Case law

Tony Ray Coleman v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division

409 F.3d 665 · Court of Appeals for the Fifth Circuit · May 13, 2005

The dissent claims that application of Vitek to sex offender conditions cannot be clearly established under AEDPA because courts have found that the law in this area is not clearly established for purposes of qualified immunity … For qualified immunity purposes, law is clearly established if it would be clear to a reasonable official that her conduct was unlawful in the situation she confronted. Saucier v.

Zarnow v. City of Wichita Falls, Texas

500 F.3d 401 · Court of Appeals for the Fifth Circuit · Sep 13, 2007

Smith, 117 F.3d 866, 871-72 (5th Cir. 1997) (“We do not require that an official demonstrate that he did not violate clearly established federal rights; our precedent places that burden upon plaintiffs.”). … To prevail, Zarnow must show that the search was unreasonable under clearly-established law at the time of the search. See Sorenson v. Ferrie, 134 F.3d 325, 328 (5th Cir. 1998).

Essence Welch v. Daniel Dempsey

51 F.4th 809 · Court of Appeals for the Eighth Circuit · Oct 20, 2022

In a footnote, the court noted that Dempsey’s motion made “a passing reference that ‘at minimum’ he is entitled to qualified immunity,” and concluded that the law was clearly established that retaliation for protected speech … In an interlocutory appeal raising a defense of qualified immunity, this court has jurisdiction to address only an order deciding a purely legal issue of whether the facts alleged by a plaintiff show a violation of clearly

John Doe v. Univ. of Kentucky

860 F.3d 365 · Court of Appeals for the Sixth Circuit · Jun 15, 2017

Defendant Simpson fails to show this procedure is inapplicable in cases involving qualified immunity.4 The concerns that support determining qualified immunity at the earliest stage of litigation are not present … As qualified immunity is “immunity from suit rather than a mere defense to liability,” it becomes essentially meaningless if a case wrongfully goes to trial. Pearson, 555 U.S. at 231.

Larry E. Yowell v. Jerry P. Combs Andy Dalton Jay Henges John Powell Jerry J. Presley David Hurlbut

89 F.3d 542 · Court of Appeals for the Eighth Circuit · Aug 14, 1996

On appeal, Yowell contends the officials are not entitled to qualified immunity because his right to continued employment with the Department was so clearly established at the time of his demotion that the officials must … Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known. 3 Harlow v.

Brooks v. Sevier County

279 F. Supp. 2d 954 · District Court, E.D. Tennessee · Jun 24, 2003

Qualified immunity is an affirmative defense available to government officials for discretionary acts that do not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Claims of qualified immunity are assessed on a fact-specific basis to ascertain whether the particular conduct of the defendant police officer infringed on a clearly established federal right of the plaintiff, and whether

Powell v. Basham

921 F.2d 165 · Court of Appeals for the Eighth Circuit · Dec 11, 1990

On the First Amendment claim, defendants argued, inter alia, that they were entitled to qualified immunity because Powell’s First Amendment right to criticize the promotion system and practices had not been clearly established … Qualified immunity shields a public official from personal liability for constitutional violations “if his conduct was objectively reasonable as measured by clearly established law.” Darnell v.

Kerns v. Board of Com'rs of Bernalillo County

707 F. Supp. 2d 1190 · District Court, D. New Mexico · Apr 12, 2010

They argued that, even if the right to exclude is clearly established, they were still entitled to qualified immunity because the right to be free from retaliation in the private property context is not clearly established … Wilkie that the plaintiff had a clearly established Fifth-Amendment right to exclude others from his property, so qualified immunity was inappropriate for retaliation for the exercise of that clearly established right.

