Case law

Jackson v. Hamm

78 F. Supp. 2d 1233 · District Court, M.D. Alabama · Dec 27, 1999

However, this holding does not end the qualified-immunity inquiry. As stated above, a constitutional right must not only exist, it must have been clearly established at the time of the violation. … Moreover, even if such right were violated, the right was not clearly established at the time of the alleged violation. Upshaw is entitled to qualified immunity on this claim. IV.

Darby v. Bratch

287 F.3d 673 · Court of Appeals for the Eighth Circuit · Apr 11, 2002

immunity. … The Family and Medical Leave Act creates clearly established statutory rights, including the right to be free of discrimination or retaliation on account of one's exercise of leave rights granted by the statute. 13 Qualified

Waltman v. Payne

535 F.3d 342 · Court of Appeals for the Fifth Circuit · Jul 10, 2008

clearly established statutory or constitutional rights of which a reasonable person would have known.”1 Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.”2 Once a government … defense, the plaintiff must show: (1) that he has alleged a violation of a clearly established constitutional right, and (2) that the defendant’s conduct was objectively unreasonable in light of clearly established law at

Vakilian v. Shaw

335 F.3d 509 · Court of Appeals for the Sixth Circuit · Aug 26, 2003

Qualified immunity shields government officials acting within the scope of their official duties from civil liability insofar as their conduct does not violate clearly established rights of which a reasonable person would … Therefore, we must assume, for qualified immunity purposes only, that Vakilian has established a constitutional violation

Lindsay v. Bogle

92 F. App'x 165 · Court of Appeals for the Sixth Circuit · Feb 3, 2004

Wellman, 313 F.3d 963, 969 (6th Cir.2002), the assertion of a qualified-immunity defense (even a contingent qualified-immunity defense) indicates that the defendants were aware they could be held personally hable. … Banks, 344 F.3d 587, 594 (6th Cir.2003) (noting that defendant had not moved for summary judgment on the issue of qualified immunity).

Kisela v. Hughes

584 U.S. 100 · Supreme Court of the United States · Apr 2, 2018

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have known.” White v. Pauly, 580 U. … The Ninth Circuit denied qualified immunity to the officer, concluding that his use of force was objectively unreasonable under clearly established law. Id., at 1285– 1286.

66 Fair empl.prac.cas. (Bna) 451, 61 Empl. Prac. Dec. P 42,195 Linda Langley v. Adams County, Colorado Adams County Board of County Commissioners Elaine T. Valente, Individually and in Her Official Capacity James M. Nelms, Individually and in His Official Capacity Harold E. Kite, Individually and in His Official Capacity Randy Brodersen, Individually and in His Official Capacity Robert D. Millsap, Individually and in His Official Capacity

987 F.2d 1473 · Court of Appeals for the Tenth Circuit · Mar 3, 1993

Once a defendant asserts the affirmative defense of qualified immunity, 4 "[t]he plaintiff carries the burden of convincing the court that the law was clearly established." [Pueblo Neighborhood Health Ctrs., Inc. v.] … Plaintiff has thus met her burden of showing clearly established law governing her First Amendment claim. 21 Defendants assert two factual bases for their qualified immunity defense.

Carver v. Lehman

Court of Appeals for the Ninth Circuit · Dec 22, 2008

Even pre-January 1, 2007, unpublished opinions can be cited and considered, for example, in the context of determin- ing whether the law was established in the context of qualified immunity, Prison Legal News v. … 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

Kelleher v. New York State Trooper Fearon

90 F. Supp. 2d 354 · District Court, S.D. New York · Mar 23, 2000

Where the plaintiff alleges the violation of a clearly established right — as was the case here — qualified immunity protects a police officer from civil liability lor violating a plaintiffs constitutional rights only if … Trooper Fearon would have been entitled to qualified immunity if, at the time of the challenged action, it was objectively reasonable for him to believe that his behavior did not violate the plaintiffs clearly established

