and Terry are still entitled to qualified immunity because, under the third and final prong, each would have an objectively

Christina Romero v. Amanda Brown

937 F.3d 514 · Court of Appeals for the Fifth Circuit · Aug 29, 2019

The court held that a violation of the right to family integrity was not clearly established in the context of a social worker investigation, entitling both Brown and Mouton to qualified immunity. … Those allegations do not establish that the officers violated clearly established law.

Maciariello v. Sumner

973 F.2d 295 · Court of Appeals for the Fourth Circuit · Aug 18, 1992

In denying summary judgment for Sumner and Paskoff, the district court ruled that the law regarding retaliation for First Amendment activity is clearly established and that the “defense of qualified immunity does not ’pertain … Consequently, they are entitled to qualified immunity.

Wilkins v. DeReyes

528 F.3d 790 · Court of Appeals for the Tenth Circuit · Jun 13, 2008

Qualified Immunity Turning to Plaintiffs’ malicious prosecution claim, we agree with the district court that the officers are not entitled to qualified immunity. … Clearly Established We now turn to whether the law regarding the alleged constitutional violation was clearly established. If it was not, qualified immunity applies.

Felker v. Christine

796 F. Supp. 135 · District Court, M.D. Pennsylvania · Apr 22, 1992

In exploring whether a right is clearly established, we must find “some but not precise correspondence” with applicable precedents. People of Three Mile Island v. … protection program without notice to the father as father’s right to a hearing was clearly established when the child was placed in the program).