Case law

Gary Jacobsen v. Michael Klinefelter

992 F.3d 717 · Court of Appeals for the Eighth Circuit · Mar 30, 2021

The court concluded that Klinefelter did not violate a clearly established right of Jacobsen’s under the Fourth Amendment and was therefore entitled to qualified immunity on the excessive force claim. … To overcome a defense of qualified immunity, Jacobsen must show that the evidence would support a finding that Klinefelter violated Jacobsen’s rights under the Fourth Amendment, and that the right was clearly established

Pasqualone v. Gately

422 Mass. 398 · Massachusetts Supreme Judicial Court · Apr 5, 1996

As the Supreme Court stated in *403 Anderson, supra at 639 , “[pjlaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by … Although we have no doubt that Gately violated Pasqualone’s clearly established constitutional rights, we must acknowledge that this case exposes a gap in our law.

Barbosa v. Conlon

962 F. Supp. 2d 316 · District Court, D. Massachusetts · Jun 10, 2013

Qualifíed Immunity — In General “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as then-conduct does not violate clearly established statutory or constitutional … “[T]he second, ‘clearly established’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado v. Fontanes, 568 F.3d 263, 269 (1st Cir.2009).

Maltby v. Winston

36 F.3d 548 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

Inspector Winston’s Qualified Immunity We begin our evaluation of the qualified immunity issue by setting forth Mr. Maltb/s allegations against Inspector Winston. In his complaint, Mr. … City of Milwaukee, 17 F.3d 944, 951 (7th Cir.1994) ("The plaintiff bears the burden of establishing the existence of a clearly established constitutional right.”); Apostol v.

Rehberg v. Paulk

611 F.3d 828 · Court of Appeals for the Eleventh Circuit · Mar 11, 2010

Qualified Immunity Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any “clearly established statutory … immunity because Rehberg’s right to be free from a retaliatory investigation is not clearly established.

Charlene Bush, Wife John Bush, Husband v. David Rauch D. Brad Campbell, Individually and Officially

38 F.3d 842 · Court of Appeals for the Sixth Circuit · Oct 26, 1994

Government officials are generally entitled to qualified immunity and are protected from civil damages so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In the instant case, Campbell is at the least entitled to qualified immunity. The Bushes have not affirmatively articulated, nor does the record indicate, any clearly established right allegedly violated by Campbell.

Lorenzo Fernandez v. Gregorio Perez

937 F.2d 368 · Court of Appeals for the Seventh Circuit · Jul 19, 1991

Fernandez contends the law at the time of the arrest was clearly-established that probable cause to arrest him was lacking. … Thus, Officer Perez acted reasonably in arresting and detaining him and enjoys qualified immunity for the arrest and imprisonment of the plaintiff.

Stadt v. University of Rochester

921 F. Supp. 1023 · District Court, W.D. New York · Apr 15, 1996

The Defendant is not Entitled to Qualified Immunity. … Ordinarily, government officials sued in their individual capacities are' entitled to qualified immunity from suit for damages so long as their actions do not violate “clearly established constitutional or statutory rights

Estate of Bryant by Bryant v. Buchanan

883 F. Supp. 1222 · District Court, S.D. Indiana · Apr 27, 1995

QUALIFIED IMMUNITY Police officers who use force in making an arrest are entitled to qualified immunity from suits for damages under 42 U.S.C. § 1983 “insofar as their conduct does not violate clearly established statutory … Were the Constitutional Standards Clearly Established? Plaintiff bears the burden of establishing the existence of a clearly established constitutional right. Kernats, 35 F.3d at 1176.

David Powell v. Jerry L. Gallentine Robert C. Martin Maria Elvira Rodriguez Richard C. Kauzlaric, Western New Mexico University Board of Regents

992 F.2d 1088 · Court of Appeals for the Tenth Circuit · Aug 30, 1993

We have previously set out the procedure for analyzing a claim of qualified immunity: First, the defendant must raise the defense of qualified immunity. … official violated the clearly established law.

