Case law

Felix E. Capoeman v. Amos Reed

754 F.2d 1512 · Court of Appeals for the Ninth Circuit · Apr 22, 1985

Qualified Immunity Even defendants who violate constitutional rights enjoy a qualified immunity that protects them from liability for damages “unless it is further demonstrated that their conduct was unreasonable under the … Nonetheless, we found that the basic fourth amendment rights of students had been sufficiently clearly established at the time to prevent the defendants’ immunity. Id.

Austin v. City of Pasadena

74 F.4th 312 · Court of Appeals for the Fifth Circuit · Jul 18, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … The test for qualified immunity involves two steps: “first we ask whether the officer’s alleged conduct has violated a federal right; . . . second we ask whether the right in question was ‘clearly established’ at

Sarah Molina v. Daniel Book

59 F.4th 334 · Court of Appeals for the Eighth Circuit · Feb 2, 2023

In the face of a summary-judgment motion seeking qualified immunity, the district court ruled that the claims could proceed to a jury. … It could not have clearly established a First Amendment right to wear the bright green hats.

Gardner v. Howard

109 F.3d 427 · Court of Appeals for the Eighth Circuit · Mar 12, 1997

Defendants appeal the qualified immunity portion of that ruling. … II. 8 Qualified immunity shields government officials from § 1983 damage liability unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known."

Moore v. Hearle

639 F. Supp. 2d 352 · District Court, S.D. New York · Jun 12, 2009

Qualified Immunity Under the doctrine of qualified immunity, government officials are shielded from liability flowing from their performance of discretionary functions as long as “their conduct does not violate clearly established … Granting Defendant’s motion for summary judgment on grounds of qualified immunity is proper “only ‘if the court finds that the asserted rights were not clearly established, or if the evidence is such that, even when it is

Potera-Haskins v. Gamble

519 F. Supp. 2d 1110 · District Court, D. Montana · Sep 28, 2007

This examination, in turn, invokes the Court’s obligation to address and resolve the threshold issue of Defendants’ claim of qualified immunity. 6 Qualified Immunity “Qualified immunity is ‘an entitlement not to stand trial … Finally, “[i]f the law did not put the [employer] on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.”

Payne v. Hopkins

Nebraska Court of Appeals · May 23, 2017

Qualified immunity consists of two inquiries: (1) whether the facts that a plaintiff has alleged make out a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of the … In denying Payne’s Fourth Amendment claim, the district court found that the DCS officials were entitled to qualified immunity because Payne’s right to possess the artwork was not clearly established.

State v. Jones

416 S.C. 283 · Supreme Court of South Carolina · May 18, 2016

In a pretrial motion, Jones asserted immunity from prosecution under the "Protection of Persons and Property Act" (the Act).1 Following a hearing, the circuit court judge granted the motion, finding Jones established by … Conclusion We conclude the circuit court judge properly granted Jones immunity from prosecution pursuant to section 16-11-440(C) because Jones's residence qualified as "another place" where she had the right to be

Corrigan v. District of Columbia

254 F. Supp. 3d 184 · District Court, District of Columbia · Jun 8, 2017

established right had occurred and that the officers were entitled to qualified immunity. … Consequently, whether qualified immunity applies “‘generally turns on the objective legal reasonableness of the [official's] action, assessed in light of the legal rules that were clearly established at the time.’”

Stanley v. Barone

210 Conn. App. 239 · Connecticut Appellate Court · Jan 25, 2022

clearly established constitu- tional right. … Thus, in order to overcome the defendants’ qualified immunity in the present case, the plaintiff was required to allege facts that would establish that the defendants violated a clearly established constitutional right.

Ada Anglemeyer v. Craig Ammons

92 F.4th 184 · Court of Appeals for the Third Circuit · Feb 7, 2024

both prongs of the qualified immunity analysis. … Our sister circuits have denied qualified immunity in cases factually similar to Couden. See, e.g., Shannon v.

Camuglia v. City of Albuquerque

375 F. Supp. 2d 1299 · District Court, D. New Mexico · Apr 28, 2005

SUMMARY JUDGMENT AND QUALIFIED IMMUNITY Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does … It is the plaintiffs burden to establish that a law is clearly established. Pueblo Neighborhood Health Centers, Inc. v.

Stoneking v. Bradford Area School District

856 F.2d 594 · Court of Appeals for the Third Circuit · Sep 12, 1988

The basis for their claim of immunity was that Stoneking did not have a clearly established right to be free from the sexual abuse of Wright, a member of the school’s staff, that they were under no clearly established duty … Qualified Immunity The doctrine of qualified immunity entitles government officials performing discretionary functions to immunity from liability for civil damages when their conduct “does not violate clearly established

Richard Winfrey, Jr. v. San Jacinto County

901 F.3d 483 · Court of Appeals for the Fifth Circuit · Aug 20, 2018

(“Junior”) or Megan Winfrey was not a “material” omission, and which reflects that it is Junior’s burden to overcome qualified immunity, not Johnson’s burden to show that qualified immunity applies. … the right was “clearly established” when the violation occurred.

Oliverio Martinez v. City of Oxnard Oxnard Police Department Art Lopez, Chief Maria Pena Andrew Salinas Ron Zavala, and Ben Chavez

270 F.3d 852 · Court of Appeals for the Ninth Circuit · Oct 30, 2001

Qualified immunity shields them “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We must now determine whether the rights that Martinez alleges Chavez violated were clearly established by federal law.

Williams v. District of Columbia

268 F. Supp. 3d 178 · District Court, District of Columbia · Aug 3, 2017

"To defeat a defense of qualified immunity, a plaintiff must show not only that an official 'violated a constitutional right' but also that 'the right was clearly established' at the time of the violation. … of the Fourth Amendment, he is still entitled to qualified immunity ifthe right to be free of such force was not clearly established at the time of the violation, February 22, 2014.

Bardzik v. County of Orange

635 F.3d 1138 · Court of Appeals for the Ninth Circuit · Mar 28, 2011

We have the option to address only the clearly-established step of the qualified immunity analysis. Pearson, 129 S.Ct. at 818 . … Because we decide that Bardzik was a policymaker as Reserve Division Commander, we need not address the clearly-established prong of the qualified immunity analysis. See Pearson, 129 S.Ct. at 818 .

Moxley v. Town of Walkersville

601 F. Supp. 2d 648 · District Court, D. Maryland · Mar 6, 2009

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Nonetheless, “qualified immunity ... will be upheld on a [Rule] 12(b)(6) motion only when the immunity is established on the face of the complaint,” Hafley v.

Walentas v. Lipper

862 F.2d 414 · Court of Appeals for the Second Circuit · Nov 25, 1988

Qualified Immunity. Walentas claims that the district incorrectly applied the standard of qualified immunity in concluding that Lipper was entitled to such immunity. Walentas v. … Thus, since the legal proposition argued by Wal-entas was not clearly established at the relevant time, Lipper’s conduct was protected by qualified immunity.

Kiddy-Brown v. Blagojevich

408 F.3d 346 · Court of Appeals for the Seventh Circuit · Jul 13, 2005

However, the law of qualified immunity does not require a plaintiff to produce a case that is "directly on point" in order to show that a right is clearly established. Nabozny v. … Kiddy-Brown has alleged sufficient facts to meet the first part of the qualified immunity inquiry. 2. 36 We now turn to the second part of the qualified immunity inquiry—whether the law was clearly established when Ms.