Case law

Meyers v. Redwood City

400 F.3d 765 · Court of Appeals for the Ninth Circuit · Mar 10, 2005

Defendants claim that they did not violate the Plaintiffs' constitutional rights and, in the alternative, that those rights were not clearly established and Defendants have qualified immunity from suit. … B 29 Even if we thought that the officers crossed a line established by Harris , the officers are surely entitled to qualified immunity because they could not have known that they were violating the Plaintiffs'"clearly established

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

Computer Sciences Corp. v. Ibarra

685 F. Supp. 748 · District Court, D. Colorado · Apr 27, 1988

Under the doctrine of qualified immunity, “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … When the affirmative defense of qualified immunity is raised, the plaintiff has the burden of convincing the court that its federal constitutional or statutory rights were clearly established at the time of the questioned

Dms Imaging, Inc. v. United States

123 Fed. Cl. 645 · United States Court of Federal Claims · Oct 27, 2015

“If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Ace-Federal Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed. Cir. 2000) (quoting Locke v. … The frustration of purpose doctrine is clearly inapplicable here.

Jackson v. Long

102 F.3d 722 · Court of Appeals for the Fourth Circuit · Dec 17, 1996

issue whether the federal right allegedly infringed was `clearly established.'" … This contention raises the legal questions of whether Sheriff Long violated any clearly established constitutional rights of plaintiffs in responding to the inmate's complaint against them and, if the law clearly established

Larry J. Leaf, Individually and as Personal Representative of the Estate of John P. Leaf, Deceased, Martha A. Leaf, John P. Leaf v. Ronald Shelnutt

400 F.3d 1070 · Court of Appeals for the Seventh Circuit · Mar 18, 2005

of one ‘clearly established’ right .... ”); see also International Action Center v. … We note that, even if we had found that the Fourth Amendment forbade the search at issue here, Deputy Shelnutt still would be entitled to qualified immunity, because it is not clearly established that such a sweep violates

Cornelius v. La Croix

631 F. Supp. 610 · District Court, E.D. Wisconsin · Apr 3, 1986

Qualified Immunity David La Croix asserts that as a matter of law he is entitled to qualified immunity from the damages awarded against him in this case. Mr. … Under the doctrine of qualified immunity as it now stands, the issue is whether the challenged conduct violated clearly established constitutional or statutory rights of which a reasonable person would have known.

Hynson v. City of Chester, Legal Department

864 F.2d 1026 · Court of Appeals for the Third Circuit · Dec 23, 1988

This is the essence of the constitutional right which the plaintiffs must show was clearly established at the time of the alleged violation in order to negate the police officers' qualified immunity. B. … know, we first addressed the nature of the right claimed before determining whether it was clearly established at the time of the conduct. 26 The reference to clearly established rights in Harlow and Stoneking means more

Eichler v. Sherbin

283 F. App'x 528 · Court of Appeals for the Ninth Circuit · Jun 23, 2008

We have jurisdiction under 28 U.S.C. § 1291 , 1 and we affirm in part, vacate in part, and remand for further consideration of whether the constitutional right at issue was clearly established for qualified immunity purposes … “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Id.

Nicole M. Ex Rel. Jacqueline M. v. Martinez Unified School District

964 F. Supp. 1369 · District Court, N.D. California · Apr 15, 1997

Analysis of Qualified Immunity Defense 1. Whether the Law at the Time of Guzman’s Alleged Acts and Omissions Was Clearly Established a. … The investigator asserted a qualified immunity defense, maintaining that the law did not clearly establish that his actions violated Eastwood’s right to privacy.

Dube v. State University of New York

900 F.2d 587 · Court of Appeals for the Second Circuit · Apr 12, 1990

Dube’s file and the standards applicable at Stony Brook and in light of clearly established law” ... is not an answer to Dr. Dube’s claim. Summary judgment is therefore denied based on the qualified immunity defense. … Analysis It is well established that qualified immunity shields government officials performing discretionary functions from civil damages liability “insofar as their conduct does not violate clearly established statutory

Hyburnia Husband v. Charles Bryan and Larry Saurage

946 F.2d 27 · Court of Appeals for the Fifth Circuit · Oct 28, 1991

Violation of Clearly Established Law “The doctrine of qualified immunity shields a police officer from liability for civil damages when a reasonable officer could have believed that the challenged conduct did not violate … clearly established statutory or constitutional rights.”

Peelman v. Delaware Joint Vocational School District Board of Education

763 F. Supp. 268 · District Court, S.D. Ohio · May 3, 1991

Fitzgerald involved the application and scope of the qualified immunity of federal executive officials arising under federal law, some questioned the applicability of the Harlow decision to a defense of qualified immunity … Therefore, because the same facts which would establish the validity of the plaintiff’s claim under § 1983, would serve to deny the defendants the protection afforded by the doctrine of qualified immunity, the defendants

Hodge v. Village of Southampton

838 F. Supp. 2d 67 · District Court, E.D. New York · Jan 20, 2012

Qualified Immunity Defendant Hunsucker argues, in the alternative, that he is entitled to qualified immunity with respect to the excessive force claim. … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir. 2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them

William G. Moore, Jr. v. Joseph B. Valder

65 F.3d 189 · Court of Appeals for the D.C. Circuit · Jan 23, 1996

Furthermore, it has not been clearly established that malicious prosecution violates any constitutional or statutory right. 11 Accord *196 ingly, the postal inspectors’ qualified immunity defeats Moore’s malicious prosecution … Qualified immunity protects a government official who performs discretionary functions from liability for civil damages if he can show that his actions did not violate "clearly established statutory or constitutional rights

Demoret v. Zegarelli

451 F.3d 140 · Court of Appeals for the Second Circuit · Jun 8, 2006

I Qualified Immunity Qualified immunity protects government officials from civil liability when performing discretionary duties “insofar as their conduct does not violate clearly established statutory or constitutional rights … clearly established law.

Stinebaugh v. City of Wapakoneta

630 F. App'x 522 · Court of Appeals for the Sixth Circuit · Nov 10, 2015

Thus, Stinebaugh established the first prong of the qualified immunity analysis — that his First Amendment rights were violated. See City of Elyria, 502 F.3d at 491 . B. Clearly Established Law. … “To determine whether a right was clearly established for purposes of qualified immunity, this court look[s] first to decisions of the Supreme Court, then to decisions of this court and other courts within our circuit, and

Tasker v. Moore

738 F. Supp. 1005 · District Court, S.D. West Virginia · Mar 30, 1990

Thus, the threshold question to be answered by a court presented with a defense of qualified immunity is whether the law was “clearly established” at the time the action complained of was taken. … action is a violation) violates a clearly established right.

Julie Peffer v. Mike Stephens

880 F.3d 256 · Court of Appeals for the Sixth Circuit · Jan 17, 2018

That is because we are convinced that there was no clearly established constitutional violation and therefore qualified immunity applies. … Because there was no constitutional violation, we need not address the second step of the qualified-immunity analysis, whether the law 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.