Evans v. Headley

566 F. Supp. 1133 · District Court, S.D. New York · Jun 22, 1983

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727, 2737-40 , 73 L.Ed.2d 396 (1982) (eliminating subjective part of test for qualified immunity in Bivens actions, Bivens v. … Under these circumstances, it would be difficult to find the defendants had “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Roque v. Harvel

993 F.3d 325 · Court of Appeals for the Fifth Circuit · Apr 1, 2021

those rights were clearly established at the time of the violation “such that the officer was on notice of the unlawfulness of his or her conduct.” 6 The unique nature and purpose of qualified immunity affects … immunity unless his “actions were objectively unreasonable in light of clearly established law at the time of the” shooting. 31 The critical question when ascertaining the clearly established law is “whether the

Daphne Mosby v. Andrew Moore

Mississippi Supreme Court · Jun 16, 1995

Alternatively, their basis for the motion was that the officers were entitled to qualified immunity on the plaintiff's claims. … When officers or agents of the State of Mississippi are sued in a civil action, they enjoy qualified public official immunity.

Garcia v. Scoppetta

289 F. Supp. 2d 343 · District Court, E.D. New York · Nov 6, 2003

Qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “A defendant pleading qualified immunity on a motion to dismiss is entitled to prevail if the allegations in the complaint fail to ‘state a claim of violation of clearly established law.’ ” McEvoy v.

Nestor Ayala Serrano v. Cruz Lebron Gonzalez

909 F.2d 8 · Court of Appeals for the First Circuit · Jul 18, 1990

In this case, therefore, Lebrón’s qualified immunity claim should fail if, under clearly established law, Ayala had the constitutional right to have a prison guard, who was *14 present at the scene, intervene in the assault … Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271 (1986), the Supreme Court clarified the standard of qualified immunity established by Harlow , and noted that a public official defendant is entitled to qualified

Martha Hoyt v. Bernard Cooks

672 F.3d 972 · Court of Appeals for the Eleventh Circuit · Feb 27, 2012

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … ’s actions was clearly established at the time of the incident.

Payne ex rel. D.P. v. Peninsula School District

623 F. App'x 846 · Court of Appeals for the Ninth Circuit · Aug 3, 2015

MEMORANDUM ** Jodi Coy appeals the district court’s denial of summary judgment and qualified immunity. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, Preschooler II v. Clark Cty. Sch. Bd. … Coy is entitled to qualified immunity with respect to Plaintiffs Fourth Amendment claim because, at the time she acted, it would not have been clear to a *848 reasonable official that placing D.P. in the safe room, as part

Michael McReynolds v. Darrell Schmidli

4 F.4th 648 · Court of Appeals for the Eighth Circuit · Jul 13, 2021

The district court concluded that while Schmidli (but not Gentile) had violated McReynolds’ constitutional rights, he was entitled to qualified immunity on the excessive force claim because the right was not clearly established … We reverse the district court’s grant of summary judgment on the basis of qualified immunity to Schmidli because it was clearly established at the time of the incident that the level of force Schmidli asserted against McReynolds

Schiller, Victoria v. State of Wisconsin

District Court, W.D. Wisconsin · Jan 26, 2024

But Reiff is likely entitled to qualified immunity on this relatively novel claim. See, e.g., Fosnight v. … Jones, 41 F.4th 916, 924 (7th Cir. 2022) (government officials entitled to qualified immunity unless constitutional right was clearly established at the time of the violation). 3.

Charles W. v. Maul

214 F.3d 350 · Court of Appeals for the Second Circuit · Jun 5, 2000

Defendants moved to dismiss plaintiffs complaint asserting qualified immunity, a defense that depends upon whether the right plaintiff asserts is so clearly established that defendants should have known it. … But whether qualified immunity applies depends on whether the right violated was clearly established. See Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 .

Elizabeth Sebesta v. Andrea Davis

878 F.3d 226 · Court of Appeals for the Seventh Circuit · Dec 21, 2017

The district court, recall, held that Childs and Bean were entitled to qualified immunity because the constitutional in- jury was not clearly established. … Our focus is on the second part of the immunity test—whether the right on which Sebesta relies was clearly established.