Case law

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.

Jerome Williams v. Jon Ozmint

716 F.3d 801 · Court of Appeals for the Fourth Circuit · May 15, 2013

Qualified immunity extends to protect officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry, 652 F.3d at 531 . … A qualified immunity inquiry involves two steps.

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

Edwards v. Jolliff-Blake

907 F.3d 1052 · Court of Appeals for the Seventh Circuit · Nov 1, 2018

right was clearly established at the time of the alleged violation." … We conduct this inquiry against the backdrop of the Supreme Court's repeated (and recent) reminders "not to define clearly established law at a high level of generality" and with the understanding that qualified immunity

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.

B.R. v. W. Va. Dept. of Health and Human Resources, etc.

West Virginia Supreme Court · May 14, 2018

Accordingly, we agree with the circuit court’s finding that “[p]leading simple negligence, without a violation of a clearly established right, is insufficient to overcome qualified immunity.” … [the West Virginia Governmental Tort Claims and Insurance Reform Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established

Louisiana Farms v. LA. Dept. of Wildlife

685 So. 2d 1086 · Louisiana Court of Appeal · Oct 9, 1996

Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Applying the foregoing principles to our qualified immunity analysis, the first question becomes whether the DWF officers' conduct in constructively seizing the Bartmess' entire farming operation violated "clearly established

Smith v. Township of Prairieville

194 F. Supp. 3d 658 · District Court, W.D. Michigan · Jul 11, 2016

Accordingly, no constitutional violation occurred, and the officers are entitled to qualified immunity for this claim. 2. The right was not clearly established. … Clearly Established Right Detective Gustafson also argues that he is entitled to qualified immunity “because it was not clearly established in this particular context that opéning a utensil drawer during a consensual search

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.

Cooney v. White

845 P.2d 353 · Wyoming Supreme Court · Dec 31, 1992

The United States Supreme Court has firmly established that qualified immunity provides adequate protection for many of the duties required of a prosecutor. … In setting forth the appropriate test for qualified immunity, the court in Schrob, 948 F.2d at 1420-21 (footnote omitted) stated: [The prosecutor] will be shielded from liability of his "conduct does not violate clearly established

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

Blankenship v. Warren County, Va.

918 F. Supp. 970 · District Court, W.D. Virginia · Mar 19, 1996

The doctrine of qualified immunity shields officials who perform discretionary functions “from civil liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … “Under Harlow , therefore, the focus of an inquiry into a defendant’s qualified immunity is ordinarily the ‘objective reasonableness’ of the official’s discretionary conduct as measured by reference to clearly established

Brady v. Dill

24 F. Supp. 2d 129 · District Court, D. Massachusetts · Oct 16, 1998

Qualified Immunity There are two parts to any qualified immunity analysis. First, it must be determined whether the right asserted by the plaintiffs was “clearly established” at the time of the alleged violation. … The reason cited was that “the focus in the usual Fourth Amendment qualified immunity analysis is not whether it is 'clearly established' that an unreasonable search and seizure would violate the Constitution but rather whether

Elder v. Holloway

751 F. Supp. 858 · District Court, D. Idaho · Nov 21, 1990

another’s ... clearly established constitutional rights?” … Qualified immunity. This court’s analysis on whether or not there was a valid arrest under the circumstances in this case controls the out *866 come on the issue of qualified immunity.

Cortez v. McCauley

478 F.3d 1108 · Court of Appeals for the Tenth Circuit · Feb 19, 2007

permissible (violates clearly established law). … We held that, for purposes of qualified immunity, the plaintiff had not shown the violation of a clearly established right, given a lack of evidence of physical injury or “apparent physical damage to the plaintiff's wrists

Hambric v. Twilley

District Court, N.D. Alabama · Jan 25, 2024

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of … Because Plaintiff’s allegations fail to show that Sheriff Smith violated clearly established law, he is entitled to qualified immunity. Mitchell, 472 U.S. at 525. IV.

Vernon v. Deramus

District Court, N.D. Alabama · Dec 9, 2024

Defendants contend that they are entitled to qualified immunity because a single incident cannot establish a pattern or practice and Plaintiffs have not shown a violation of a clearly established right. … Dicta is particularly unhelpful in qualified immunity cases where we seek to identify clearly established law.”).

Branch v. Tunnell

937 F.2d 1382 · Court of Appeals for the Ninth Circuit · Jun 27, 1991

On October 3, 1988, Tunnell moved to dismiss Branch’s suit on grounds of qualified immunity, arguing that under the objective qualified immunity standard established by the Supreme Court in Harlow v. … Because a defendant's entitlement to qualified immunity in a Bivens or § 1983 action alleging judicial deception turns on the ability of the plaintiff to establish that the defendant knowingly or recklessly misled the magistrate

Martinez v. New York City Tr. Auth.

2022 NY Slip Op 00252 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2022

At the same time, we find that the TA was not entitled to pretrial dismissal of the complaint on the basis of qualified immunity. … In that case, the Court of Appeals emphasized that a governmental body claiming qualified immunity based on its having studied a particular condition alleged to have caused injury must establish that the study was indeed