William Manery v. Jason Lee

Court of Appeals for the Seventh Circuit · Jan 7, 2025

An official will be protected by qualified immunity “un- less the plaintiff shows: ‘(1) that the official violated a statu- tory or constitutional right, and (2) that the right was “clearly established” at the time of the … It was not clearly established that Lieutenant Lee’s use of deadly force was unreasonable, and, accordingly, he is entitled to qualified immunity.

Bennett v. Murphy

274 F.3d 133 · Court of Appeals for the Third Circuit · Jan 2, 2002

that claims of qualified immunity are to be evaluated using a two-step process. … immunity claim move to the second step of the analysis to determine whether the constitutional right was clearly established.

D'Aoust v. Diamond

197 Md. App. 195 · Court of Special Appeals of Maryland · Dec 29, 2010

Qualified Immunity Having established that appellees are entitled to assert the defense of qualified immunity, we now come to the heart of the matter on appeal: whether the facts alleged and their permissible inferences would … “qualified” immunity.

Richard Ceballos v. Gil Garcetti Frank Sundstedt Carol Najera County of Los Angeles

361 F.3d 1168 · Court of Appeals for the Ninth Circuit · Mar 22, 2004

The Constitutional Right Was Clearly Established Even if Ceballos’s speech is constitutionally protected, the defendants are nonetheless entitled to qualified immunity if the constitutional right was not clearly established … law is clearly established, and qualified immunity is therefore unavailable.

Roland Edger v. Krista McCabe

83 F.4th 858 · Court of Appeals for the Eleventh Circuit · Sep 26, 2023

Ca- sey, 75 F.4th 1176, 1187 (11th Cir. 2023) (“[T]he arguable probable cause inquiry in a false arrest case is no different from the clearly established law inquiry in any other qualified immunity … Where we part ways with the district court is on the issue of arguable probable cause or the “clearly established law” prong of the qualified immunity analysis.

Xiaoxing Xi v. Andrew Haugen

68 F.4th 824 · Court of Appeals for the Third Circuit · May 24, 2023

Its determination that Xi failed to establish a “clearly established” violation for purposes of its qualified immunity analysis was therefore dispositive. Id. Xi now brings this timely appeal. II. … immunity because any constitutional rights he violated were not “clearly established.”

Robert Shawn Treff v. Kerry Galetka, Individually and as the Mailroom Supervisor at the Utah State Prison

74 F.3d 191 · Court of Appeals for the Tenth Circuit · Jan 10, 1996

Galetka was entitled to qualified immunity because the law was not clearly established that prisoners had a First Amendment right to have their outgoing mail processed for delivery by the United States Postal Service, absent … Galetka’s qualified immunity defense, we first conclude that a prisoner’s constitutional right of access to the courts is clearly established. Nordgren v.

Hutton v. Superintendent, Massachusetts Correctional Institution, Norfolk

45 Mass. App. Ct. 304 · Massachusetts Appeals Court · Aug 13, 1998

“clearly established statutory or constitutional right[] of which a reasonable person would have known.” … Hutton’s rights were not clearly established, and the defendants, therefore, enjoy immunity from suit under the § 1983 claim and under the common law false imprisonment claim. 6 The defendants’ motions for summary judgment

Martinez v. New Mexico Department of Public Safety

47 F. App'x 513 · Court of Appeals for the Tenth Circuit · Jul 29, 2002

Consistent with that ruling, the court denied qualified immunity to Trooper Boyd on the excessive use of force claim. … “For the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must be as plaintiff maintains.”

Jordan v. New Jersey Department of Corrections

881 F. Supp. 947 · District Court, D. New Jersey · Mar 31, 1995

The court also determined, however, that the prison guard was entitled to qualified immunity because the prisoner’s legal right was not “clearly established” at the time the action was taken. … established” to strip defendant Fowler of qualified immunity.