Case law

Charles Ivey v. Pat Hamlin

Court of Appeals of Tennessee · Mar 18, 2002

violate the clearly established constitutional or statutory rights of which a reasonable person would have known. … When a defendant asserts a qualified immunity defense in a 42 U.S.C. § 1983 action, the burden is on the plaintiff to show that the rights he or she is asserting have been clearly established. Perkins v.

Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC

552 S.W.3d 297 · Court of Appeals of Texas · Apr 16, 2018

We quote Panda's live petition at length because it clearly identifies Panda's position. … itself enjoys"; and (4) "the policies underlying official and qualified immunity are simply irrelevant to that contention."

Greene v. Barrett

174 F.3d 1136 · Court of Appeals for the Tenth Circuit · Apr 19, 1999

The qualified immunity doctrine “shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates ‘clearly established statutory or constitutional … clearly established at the time of the defendant’s actions.

Clairmont v. Sound Mental Health

632 F.3d 1091 · Court of Appeals for the Ninth Circuit · Jan 19, 2011

The district court held, in the alternative, that “Clairmont’s First Amendment right was not so ‘clearly established’ as to preclude qualified immunity for Ms. Wilson.” … SOUND MENTAL HEALTH immunity. Saucier, 533 U.S. at 201. “If the right was not clearly established at the time of the violation, the official is entitled to qualified immunity.”

Warren v. Keane

937 F. Supp. 301 · District Court, S.D. New York · Sep 10, 1996

Nor are defendants entitled to the affirmative defense of qualified immunity. … To establish the defense of qualified immunity, defendants must show either that their “conduct did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable

W.Va. Division of Natural Resources v. Steven Dawson and Angela Dawson

West Virginia Supreme Court · Jun 3, 2019

On appeal, the DNR and the DNR employees raise the following issues: (1) the circuit court erred by failing to find qualified immunity because (a) there is no evidence of a violation of any clearly established statutory … Accordingly, we will begin by reviewing this Court’s established qualified immunity principles.

Doe v. Terry

District Court, E.D. Michigan · Nov 28, 2023

Qualified immunity is “an affirmative defense shielding governmental officials from liability so long as their conduct does ‘not violate clearly established statutory or constitutional rights of which a reasonable person … Additionally, because the law was clearly established at the time of Defendant’s actions, Defendant is not entitled to qualified immunity.

Jonathan Davidson v. City of Stafford, Texas, et a

848 F.3d 384 · Court of Appeals for the Fifth Circuit · Feb 7, 2017

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … On the second prong of the qualified immunity defense, recent Supreme Court decisions addressing claims for excessive force have “reiterate[d] the longstanding principle that ‘clearly established law’ should not be defined

Tittle v. Raines

231 F. Supp. 2d 537 · District Court, N.D. Texas · Aug 29, 2002

Raines and Rooney contend that they are entitled to qualified immunity regarding Tittle’s claims of false arrest, malicious prosecution and conspiracy because they did not violate clearly established laws of which a reasonable … Conversely, an official’s conduct is not protected by qualified immunity if, in fight of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be -a violation of the right at issue.

Andersen v. McCotter

100 F.3d 723 · Court of Appeals for the Tenth Circuit · Nov 12, 1996

She also claims that the law was clearly established in this area, thereby precluding Defendants’ claims of qualified immunity. We agree. … Because the law in this area was clearly established in March 1994, Defendants are not entitled to qualified immunity. REVERSED and REMANDED. - 15 -

Nieves v. County of Monroe

761 F. Supp. 2d 48 · District Court, W.D. New York · Jan 25, 2011

Qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable person would … Specifically, the doctrine applies where it is “objectively reasonable” for an official to believe that his conduct did not violate a plaintiffs constitutional rights, in light of clearly established law and in the information

Hansen v. Bennett

948 F.2d 397 · Court of Appeals for the Seventh Circuit · Nov 27, 1991

If Bennett was attempting to suppress Hansen’s speech on the basis of its content, then he violated clearly established rights and is not entitled to qualified immunity. Collinson v. … If, on the other hand, he was enforcing an appropriately limited time, place, and manner restriction, then he did not violate clearly established rights, Jones v.

Livingston v. Luken

151 F. App'x 470 · Court of Appeals for the Sixth Circuit · Oct 26, 2005

“According to the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … established federal law so as to overcome Appellants’ assertion of qualified immunity.

Margaret Andrews v. Robert Fuoss, Individually and in His Capacity as Sheriff of Jones County, South Dakota

417 F.3d 813 · Court of Appeals for the Eighth Circuit · Aug 1, 2005

ANALYSIS On appeal, Andrews asserts that the district court erred in granting Sheriff Fuoss’s motion for summary judgment on the basis of qualified immunity because Sheriff Fuoss’s actions violated her clearly established … State officers “are entitled to qualified immunity unless their alleged conduct violated ‘clearly established statutory or constitutional rights of which a reasonable person [in their positions] would have known.’ ” McCoy

El Paso Independent School District, Dr. Lorenzo Garcia and Mark Mendoza v. Michael McIntyre and Laura McIntyre, Individually and on Behalf of Their Minor Children, K. M., L. M., C. M., M. M., and L. M.

Texas Court of Appeals, 8th District (El Paso) · Aug 6, 2014

and qualified immunity. … The test for qualified immunity requires the court to engage in a two part inquiry: (1) whether a public official’s conduct violated a constitutional or statutory right; and (2) whether the right was “clearly established

MacK v. Holcomb

446 F. Supp. 2d 777 · District Court, N.D. Ohio · Jul 12, 2006

If plaintiff sufficiently alleges a constitutional violation, defendant may be entitled to qualified immunity if the constitutional right was not clearly established when the violation occurred. Id. … Clearly Established Law The issue for purposes of qualified immunity is whether Mack’s First Amendment rights were clearly established at the time of the alleged violation.

Pierce v. San Mateo County Sheriff's Department

232 Cal. App. 4th 995 · California Court of Appeal · Dec 31, 2014

” (Hafer, supra, 502 U.S. at p. 29)) or “qualified immunity.” … Haugen (2004) 543 U.S. 194, 198–201 [160 L.Ed.2d 583, 125 S.Ct. 596] [officer who shot fleeing felon entitled to qualified immunity]; Saucier, supra, 533 U.S. at pp. 203–209 [arresting officer entitled to qualified immunity

Plascencia v. City of St. George

705 F. Supp. 2d 1276 · District Court, D. Utah · Mar 9, 2010

Qualified immunity generally shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … in which the court answers these questions is up to the court. 87 “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” 88 “Qualified immunity is ‘an immunity

Reiner v. Dandurand

33 F. Supp. 3d 1018 · District Court, N.D. Indiana · Jul 16, 2014

“[G]overnmental actors performing discretionary functions enjoy qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … James did not do so; thus, the Officers’ decision to pull James over for a traffic violation is also not a violation of a clearly established constitutional right. 3 Defendants are therefore entitled to qualified immunity

Fowler v. Valencourt

108 N.C. App. 106 · Court of Appeals of North Carolina · Dec 1, 1992

We will first address the issue of qualified immunity. … , in light of clearly established law and the information the [arresting] officers possessed.’