Case law

Harold Wayne Enlow v. Tishomingo County, Mississippi, Jim Wall, in His Individual Capacity

962 F.2d 501 · Court of Appeals for the Fifth Circuit · Aug 6, 1992

Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions in light of clearly established law. Id. at 639 , 107 S.Ct. at 3038 . … s first inquiry — he has also set forth a violation of a clearly established Fourth Amendment right. We now address the second inquiry under Siegert— Wall’s entitlement to his qualified immunity defense.

Auburn Medical Center, Inc. v. Peters

953 F. Supp. 1518 · District Court, M.D. Alabama · Dec 12, 1996

as the plaintiff contends, because the Court finds that Smith is clearly immune from the plaintiffs RICO claim under the doctrine of qualified immunity. 5 Qualified immunity protects government officials performing discretionary … The Hansen Court emphasized that the qualified immunity analysis is fact-specific: “When considering whether the law applicable to certain facts is clearly established, the facts of cases relied upon as precedent are important

John Entler v. Christine Gregoire

872 F.3d 1031 · Court of Appeals for the Ninth Circuit · Oct 6, 2017

The magistrate judge also concluded that, regardless, Defendants were entitled to qualified immunity “because Entler’s rights were not clearly established at the time he was sanctioned.” … There remains the issue of qualified immunity. Appellees would not be entitled to prevail if the constitutional right violated “was clearly established at the time of the challenged conduct.” City of San Francisco v.

Ference v. Township of Hamilton

538 F. Supp. 2d 785 · District Court, D. New Jersey · Feb 6, 2008

The privilege of qualified immunity, however, can be overcome when state officials violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Wright v. … “To be clearly established for pur *799 poses of the qualified immunity analysis, the contours of the right must be sufficiently clear such that a reasonable official would understand that what he is doing violates that right

Michael Gatto, as the Personal Representative of Michael Joseph Gatto v. City of Statesboro

Court of Appeals of Georgia · Oct 21, 2019

The defendants moved for summary judgment on all claims, asserting, inter alia, that the City is entitled to sovereign immunity, that Starling is entitled to qualified or official immunity, and that no act or omission of … The trial court ruled that Starling was entitled to sovereign immunity; the trial court never addressed whether she was entitled to qualified immunity as asserted by the defendants.

Villarreal v. City of Laredo

94 F.4th 374 · Court of Appeals for the Fifth Circuit · Jan 23, 2024

Under the normal standards of qualified immunity, no “clearly established law” placed the officers on notice of Villarreal’s First Amendment right not to be arrested. … Even those who argue for some version of qualified immunity nevertheless disavow the clearly-established- law requirement. See, e.g., Scott Keller, Qualified and Absolute Immunity at Common Law, 73 Stan. L.

Danielle Ex Rel. Komando v. Adriazola

284 F. Supp. 2d 1368 · District Court, S.D. Florida · Sep 4, 2003

However, individual government employees acting within the scope of their official duties enjoy the defense of qualified immunity unless their actions violate “clearly established statutory or constitutional rights of which … Defendants further contend that, even if Plaintiff does state a claim under § 1983, that violation of these state rules was not clearly established, and, therefore, the Defendants are entitled to qualified immunity.

Allen L. Fludd v. United States Secret Service Maurice Daugherty

771 F.2d 549 · Court of Appeals for the D.C. Circuit · Sep 13, 1985

clearly established statutory or constitutional rights of which a reasonable person would have known. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Glenn v. Washington County

661 F.3d 460 · Court of Appeals for the Ninth Circuit · Dec 27, 2011

the right was clearly established at the time of the alleged misconduct. … Smith, 394 F.3d at 703 (reversing district court’s grant of qualified immunity).

Ronald C. Ayersman and Ronald C. "Mackey" Ayersman, Assistant State Fire Marshal v. Tammy S. Wratchford and Michael W. Wratchford and West Virginia State Fire Marshal's Office v. Tammy S. Wratchford and Michael W. Wratchford

West Virginia Supreme Court · May 20, 2022

rights that may be enforced via civil suits, so it cannot be a “clearly established statutory or constitutional right or law,” the violation of which can overcome qualified immunity. … clearly established statutory or constitutional rights or laws . . . or are otherwise fraudulent, malicious, or oppressive[.]”

Shroff v. Spellman

604 F.3d 1179 · Court of Appeals for the Tenth Circuit · May 4, 2010

In deciding whether Officer Spellman is entitled to qualified immunity under the second Saucier requirement.that the law must be clearly established, we must determine whether it would have been clear to a reasonable officer … Shroff had been arrested without probable cause under 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.

Smithson v. Aldrich

235 F.3d 1058 · Court of Appeals for the Eighth Circuit · Dec 21, 2000

clearly established; and (3) raise[d] a genuine issue of fact as to whether the official would have known that his alleged conduct would have violated the plaintiff[s'] clearly established right." … Stated another way, qualified immunity shields a defendant from suit if he or she could have reasonably believed his or her conduct to be lawful "in light of clearly established law and the information [that the defendant

William Darnell v. Col. John H. Ford

903 F.2d 556 · Court of Appeals for the Eighth Circuit · Jun 22, 1990

The court reasoned that this claim was not “clearly established” in the law, and therefore Ford was protected under the doctrine of qualified immunity. The Patrol reinstated Darnell to the rank of Captain. … Whether qualified immunity should be applied in this case depends on whether the law was clearly established at the time the action occurred. The trial court should make this determination.

Evenstad v. Herberg

994 F. Supp. 2d 995 · District Court, D. Minnesota · Jan 10, 2014

A government actor is entitled to qualified immunity if his conduct did not violate “clearly established” law at the time. 6 Defendants argue that the infliction of de minimis injury did not violate clearly established law … Defendants raise qualified immunity as a defense to all of Evenstad’s claims, but as the laws relevant to his other surviving claims were clearly established in 2006 (e.g., the right to be free from retaliation for the exercise

Cassiopia Rhoads v. Erik Riddell

Court of Appeals for the Fourth Circuit · Jul 2, 2026

Thus, if the violation of the Eighth Amendment standard was clearly established in 2019, then Defendants are not entitled to qualified immunity. See Mays v. … Because it was clearly established that the Constitution required Defendants to do something, the Court correctly affirms the denial of qualified immunity.

MILLER v. GOGGIN

District Court, E.D. Pennsylvania · Mar 29, 2024

purposes of qualified immunity.” … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of

Franklin v. Fox

107 F. Supp. 2d 1154 · District Court, N.D. California · Jul 17, 2000

THE QUALIFIED IMMUNITY MOTIONS Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages if “their conduct does not violate clearly established … “Determining whether a public official is entitled to qualified immunity ‘requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Delgado v. Miami-Dade County

456 F. Supp. 2d 1234 · District Court, S.D. Florida · Oct 9, 2006

For a right to be “clearly established” for qualified immunity purposes, previous case law must have developed it in a concrete factual context so as to make it obvious to a reasonable government actor that his actions violate … The Court finds that Officer David Riley is entitled to qualified immunity.

Youngs v. Fusaro

179 F. Supp. 3d 198 · District Court, D. Connecticut · Mar 31, 2016

Qualified Immunity Defendants assert, as a defense to both of Plaintiffs Fourth Amendment and Fourteenth Amendment claims, that they are shielded from the lawsuit by the doctrine of qualified immunity. … “Qualified immunity shields government officials whose conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Martel v.