Case law

Estate of Adkins , by and through Adkins v. County of San Diego

384 F. Supp. 3d 1195 · District Court, S.D. California · Jun 7, 2019

Qualified Immunity Defendants argue that officers Vianzon and Perine are entitled to qualified immunity. (Doc. No. 52-1 at 14-17.) Plaintiff argues that the officers' actions violated clearly established law. (Doc. … Moreover, with respect to Beaver , the Court may "look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes." Boyd v.

Chipman v. City of Florence

866 F. Supp. 332 · District Court, E.D. Kentucky · Oct 12, 1994

After reviewing the parties’ briefs and conducting oral argument, this court concluded that the defendant law enforcement officers had not violated clearly established law and were, therefore, entitled to qualified immunity … As the constitutional rights which the defendant law enforcement officers allegedly violated in this ease are not clearly established, those defendants are entitled to qualified immunity.

Blue v. Koren

72 F.3d 1075 · Court of Appeals for the Second Circuit · Dec 26, 1995

Circuit in Martin, 812 F.2d at 1432 , “[t]he ‘clearly established law' and ‘objective reasonableness’ facets of current qualified immunity doctrine tug in opposite directions where, as here, the ‘clearly established law' … When such a motion is based on assertion of qualified immunity, the first issue is whether a clearly established right is at stake. See Siegert, 500 U.S. at 232 , 111 S.Ct. at 1793 .

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.

Parker v. American Traffic Solutions, Inc.

835 F.3d 1363 · Court of Appeals for the Eleventh Circuit · Aug 31, 2016

It is by now well-established that an order denying federal qualified immunity satisfies the above requirements. See Schmelz v. Monroe Cty., 954 F.2d 1540 , 1543 (11th Cir. 1992) (citing Mitchell v. … Rule 38 sanctions are appropriately imposed against appellants who raise “clearly frivolous claims in the face of established law and clear facts.” Farese v.

Harris v. Lord

957 F. Supp. 471 · District Court, S.D. New York · Mar 7, 1997

Qualified Immunity Defendants argue that even if their actions rise to the level of a constitutional violation, they are protected from liability by qualified immunity because their actions did not contravene clearly established … Even where such constitutional rights are clearly established, qualified immunity will protect a government official if it was objectively reasonable for him to believe his acts did not violate those rights. Id.

Oliverio Martinez v. City of Oxnard Oxnard Police Dept. Art Lopez, Chief Maria Pena Andrew Salinas Ron Zavala, and Ben Chavez

337 F.3d 1091 · Court of Appeals for the Ninth Circuit · Jul 30, 2003

We entertained at that time only the interlocutory appeal from the district court’s denial of qualified immunity to Chavez. … Because, under the facts alleged by Martinez, Chavez violated Martinez’s clearly established due process rights, see Saucier v.

William Brinsdon v. McAllen Independent Sch Dist

863 F.3d 338 · Court of Appeals for the Fifth Circuit · Jun 30, 2017

To establish that qualified immunity does not apply, Brinsdon must prove that Santos or Cavazos (1) “violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … Second, the district court held that Santos and Cavazos were entitled to qualified immunity because how existing law applied to the facts was not clearly established.

Tonkovich v. Kansas Board of Regents

159 F.3d 504 · Court of Appeals for the Tenth Circuit · Oct 26, 1998

II, doc. 7 at 679 (Dean Jerry entitled to qualified immunity because his actions did not violate clearly established constitutional rights); see also id. vol. … Pages and pages of facts are no substitute for citations to clearly established law. Nor can they meet Professor Tonkovich’s burden on 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.

Ricciuti v. Gyzenis

832 F. Supp. 2d 147 · District Court, D. Connecticut · Dec 28, 2011

Finally, the individual defendants claim qualified immunity, arguing that their conduct was not prohibited by clearly established law at the time of Ms. Ricciuti’s termination. … There is no small irony in the fact that the Second Circuit’s qualified immunity case law is itself not "clearly established.”

Justin Schimandle v. DeKalb County Sheriff's Office

114 F.4th 648 · Court of Appeals for the Seventh Circuit · Aug 28, 2024

A Qualified immunity requires the court to determine: (1) whether the record evidences the violation of a federal statu- tory or constitutional right; and if so (2) whether the right violated was clearly established at … “There is no question that [Schimandle’s] constitutional right to be free from arrest without probable cause was clearly established at the time of the incident.”

Patrick Atwater, Jr. v. Kelly H. Tucker

Court of Appeals of Georgia · Oct 24, 2017

“The test for determining whether a defendant is protected from suit by the doctrine of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly established law; … “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

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

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.”

Jody Lombardo v. City of St. Louis

956 F.3d 1009 · Court of Appeals for the Eighth Circuit · Apr 20, 2020

Having concluded that the facts presented do not make out a violation of Gilbert’s constitutional rights, we need not evaluate the clearly established prong of the qualified immunity analysis. See Greenman v. … Jessen, 787 F.3d 882, 887 & n.10 (8th Cir. 2015) (affirming the district court’s grant of qualified immunity based on the constitutional violation prong even though the district court only reached the clearly established

Randall McElhaney v. Dustin Williams

81 F.4th 550 · Court of Appeals for the Sixth Circuit · Aug 25, 2023

Because today’s appeal arises from the successful assertion of qualified immunity, we must modify our inquiry. Qualified immunity shields officials from trial “unless their actions violate clearly established rights.” … Accordingly, McElhaney has satisfied the clearly established prong of the qualified immunity inquiry.

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

Patrick Stockdale v. Kim Helper

Court of Appeals of Tennessee · May 8, 2024

any clearly established law. . . . … clearly established right of the Plaintiffs to which General Helper is alleged to have violated.”

Elliot-Park v. Manglona

592 F.3d 1003 · Court of Appeals for the Ninth Circuit · Jan 12, 2010

In a qualified immunity appeal, we normally look first to whether a constitutional violation was alleged and then to whether the defendants have qualified immunity as a matter of law. See Pearson v. … Law enforcement officials are entitled to qualified immunity even where their conduct violated a constitutional right unless that right was clearly established at the time of the violation. Saucier v.