Mattingly v. Mitchell

425 S.W.3d 85 · Court of Appeals of Kentucky · Jun 21, 2013

Although Prater involved a claim of absolute immunity, the rule is logically extended to a claim of qualified official immunity. … Our Supreme Court held teachers assigned to supervise a school-sponsored baseball practice were not entitled to qualified official immunity because the school had an established rule that children were required to wear batting

Olson v. Johnson

961 So. 2d 356 · District Court of Appeal of Florida · Jun 29, 2007

Alternatively, Johnson asserts that a qualified privilege is applicable and is sufficient to defeat Olson's claim. We conclude that neither an absolute nor a qualified privilege applies here. … Sovereign Immunity Does Not Apply Finally, Johnson has failed to explain how her actions in filing the police affidavit could possibly be protected by sovereign immunity.

Daniel J. Leveto v. Robert A. Lapina

258 F.3d 156 · Court of Appeals for the Third Circuit · Jul 17, 2001

B. 11 The principles governing claims of qualified immunity are well-established. … See Brown, 922 F.2d at 1118-19 (recognizing that the clearly established requirement "may produce distressing results," but finding defendants entitled to qualified immunity).

Fernez v. Calabrese

760 So. 2d 1144 · District Court of Appeal of Florida · Jul 7, 2000

The court pointed out that under the qualified immunity doctrine, government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly … If there are factual disputes, clearly they should be resolved by the trial court. [2] Rule 9.130 states a party must be denied sovereign or qualified immunity "as a matter of law," but this is not always easy to determine

Holeman v. City of New London

330 F. Supp. 2d 99 · District Court, D. Connecticut · Aug 16, 2004

“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … Since a constitutional violation could be shown, the court must proceed to the qualified immunity inquiry and ask whether the right violated was clearly established. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Trugreen Landcare, L.L.C. v. Scott

512 F. Supp. 2d 613 · District Court, N.D. Texas · Mar 16, 2007

Nationsbank Corp., 188 F.3d 579, 588 (5th Cir.1999) (holding that individual defendants were entitled to qualified immunity from suit alleging RICO claim because rights that served as basis of claim were not clearly established … Although it is well settled that qualified immunity is not analyzed in identical terms as are the merits of Scott’s RICO claim, in these circumstances' — where Duebner is clearly entitled to summary judgment and has already

Allan Rodgers v. Daniel Knight

781 F.3d 932 · Court of Appeals for the Eighth Circuit · Mar 23, 2015

Municipalities do not enjoy qualified immunity, but a municipality “cannot exhibit fault rising to the level of deliberate indifference to a constitutional right when that right has not yet been clearly established.” … At a minimum, the act of retaining the guns did not violate clearly established law.

Fields v. City of Philadelphia

166 F. Supp. 3d 528 · District Court, E.D. Pennsylvania · Feb 19, 2016

immunity, “our case law does not clearly establish a right to videotape police officers performing their official duties.” … Affirming the district court and rejecting officers’ claim of qualified immunity, the court of appeals held qualified immunity did not apply to officers because it was clearly established, "gathering information about government

Westmoreland v. Sutherland

718 F. Supp. 2d 884 · District Court, N.D. Ohio · Jun 11, 2010

Qualified immunity cases, however, are not precisely on point. … “The doctrine of qualified immunity shields government officials from liability, as well as from suit, so long as their official conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Malik Muntaqim, Adc 088633 v. Wendy Kelley, Director, Arkansas Department of Correction

641 S.W.3d 35 · Court of Appeals of Arkansas · Feb 16, 2022

conduct violated that clearly established right. … Otherwise, a state official is immune from individual-capacity suits if his or her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.

Moreta-Ramirez v. Lemert

156 F. Supp. 2d 138 · District Court, D. Puerto Rico · Jul 18, 2001

Qualified Immunity Defendants invoke the doctrine of qualified immunity in support of their motion to dismiss. The defense of qualified immunity is available to federal officials acting in the scope of their employment. … Interpreting Harlow , the First Circuit has established a three-part inquiry to determine whether or not the doctrine of qualified immunity applies in a given situation.

Robinson v. York

566 F.3d 817 · Court of Appeals for the Ninth Circuit · Apr 27, 2009

Defendants appeal from the denial of qualified immunity. For the reasons that follow, we affirm. I. … not affect whether Defendants are entitled to qualified immunity at this stage of the proceedings.