Case law

Washington v. Buraker

322 F. Supp. 2d 702 · District Court, W.D. Virginia · Jun 23, 2004

If the answer to that threshold question is yes, the officer may still be entitled to qualified immunity if the right was not clearly established at the time of the events at issue. Clem v. … established now, and was clearly established in 1983.

Richardson v. City of Antioch

722 F. Supp. 2d 1133 · District Court, N.D. California · Jul 13, 2010

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate any clearly established statutory or constitutional rights of which a reasonable … Based on clearly established precedent, the Court also finds that Defendants are not entitled to qualified immunity for the arrest of KC. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . 2.

Ricky Tatum v. Willie Robinson

858 F.3d 544 · Court of Appeals for the Eighth Circuit · May 30, 2017

The district court denied Robinson qualified immunity. Robinson appeals. Having jurisdiction under 28 U.S.C. § 1291, see Mitchell v. … To overcome an assertion of qualified immunity, a plaintiff “must present sufficient facts to show not only (1) that the officer’s conduct violated a constitutional right, but also (2) that the right was clearly established

Meas v. City and County of San Francisco

681 F. Supp. 2d 1128 · District Court, N.D. California · Feb 9, 2010

A court considering a claim of qualified immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and whether such right was clearly established such that it would be clear … Here, defendants argue that the officers are entitled to qualified immunity as to the false arrest and malicious prosecution claims because none of their actions violated clearly established law.

Doe Ex Rel. Doe v. Preston

472 F. Supp. 2d 16 · District Court, D. Massachusetts · Jan 30, 2007

third prongs [of the qualified immunity test].” 469 F.3d at 168. … The plaintiff argues that the defendants were on notice that their strip search policy violated clearly established law because “closely analogous cases” clearly established that policies permitting strip searches conducted

Martinez v. Simonetti

202 F.3d 625 · Court of Appeals for the Second Circuit · Feb 4, 2000

Whether Officer Heinz-Faljean was a witness to the physical altercation is not clearly established in the present record. … light of clearly established law and the information the officer[ ] possessed.”

John v. County of Centre

80 F. Supp. 2d 437 · District Court, M.D. Pennsylvania · Feb 1, 2000

“Unless plaintiffs allegations state a claim of a violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” P.F. v. … Therefore, we find that plaintiffs cannot overcome defendants’ qualified immunity defense by showing that the challenged conduct violated rights that were clearly established at the time the conduct occurred.

Spencer v. Rau

542 F. Supp. 2d 583 · District Court, W.D. Texas · Oct 11, 2007

Qualified Immunity The Officers assert they are entitled to qualified immunity. … In order to establish the defendant is not entitled to qualified immunity, a plaintiff must satisfy a two-part test: (1) under existing law, the plaintiff must allege a violation of an actual, clearly established constitutional

E-Z Mart Stores, Inc. v. Kirksey

885 F.2d 476 · Court of Appeals for the Eighth Circuit · Sep 19, 1989

The officers are entitled to qualified immunity “unless their actions violated clearly established law.” Garionis, 827 F.2d at 308 (citations omitted). … Ordinarily, a qualified immunity defense will fail if, as here, the law was clearly established at the time the action occurred, “since a reasonably competent public official should know the law governing his conduct.”

Colon-Andino v. Toledo-Davila

634 F. Supp. 2d 220 · District Court, D. Puerto Rico · Jul 13, 2009

“In administering the [Supreme] Court’s test, this circuit has tended to list separately the two sub-parts of the ‘clearly established’ prong along with the first prong and, as a result, has articulated the qualified immunity … Defendants offer what is clearly a template ("boiler plate”) summary of the law on qualified immunity that is outdated- and fails to apply the qualified immunity analysis to the facts of this case adequately.

Shaw v. Oconee County, Ga.

863 F. Supp. 1578 · District Court, M.D. Georgia · Oct 11, 1994

Qualified Immunity The Eleventh Circuit Court of Appeals has adopted an objective-reasonableness test for determining whether a government official is entitled to qualified immunity. See Courson v. … Under this analysis, the defendant is entitled to qualified immunity if either (1) the law was not clearly established, or (2) the law was clearly established but the defendant did not violate the law. Id. n. 14.

Tamara Brand v. Kevin Casal

877 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Dec 19, 2017

“Clearly Established” Law Having concluded that Deputy Pardinas’s conduct violated a constitutional right, the next question in our qualified immunity analysis is whether that constitutional right was “clearly established … Brand’s right to bodily privacy was clearly established. We affirm the District Court’s denial of qualified immunity on the Brands’ bodily-privacy claim. 17 IV.

Jackson v. Rapps

746 F. Supp. 934 · District Court, W.D. Missouri · Aug 13, 1990

The qualified immunity bar applies when the alleged conduct does not violate, under an objective standard of review, a clearly established statutory or constitutional right. … The Court held that Mitchell was entitled to qualified immunity because it was not clearly established at the time that such wiretaps were unconstitutional. Id. at 2818.

Armstrong v. Ashley

918 F.3d 419 · Court of Appeals for the Fifth Circuit · Mar 11, 2019

A decision on qualified immunity can be an appealable final decision, "but only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity on the facts[.]" … Typically, this determination is a decision on "whether the federal right allegedly infringed was clearly established." Behrens v.

Boris Mudd v. Jason Johnson (mem. dec.)

Indiana Court of Appeals · Apr 14, 2015

[19] Mudd’s claim against Johnson is best resolved through the doctrine of qualified immunity. … We cannot conclude that the specific alleged rights at issue were clearly established at the time of Johnson’s alleged misconduct, and as a result Johnson is entitled to qualified immunity from Mudd’s Section

Taylor v. Alabama

95 F. Supp. 2d 1297 · District Court, M.D. Alabama · Apr 19, 2000

Similarly, “[ujnder the qualified immunity defense,” these Defendants “are immune from liability if [Plaintiffs Complaint] fails to state a violation of a ‘clearly established ... constitutional right [ ] of which a reasonable … In other words, Harris, Bass, Butts, Rushing and Woodham “are immune from liability” on the basis of qualified immunity because Plaintiffs Complaint “fails to state a violation of a ‘clearly established ... constitutional

Molano v. Bezio

42 F. Supp. 3d 465 · District Court, W.D. New York · Apr 13, 2012

established” for purposes of qualified immunity. … established’ for the purpose of future qualified immunity cases involving similar fact patterns.”

Piazza v. Mayne

23 F. Supp. 2d 658 · District Court, E.D. Louisiana · Oct 29, 1998

Mayne moves for summary judgment, claiming qualified immunity and Eleventh Amendment sovereign immunity. … Qualified Immunity 1. Although Mayne enjoys no Eleventh Anendment protection, he is insulated by the qualified immunity doctrine.

Wiley v. Doory

14 F.3d 993 · Court of Appeals for the Fourth Circuit · Jan 27, 1994

The only issue before this Court is whether Doory is entitled to qualified immunity. 6 4 * Qualified immunity shields a governmental official from liability for civil monetary damages if the officer's "conduct does not violate … Thus, appellant Doory is entitled to qualified immunity.

Hatheway v. Thies

335 F.3d 1199 · Court of Appeals for the Tenth Circuit · Jul 18, 2003

In arguing that they are entitled to qualified immunity, the detectives contend that (1) the law was not clearly established as to whether Mr. … Denial of Qualified Immunity Qualified immunity is available to government officials when “their -11- conduct does not violate clearly established statutory or constitutional