Case law

Lisa Price v. Montgomery County

72 F.4th 711 · Court of Appeals for the Sixth Circuit · Jul 5, 2023

To overcome a defendant’s qualified immunity defense, a plaintiff must plausibly allege that (1) the official violated a federal statutory or constitutional right, and (2) the right was “clearly established” at the time of … Miller has neither proven that violating a court order constitutes a constitutional violation, nor that such a violation is clearly established. As a result, Craycraft is entitled to qualified immunity.

Gyadu v. Frankl

62 F. Supp. 2d 590 · District Court, D. Connecticut · Jul 23, 1999

Individuals are qualifiedly immune insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Id. at 818 , 102 S.Ct. 2727 . … Thus, as to those remedies, the defendants enjoy qualified immunity. The motions to dismiss will be granted, on grounds of qualified immunity, as to the allegations of violations of 42 U.S.C.

Don A. Brawner v. City of Richardson, Texas, L.F. Eudy, Richardson Police Department Director, and Kenneth Yarbrough, Chief of Police

855 F.2d 187 · Court of Appeals for the Fifth Circuit · Aug 18, 1988

established at the time he was fired so as to preclude their asserting a claim of qualified immunity. … Qualified immunity is a defense for public officials if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 19 “Clearly established” means

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.

Allen v. Higgins

902 F.2d 682 · Court of Appeals for the Eighth Circuit · May 4, 1990

Based on the trial court’s finding that the catalog ordered by Allen, “clearly posed no threat to the security of the institution,” the trial court concluded that Groose was not entitled to qualified immunity. We agree. … A government official performing discretionary functions is generally entitled to qualified immunity when his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would

Carswell v. Borough of Homestead

381 F.3d 235 · Court of Appeals for the Third Circuit · Aug 20, 2004

Murphy, 274 F.3d ruling on qualified immunity. … facts material to the qualified immunity violation of excessive force.

Larry Hope v. Mark Pelzer, Gene McClaran

240 F.3d 975 · Court of Appeals for the Eleventh Circuit · Feb 14, 2001

’s qualified immunity analysis. … Public officials are entitled to qualified immunity from monetary damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Dunklin v. Lowndes County

894 F. Supp. 1527 · District Court, M.D. Alabama · Jun 30, 1995

“clearly established”). … In plain terms, Hulett is entitled to qualified immunity if the Plaintiffs fail to produce sufficient evidence that, when viewed in the light most favorable to them, Hulett violated their clearly established Fourteenth Amendment

Bah v. City of N.Y.

319 F. Supp. 3d 698 · District Court, S.D. Illinois · May 21, 2018

Nevertheless, he is entitled to qualified immunity if his conduct did not violate clearly established law. … On qualified immunity, the officer's actions are assessed in view of the clearly established law at the time the officer acted. Pearson v. Callahan, 555 U.S. 223 , 244, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Rodriguez-Cortes v. Superintendencia del Capitolio

236 F. Supp. 3d 498 · District Court, D. Puerto Rico · Feb 17, 2017

(2), if so, whether that right was clearly established at the time of defendant’s violation.” … Defendants fail to satisfy either part of the qualified immunity test. Accordingly, the Court finds that the defense of qualified immunity does not apply to defendant Vazquez.

Sadallah v. City Of Utica

383 F.3d 34 · Court of Appeals for the Second Circuit · Sep 3, 2004

defendant's action was objective[ly] legal [ly] reasonable[ ] ... in light of the legal rules that were clearly established at the time it was taken. 10 X-Men Sec., Inc. v. … Accordingly, Hanna is entitled to qualified immunity. C.

CLIFT BY CLIFT v. Fincannon

657 F. Supp. 1535 · District Court, E.D. Texas · Apr 13, 1987

The resolution, then, of the qualified immunity defenses raised by these individually named Defendants turns initially on whether the law was clearly established at the time the action in question occurred. 13 *1545 Thus, … There being no clearly established federal right to habilitation in the least restrictive alternative setting, the individual Defendants’ claims of qualified immunity must prevail in that regard.

Eidson v. Owens

515 F.3d 1139 · Court of Appeals for the Tenth Circuit · Feb 13, 2008

Qualified Immunity “The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages insofar as their conduct does not violate clearly established statutory … But if a violation can be shown, we must then consider whether the right was clearly established. Id. A.

Munger v. City of Glasgow Police Department

227 F.3d 1082 · Court of Appeals for the Ninth Circuit · Sep 6, 2000

Qualified immunity “ ‘shield[s] [government agents] 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 … To evaluate a qualified immunity claim, we first ask whether the law governing the official’s conduct was clearly established; if so, we ask whether under that law, and under the circumstances at issue, a reasonable officer

Richard Christopher Johnson v. City of Miami Beach

18 F.4th 1267 · Court of Appeals for the Eleventh Circuit · Nov 19, 2021

Qualified Immunity We review de novo a district court’s grant of summary judgment based on qualified immunity. Cantu, 974 F.3d at 1228. … Qualified immunity protects government officials performing discretionary functions from civil liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would

Tanner v. San Juan County Sheriff's Office

864 F. Supp. 2d 1090 · District Court, D. New Mexico · Mar 21, 2012

Clearly Established Rights in the Qualified Immunity Analysis. … Qualified immunity shifts the burden to the plaintiff to establish that the officer violated clearly established law.

Murphy v. Goss

103 F. Supp. 3d 1234 · District Court, D. Oregon · Apr 16, 2015

Standards for Qualified Immunity Under Section 1983 Defendants also contend that they are entitled to qualified immunity under 42 U.S.C. § 1983 . … “whether federal rights asserted by a plaintiff were clearly established at the time of the alleged violation.” Martinez v. Stanford, 323 F.3d 1178, 1183 (9th Cir.2003). George v.

Edwards v. Cabrera

861 F. Supp. 664 · District Court, N.D. Illinois · Aug 10, 1994

Qualified Immunity Qualified immunity will shield the officers from liability to the extent their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The Seventh Circuit has described the qualified immunity inquiry as having two prongs: First, the plaintiff must show that the law was clearly established when the challenged' conduct occurred.

Schrob v. Catterson

948 F.2d 1402 · Court of Appeals for the Third Circuit · Nov 15, 1991

any clearly established constitutional rights. … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish that "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Ball v. Township of Silver Spring

833 F. Supp. 2d 415 · District Court, M.D. Pennsylvania · Jun 13, 2011

Discussion The doctrine of qualified immunity protects government officials from civil liability insofar as their conduct does not violate clearly established constitutional rights of which a reasonable person would have … Courts conduct a two step analysis for a qualified immunity defense: whether law enforcement’s acts violated a constitutional right, and if they did, whether that right was clearly established at the time. Mierzwa v.