Case law

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.

Mountain Pure, LLC v. Roberts

27 F. Supp. 3d 962 · District Court, E.D. Arkansas · Jun 13, 2014

Qualified immunity “will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Weaver v. Clarke, 45 F.3d 1253, 1255 (8th Cir.1995). … Even so, named defendants are entitled to qualified immunity if plaintiffs’ allegedly violated constitutional rights were not clearly established at the time.

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.

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.

Morse v. Massachusetts Executive Office of Public Safety Department of State Police

123 F. Supp. 3d 179 · District Court, D. Massachusetts · Aug 18, 2015

qualified immunity. … Therefore, to overcome Defendants’ qualified immunity defense, Plaintiffs must show that their rights were “clearly established” at the time of the violation.

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.

Janet Feliciano v. City of Miami Beach

707 F.3d 1244 · Court of Appeals for the Eleventh Circuit · Feb 5, 2013

The district court denied the defendant officers qualified immunity on the claim, reasoning that although their initial entry did not violate Feliciano’s clearly established Fourth Amendment rights, they plainly exceeded … The district court rejected the officers’ claims for qualified immunity, but solely on the ground that the scope of their search, particularly of the underwear drawer and kitchen pantry, violated Feliciano’s clearly established

Goodson v. City of Corpus Christi

202 F.3d 730 · Court of Appeals for the Fifth Circuit · Jan 26, 2000

Qualified Immunity 7  In considering Gaines and Perez’s qualified immunity claim, we must remain cognizant of the fact that the “qualified . . . … But that dispute is not dispositive of the qualified immunity question at this moment.

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.

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.

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.”

DiPace v. Goord

308 F. Supp. 2d 274 · District Court, S.D. New York · Mar 3, 2004

On the second issue, plaintiffs argued that the proposed defendants are not entitled to qualified immunity because the right to adequate medical care for serious medical needs was clearly established and no reasonable jury … Second, even where such a constitutional right has been violated, the government employee is entitled to qualified immunity “ ‘if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively

Darryl Williams v. Paul Delo Bill Hartley Raphael Coad Greg Dunn Unknown Wells, Officer Norma Lavrrar Paul Stuart, Officer

49 F.3d 442 · Court of Appeals for the Eighth Circuit · Mar 7, 1995

“Generally, prison officials may rely on the defense of qualified immunity to protect them from liability for civil damages” if their conduct does not violate clearly established rights that would have been known to a reasonable … With respect to Williams’s claim for damages, the defendants in this case are entitled to summary judgment on the basis of qualified immunity because they did not violate any clearly established Eighth Amendment right that

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.

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.

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.”

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.”

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.

Everitt v. DeMarco

704 F. Supp. 2d 122 · District Court, D. Connecticut · Mar 30, 2010

Defendants are entitled to qualified immunity. … Qualified Immunity The individual Defendants assert that they are entitled to qualified immunity because their actions did not violate any clearly established constitutional right possessed by the Plaintiffs.

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