Case law

Emmanuel v. King County

District Court, W.D. Washington · Aug 21, 2020

Homchick’s failure to identify a protected liberty or property interest or an abuse of process also entitles Defendants to qualified immunity. See Pearson v. … point to facts that support a violation of a clearly established constitutional right) 22 (discussing Saucier v.

Gonzalez v. City of Phoenix

Court of Appeals for the Ninth Circuit · Jan 8, 2026

Under the second prong of the qualified immunity analysis, we examine whether the officers’ constitutional violation was clearly established. … So the clearly established prong of qualified immunity must be analyzed officer by officer. The Ninth Circuit has struggled to apply clearly established law properly in the past. See Kisela v.

Mullins v. Crouch

391 F. Supp. 2d 457 · District Court, N.D. Texas · Apr 28, 2005

Qualified Immunity In this case, Crouch seeks judgment on the pleadings on the basis that he is entitled to qualified immunity. … Public officials performing discretionary functions enjoy immunity from suits for damages, provided their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Smith v. Plati

56 F. Supp. 2d 1195 · District Court, D. Colorado · Jul 22, 1999

law was clearly established when the alleged violation occurred.” … right was clearly established at the time of the alleged violation.”

Matthew Livers v. Tim Dunning

700 F.3d 340 · Court of Appeals for the Eighth Circuit · Nov 8, 2012

DISCUSSION Appellants are entitled to qualified immunity unless (1) they violated a federal constitutional or statutory right belonging to Livers or Sampson (2) that was clearly established at the time of the violation … Appellants are entitled to qualified immunity on Livers’ failure-to- intervene claim. G.

Pahk v. Hawaii

109 F. Supp. 2d 1262 · District Court, D. Hawaii · Jul 25, 2000

On the section 1983 claims (Counts V, VI, and VII), qualified immunity bars claims against state officials in their individual capacities if their conduct did not violate clearly established federal statutory or constitutional … The plaintiff bears the burden of proof that the right allegedly violated was clearly established at the time of the alleged misconduct.

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.”).

JL ex rel. Thompson v. New Mexico Department of Health

165 F. Supp. 3d 996 · District Court, D. New Mexico · Sep 30, 2015

Defendants’ assertion of qualified immunity. … Defendants maintain that they are shielded by qualified immunity from these claims because Plaintiffs fail either to allege facts that establish actual injury or to show that the right of court access was clearly established

Kennedy Ex Rel. Gorton v. City of Ridgefield

439 F.3d 1055 · Court of Appeals for the Ninth Circuit · Mar 6, 2006

immunity, and the issue appealed concerns whether the facts demonstrated a violation of clearly established law. … Southwest Airlines, 124 F.3d 1103,1107 (9th Cir.1997) (“[W]e have jurisdiction over an interlocutory appeal from the denial of qualified immunity where the appeal focuses on whether the defendants violated a clearly established

Fanning v. Montgomery County Children & Youth Services

702 F. Supp. 1184 · District Court, E.D. Pennsylvania · Dec 29, 1988

Mason argues that he violated no clearly established right of the plaintiffs, and is therefore free from liability even under the less protective cloak of qualified immunity. … Qualified Immunity The remaining question with respect to Mr. Mason is whether the plaintiffs have alleged a violation of a clearly established right of which Mr. Mason should have been aware.

Lombard v. Edward J. Peters, Jr., P.C.

252 Conn. 623 · Supreme Court of Connecticut · Apr 4, 2000

Peters, Jr., P.C., 1 to strike the first count of the plaintiffs’ complaint on the ground of qualified immunity. … This appeal followed. 3 “In an appeal from a judgment granting a motion to strike, we operate in accordance with well established rules.

Brown v. St. Landry Parish Sheriff's Dept

298 F. Supp. 3d 879 · District Court, W.D. Louisiana · Mar 21, 2018

, not only from suit, but from "liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." 31 Qualified immunity … The second prong of the qualified-immunity analysis asks whether the right in question was "clearly established" at the time of the violation.

Bradway v. Gonzales

26 F.3d 313 · Court of Appeals for the Second Circuit · Jun 10, 1994

The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … As noted above, the Supreme Court had not clearly established inadvertence as a necessary element of a lawful plain view seizure.

Lee v. Sandberg

136 F.3d 94 · Court of Appeals for the Second Circuit · Dec 19, 1997

Even if a clearly established statutory or constitutional right is violated, qualified immunity is nonetheless a defense if the officers’ unlawful actions were objectively reasonable “as measured by reference to clearly established … Therefore, the State Troopers are not entitled to summary judgment under the “clearly established right” prong of the qualified immunity standard.

Gregory Yancey v. Carroll County, Ky.

876 F.2d 1238 · Court of Appeals for the Sixth Circuit · Jun 27, 1989

A court may dismiss a 42 U.S.C. § 1983 action against government officials on summary judgment if the undisputed facts show that “defendants’ conduct, as a matter of law, did not violate clearly established constitutional … Therefore, the district court was correct in holding that as a matter of law, these defendants’ conduct had not violated “clearly established constitutional rights.”

Couser v. Somers

District Court, D. Kansas · Jul 1, 2019

Servs., 436 U.S. 658, 694–95 (1978) (establishing standard under § 1983 for when a municipality may be held liable for the unconstitutional acts of its employee(s)). A. … Gilley, 500 U.S. 226, 232 (1991) (“One of the purposes of immunity, absolute or qualified, is to spare a defendant not only unwarranted liability, but unwarranted demands customarily imposed upon those defending

Monroe v. Arkansas State University

495 F.3d 591 · Court of Appeals for the Eighth Circuit · Jul 26, 2007

qualified immunity and direct dismissal of the action. … Although the defendant bears the burden of proof for this affirmative defense, the plaintiff must demonstrate that the law was clearly established. Sparr, 306 F.3d at 593 .

Herman Runge v. David Dove, Henry Kosters, in Their Individual and Official Capacities and the Douglas School District 51-1

857 F.2d 469 · Court of Appeals for the Eighth Circuit · Sep 19, 1988

Finally, qualified immunity is conceptually distinct from the merits of the suit because it addresses a question of law: whether the law clearly established the impermissibility of the defendant’s actions at the time they … Qualified Immunity Dove and Kosters claim that, as a legal matter, they are entitled to qualified immunity. Qualified immunity protects government officials from unsubstantial suits and harassing litigation, Harlow v.

Torcasio v. Murray

862 F. Supp. 1482 · District Court, E.D. Virginia · Sep 14, 1994

Qualified Immunity Qualified immunity insulates government officials from civil damages liability when the officials’ actions do not “violate clearly established statutory or constitutional rights of which a reasonable person … Evaluating a defense of qualified immunity involves three discrete determinations: (1) identification of the specific right allegedly violated; (2) determination of whether the right was so clearly established as to put a

Fennell v. Gilstrap

559 F.3d 1212 · Court of Appeals for the Eleventh Circuit · Feb 27, 2009

The court then examined whether Gilstrap’s actions violated clearly established law. (Id. at 33.) … in violation of clearly established law.