Case law

West Virginia Regional Jail & Correctional Facility Authority v. A.B.

234 W. Va. 492 · West Virginia Supreme Court · Oct 31, 2014

Va.Code, 29-12A-1 et seq. is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … official’s personal, qualified immunity for discretionary judgments and functions which are neither in violation of a “clearly established law” nor “fraudulent, malicious, or otherwise oppressive.”

Francisco v. Long

132 F.3d 42 · Court of Appeals for the First Circuit · Dec 31, 1997

Fitzgerald, 457 U.S. 800, 818 (1982) (establishing the qualified immunity defense). … In other words, once the qualified immunity defense is raised, the plaintiff has the burden of identifying a clearly established right, of which a reasonable person would have known, and alleging facts showing the defendant

Green v. Newport

868 F.3d 629 · Court of Appeals for the Seventh Circuit · Aug 22, 2017

Qualified Immunity Framework “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … Green has failed to meet the burden of establishing that the frisk violated clearly established law, and we find that Officer Newport is entitled to qualified immunity regarding the frisk. II.

Pratt v. State of NH

Court of Appeals for the First Circuit · May 6, 1994

established law." … Fitzgerald, 457 U.S. 800, 818 (1982) (qualified ______ __________ immunity extends to conduct which "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known").

Kenneth Bailey v. Shawn T. Swindell

89 F.4th 1324 · Court of Appeals for the Eleventh Circuit · Jan 8, 2024

In Bailey I, the district court granted summary judgment in favor of Swindell on qualified immunity grounds. … Because the law on this question is clearly established and gave Swindell fair warning that his treatment of Bailey was uncon- stitutional, Swindell was not entitled to qualified immunity and the district

Thompson v. City of Monticello, Ark.

894 F.3d 993 · Court of Appeals for the Eighth Circuit · Jul 6, 2018

“Qualified immunity shields government officials from liability in a § 1983 action unless their conduct violates a clearly established right of which a reasonable official would have known.” Id. … “A clearly established right is one that is ‘sufficiently clear that every reasonable official 2 The district court did not reach the second-prong of the qualified immunity analysis, finding that it was “

Dennis Goddard and Bonnie Goddard v. Pete Urrea, Gene Ford

847 F.2d 765 · Court of Appeals for the Eleventh Circuit · Jun 20, 1988

In this case, the first inquiry is whether the Goddards have adequately alleged a violation of a clearly established right thereby warranting denial of summary judgment on immunity grounds. … The factual allegations in this case clearly establish a factual dispute which impacts on the reasonableness of the agents’ conduct.

Jewett v. Anders

521 F.3d 818 · Court of Appeals for the Seventh Circuit · Apr 11, 2008

a given set of facts demonstrates a violation of clearly established constitutional law. … right; (2) whether that constitutional right was clearly established at the time of the alleged violation.

Blake Stewardson v. Cameron Biggs

43 F.4th 732 · Court of Appeals for the Seventh Circuit · Aug 5, 2022

The court explained that “it is clearly established that officers have a duty to intervene when a realistic opportunity would prevent use of excessive force on handcuffed individuals, individuals who are not or have stopped … It is clearly established that “[a]n officer who is present and fails to intervene to prevent other law enforce- ment officers from infringing the constitutional rights of citi- zens is liable under § 1983 if that officer

Francisco Jose Rivero Pacific Internment Services, a California Corporation v. City and County of San Francisco, and Joseph Surdyka Boyd Stephens

316 F.3d 857 · Court of Appeals for the Ninth Circuit · Dec 20, 2002

Valuable Governmental Benefit Government officials are entitled to qualified immunity only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … That is, they argue that it was not “clearly established” that the outcome of the Pickering balancing test favored Rivero.

Jonathan Rogers v. M. L. Pendleton, Officer M. G. Vinyard, Officer

249 F.3d 279 · Court of Appeals for the Fourth Circuit · May 4, 2001

While a consensus- of cases of persuasive authority may clearly establish a right for qualified *288 immunity purposes, the inverse is also true: if there are no cases of controlling authority in the jurisdiction in question … , and if other appellate federal courts have split on the question of whether an asserted right exists, the right cannot be clearly established for qualified immunity purposes.

In re: Allen v.

Court of Appeals for the Fourth Circuit · Aug 8, 1997

clearly established federal rights . … qualified immunity is lost if an official violates clearly established state law.

Theresa St. George v. Pinellas County

285 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Mar 21, 2002

The motion to dismiss will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” Id. (citing Williams v. Ala. State Univ., 102 F.3d 1179, 1182 (11th Cir. 1997)). … George by Mitchell, June 23, 1997, the law was clearly established that an excessive force claim against a police officer must 6 be analyzed under the Fourth Amendment and its

Tina Ray v. Michael Roane

93 F.4th 651 · Court of Appeals for the Fourth Circuit · Feb 22, 2024

We turned then to the question of qualified immunity. … As we explained in Ray, a government official who violates the Constitution might nonetheless be shielded from liability under the second prong of the qualified immunity analysis if “clearly established

Paul L. Gabbert v. David Conn Carol Najera Leslie Zoeller Elliot Oppenheim

131 F.3d 793 · Court of Appeals for the Ninth Circuit · Dec 8, 1997

Qualified Immunity Alternatively, Conn and Najera claim they are entitled to qualified immunity. … The final step in a qualified immunity analysis is whether a reasonable official could have believed the conduct at issue was lawful under that clearly' established law. See Mendoza, 27 F.3d at 1362 .

Charles Wade v. Gordon Lewis

13 F.4th 1217 · Court of Appeals for the Eleventh Circuit · Sep 17, 2021

Thus, he contends that the law was not clearly established, and the district court erred in denying him qualified immunity. … In reversing the district court’s denial of qualified immunity and analyzing whether there was clearly established law, we distinguished Aldridge.

Jenness v. Nickerson

637 A.2d 1152 · Supreme Judicial Court of Maine · Feb 15, 1994

The Officers here violated no clearly-established rights. … The Officers violated no “clearly established” rights.

Morales v. CITY OF OKL. CITY EX REL. OKL. CITY POLICE DEPT.

230 P.3d 869 · Supreme Court of Oklahoma · Feb 9, 2010

City of Oklahoma City, 21 in which we said, *876 “To construe § 155(4) as providing blanket immunity to political subdivisions for any claim arising from law enforcement would not conform to established precedent. … This much stands clearly recognized in the state’s criminal law.

Buffington v. Baltimore County

913 F.2d 113 · Court of Appeals for the Fourth Circuit · Jul 31, 1990

qualified immunity because their conduct did not violate clearly established constitutional law of which a reasonable officer would have known. … The Buffingtons understandably did not think that the individual defendants had raised the distinct contention that they were entitled to qualified immunity because their conduct did not violate clearly established constitutional

Cybernet, LLC v. Jonathan David

954 F.3d 162 · Court of Appeals for the Fourth Circuit · Mar 24, 2020

This standard works in harmony with the law of qualified immunity, which shields government officials “from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights … Specifically, to defeat a qualified immunity defense, a plaintiff must show that “(1) the defendant violated the plaintiff’s constitutional rights, and (2) the right in question was clearly established at the time of the