Case law

Frank D. Unger and Sherri J. Unger v. Susan Pierce

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

Pierce were in violation of a clearly established constitutional right, nor were they fraudulent, malicious, or oppressive. … Code, 29-12A-1, et seq. is 3  entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established

Flores v. City of Palacios

381 F.3d 391 · Court of Appeals for the Fifth Circuit · Aug 10, 2004

STEP TWO: OBJECTIVE REASONABLENESS IN LIGHT OF CLEARLY ESTABLISHED LAW For a right to be clearly established under the second step of the qualified immunity analysis, “[t]he contours of … the qualified immunity analysis.

Eckmann v. Board of Education of Hawthorn School District No. 17

636 F. Supp. 1214 · District Court, N.D. Illinois · May 19, 1986

Having at least arguably violated a clearly established constitutional right of plaintiff, the Board members lose the benefits of a qualified immunity — “immunity from suit” — and are forced to proceed to trial to test the … Qualified immunity protects government officials only in cases where it cannot be said that their actions violated rights clearly established at the time that they acted.

Charfauros v. Board of Elections

5 N. Mar. I. 188 · Supreme Court of The Commonwealth of The Northern Mariana Islands · Nov 27, 1998

The members of the Board of Elections, acting in their individual capacities, asserted qualified immunity. 7 The court held that “the procedure for resolving voter challenges was not ‘clearly established’ at the time the … immunity because the process for disqualifying voters was not sufficiently or clearly established at the time the hearings were held.

Randy James Barber, Administrator of the Estate of Kenneth Robert Barber, Deceased v. City of Salem, Ohio

953 F.2d 232 · Court of Appeals for the Sixth Circuit · Jan 7, 1992

Because there was no clearly established right to a suicide prevention facility for pretrial detainees, the police officers were entitled to qualified immunity. … In reaching our decision regarding the police officers’ qualified immunity in Da-nese, we considered the law clearly established at the time of the decedent’s suicide.

Rettele v. Los Angeles County

186 F. App'x 765 · Court of Appeals for the Ninth Circuit · Jun 21, 2006

Having determined that Plaintiffs’ factual allegations, if true, may establish a constitutional violation, we turn our attention to whether the law was clearly established, such that a reasonable officer would have known … to qualified immunity at the summary judgment stage.

Harrington v. City of Council Bluffs, Iowa

678 F.3d 676 · Court of Appeals for the Eighth Circuit · Apr 30, 2012

In 2007, the district court found the officers were entitled to qualified immunity regarding their failure to disclose exculpatory evidence because any failure did not violate a right that was clearly established when the … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff[s], however, must demonstrate that the law is clearly established.” Sparr v.

Rashied Goodwin v. Edward Conway

836 F.3d 321 · Court of Appeals for the Third Circuit · Sep 12, 2016

The detectives moved for summary judgment and asserted a qualified immunity defense. … Public officials are entitled to qualified immunity unless their conduct violated a clearly established constitutional right.17 Thus, to resolve a claim of qualified immunity, courts engage in a two-pronged inquiry: (1) whether

Rivas v. Martin

781 F. Supp. 2d 775 · District Court, N.D. Indiana · Mar 18, 2011

Second, they argue that they are entitled to qualified immunity because their actions did not violate any of Rivas’ clearly established statutory or constitutional rights. (Id. at 6.) … Thus, because the allegations state that defendants violated Rivas’ clearly established constitutional rights, defendants cannot be granted qualified immunity at the motion to dismiss stage.

Bradway v. Gonzales

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

Piesco, 12 F.3d at 343 . 27 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 … As noted above, the Supreme Court had not clearly established inadvertence as a necessary element of a lawful plain view seizure.

Francis Brauner v. Shirley Coody

793 F.3d 493 · Court of Appeals for the Fifth Circuit · Jul 17, 2015

Denying qualified immunity implies both “that a certain course of conduct would . . . be objectively unreasonable in light of clearly established law” and “that a genuine issue of fact exists regarding whether the defendant … To determine that an official is not entitled to qualified immunity, the court must find that every reasonable officer would have understood that the alleged conduct violated a clearly established constitutional right.

Heggs v. Grant

73 F.3d 317 · Court of Appeals for the Eleventh Circuit · Jan 22, 1996

On the appeal of a nonfinal order denying qualified immunity, we have jurisdiction under the collateral order doctrine to decide whether the conduct complained of violated "clearly established statutory or … No clearly established law required him to take further measures to protect her.

BARLOW EX REL. MONCEBAIZ v. Owens

400 F. Supp. 2d 980 · District Court, S.D. Texas · Jul 22, 2005

Defendants assert that they are entitled to qualified immunity because Plaintiff has not shown a violation of a constitutional right and because Defendants’ actions were objectively reasonable in light of clearly-established … Conclusions Because Defendants’ actions in investigating the neighbor’s report, detaining Moncebaiz, and then arresting him were not unreasonable in light of clearly established law, Defendants are entitled to qualified immunity

Schwartz v. Pridy

874 F. Supp. 256 · District Court, E.D. Missouri · Jan 18, 1995

Government officials performing discretionary functions are provided with qualified immunity from a civil rights damages action if their challenged conduct does not “violate clearly established statutory or constitutional … The second prong of the qualified immunity analysis requires a determination of whether the constitutional right in question was “clearly established.” Id.

Haidon v. Bloomfield

District Court, D. Connecticut · Aug 29, 2024

“Qualified immunity protects officials from damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or if it was objectively … “Qualified immunity protects officials from damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” or, when a clearly established

Jeffrey Swiecicki v. Jose Delgado

463 F.3d 489 · Court of Appeals for the Sixth Circuit · Sep 15, 2006

The law of qualified immunity We will “review the denial of summary judgment on grounds of qualified immunity de novo because application of this doctrine is a question of law.” McCloud v. … Swiecicki’s First Amendment right to free speech was thus clearly established at the time of Delgado’s actions in question. We therefore reverse the grant of qualified immunity awarded to Delgado on this issue. b.

Gustafson v. Thomas

75 F. Supp. 3d 876 · District Court, N.D. Illinois · Dec 16, 2014

City of Chic., 865 F.2d 827 , 846 (7th Cir. 1989) (examining only cases decided before the events at issue in analyzing how clearly established the law was for qualified immunity). … Whatever the implications of potential violations of Illinois law, these alleged violations have no bearing on whether the law was clearly established for qualified immunity purposes. .

John S. Pleasant v. Larry Lovell, Larry Hyatt, Vernon Pixley, Kenneth Batson and Tim Fortune

876 F.2d 787 · Court of Appeals for the Tenth Circuit · Jun 6, 1989

Defendant Fortune has qualified immunity for his technical consensual monitoring assistance; no clearly established first or fourth amendment right was violated. … After applying clearly established fourth amendment principles, we reject the contention that these defendants are entitled to qualified immunity.

Musso-Escude v. Edwards

101 Wash. App. 560 · Court of Appeals of Washington · Jul 17, 2000

is alleged. 22 Qualified immunity protects an official only for those acts done in good faith. 23 In general, executive branch officials are afforded qualified immunity. 24 *569 Where a state actor claims immunity against … Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct “does not violate clearly established statutory or

Peterson v. North Dakota ex rel. North Dakota University System

240 F. Supp. 2d 1055 · District Court, D. North Dakota · Jan 3, 2003

Qualified Immunity Qualified immunity shields state officials from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In other words, the qualified immunity defense fails if the official violates a clearly established constitutional or statutory right of which a reasonable person would have known.