Case law

Brown v. Newton County Sheriff's Office

273 F. Supp. 3d 1142 · District Court, N.D. Georgia · Aug 7, 2017

Qualified Immunity Defense Defendants argue that Officers Shirley and Ramsey are entitled to qualified immunity and therefore cannot be liable for shooting Ms. Brown. … There are three ways to show that a right was clearly established: (1) a “materially similar” case has already been decided; (2) a broad statement of principle within the Constitution, statute, or case law clearly establishes

Fitzpatrick v. Meyer

809 F. Supp. 1292 · District Court, S.D. Ohio · Dec 9, 1992

A defendant is entitled to summary judgment on qualified immunity grounds if he shows in light of clearly established principles that he could, as a matter of law, reasonably have believed that his actions were lawful. … The Defendants assert that qualified immunity is proper because Holbrook did not violate clearly established statutory or constitutional rights; Holbrook’s inspection of the records was within her discretionary authority

Price-Cornelison v. Brooks

524 F.3d 1103 · Court of Appeals for the Tenth Circuit · May 2, 2008

The next qualified immunity question presented is whether the equal protection right implicated here was clearly established at the time Brooks refused to enforce Price-Cornelison’s permanent protective order. … Whether this Fourth Amendment right was clearly established.

Seaman v. Karr

114 Wash. App. 665 · Court of Appeals of Washington · Dec 20, 2002

Clearly Established Law To determine whether a federal right is clearly established, we look first to United States Supreme Court precedent and then to decisions of the controlling Circuit Court of Appeals. … For qualified immunity purposes, “clearly established” means: “[T]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing *681 violates that right.

Parkulo v. West Virginia Board of Probation & Parole

199 W. Va. 161 · West Virginia Supreme Court · Feb 11, 1997

for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

Veneklase v. City of Fargo

78 F.3d 1264 · Court of Appeals for the Eighth Circuit · Apr 24, 1996

immunity and where issue appealed concerned whether or not certain given facts showed violation of "clearly established" law). … officials performing discretionary functions may rely on the defense of qualified immunity to shield them from liability for civil damages unless their conduct violates "clearly established statutory or constitutional rights

Von Derhaar v. Watson

109 F.4th 817 · Court of Appeals for the Fifth Circuit · Jul 30, 2024

“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 … “The second prong of the qualified- immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (quoting Hope v. Pelzer, 536 U.S. 730, 739 (2002)).

(PC) Perez v. Smith

District Court, E.D. California · Oct 4, 2022

Qualified Immunity 20 The defense of qualified immunity protects “government officials ... from liability for 21 civil damages insofar as their conduct does not violate … based on qualified immunity is appropriate.

Davis v. City of Tulsa, Oklahoma

380 F. Supp. 3d 1163 · District Court, N.D. Oklahoma · Mar 31, 2019

Qualified Immunity Sergeant Wollmershauser asserts that he is entitled to qualified immunity. … clearly established under the second prong.

Phillips v. Wiseman

64 O.B.A.J. 2317 · Supreme Court of Oklahoma · Jul 20, 1993

The defendant/Commissioner now seeks a writ of prohibition in this Court based upon the doctrine of qualified immunity. The defendant/State of Oklahoma also claims immunity. … Trimble, 795 P.2d 1035 (Okla.1990) we explained that qualified immunity shields an official from damages insofar as the official’s conduct did not violate any clearly established statutory or constitutional rights of which

Brandon Case v. Officer Beasley

Court of Appeals for the Fourth Circuit · Feb 17, 2026

If the right was not clearly established, then the Officers are entitled to immunity from liability. Id. … We found that the guard was entitled to qualified immunity because there was no clearly established right “to have a correctional officer look into the cell window while conducting a security check—given

Spiller v. Harris County

113 F.4th 573 · Court of Appeals for the Fifth Circuit · Aug 30, 2024

However, unique to the qualified immunity context, “to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.” Id. … Sergeant Lindsay is entitled to qualified immunity on Spiller’s excessive force claim.

Mink v. Knox

566 F. Supp. 2d 1217 · District Court, D. Colorado · Jun 12, 2008

The doctrine of qualified immunity shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law. Elder v. … Whether the application of the Supreme Court’s First Amendment cases to the Colorado criminal libel statute was clearly established under the circumstances of this case The second prong of the qualified immunity inquiry requires

JONATHAN CRUZ VS. THE CAMDEN COUNTY POLICE DEPARTMENT (L-3570-17, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 11, 2021

Dougherty Also Has Qualified Immunity "The affirmative defense of qualified immunity protects government officials from personal liability for discretionary actions taken in the course of their public responsibilities … "[Q]ualified immunity is applicable unless the official's conduct violated a clearly established constitutional right." Lapolla v. Cnty. of Union, 449 N.J. Super. 288, 304 (App. Div. 2017) (quoting Ramos v.

Asociación De Subscripción Conjunta Del Seguro De Responsabilidad Obligatorio v. Flores Galarza

484 F.3d 1 · Court of Appeals for the First Circuit · Mar 1, 2007

Second Prong: Constitutional Right was “Clearly Established” at Time of Violation “The second question [of the qualified immunity analysis] deals with fair warning; it asks whether the law was clearly established at the time … The qualified immunity inquiry recognizes that “[i]t is not always evident at the time an official takes an action that a clearly established right is involved.

Miller v. City of Nederland by and Through Wimer

977 F. Supp. 432 · District Court, E.D. Texas · Sep 8, 1997

To prevail on a qualified immunity defense, the defendant must show that he did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Because Smith and Hamilton have raised the defense of qualified immunity, Miller must show, as a threshold matter, that they violated a clearly established constitutional right.

Bevill v. Wheeler

103 F.4th 363 · Court of Appeals for the Fifth Circuit · May 30, 2024

The doctrine of qualified immunity “shields public officials sued in their individual capacities ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … As noted above, once an official asserts the defense of qualified immunity, the plaintiff must show that “(1) the official violated a statutory or constitutional right, and (2) the right was ‘clearly established’ at the time

Perez v. County of Westchester

83 F. Supp. 2d 435 · District Court, S.D. New York · Feb 16, 2000

Qualified immunity shields government officials from liability for damages stemming from their performance of discretionary official functions “insofar as their conduct does not violate clearly established statutory or constitutional … Indeed, “[u]nless the 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.” Mitchell v.

D.A.R. v. R.E.L.

272 So. 3d 1030 · Supreme Court of Alabama · Sep 7, 2018

This court has recognized the difference between absolute immunity, which defeats a suit at the outset, and qualified immunity, which depends on circumstances and motivations and often must be established by evidence at trial … are not always uniform in deciding whether absolute or qualified immunity applies."

(PC) Reed v. Racklin

District Court, E.D. California · Sep 30, 2019

Qualified Immunity 4 Qualified immunity shields government actors from civil liability under 42 U.S.C. 1983 if 5 “their conduct does not violate clearly established statutory … Prunty, 108 F.3d 251, 14 254-55 (9th Cir. 1997) (in qualified immunity context, finding no clearly established right to be 15 free from feigned karate chops towards inmate’s body, including groin area).