Case law

Ayers v. Ryan

152 F.3d 77 · Court of Appeals for the Second Circuit · Jul 28, 1998

Qualified immunity shields government officials from liability for damages resulting from the performance of discretionary' official functions if their conduct “does not violate clearly established statutory or constitutional … The district court concluded that Ryan was entitled to qualified immunity because Ayers could not “demonstrate that Ryan’s refusal to call certain witnesses was a clearly established violation of the Due Process Clause.”

Bernstein v. Lopez

321 F.3d 903 · Court of Appeals for the Ninth Circuit · Mar 4, 2003

We hold that no further facts need to be determined and that as a matter of law the defendants are protected by qualified immunity because the plaintiffs have no clearly established right to continue in their administrative … This property interest, they maintain, was “clearly established.”

Leghart Ex Rel. Leghart v. Hauk

25 F. Supp. 2d 748 · District Court, W.D. Texas · Nov 23, 1998

As such, “[qualified immunity protects a police officer from liability if a reasonable competent law enforcement officer would not have known that his actions violated clearly established law.” Harper v. … “The first step is to determine whether the plaintiff has alleged a violation of a clearly established constitutional right.” Id.

Howard Ex Rel. Estate of Howard v. Bayes

378 F. Supp. 2d 753 · District Court, E.D. Kentucky · Jan 5, 2005

Violation of Clearly Established Constitutional Right Determining whether a government official was performing a discretionary act, however, does not end the qualified immunity analysis. … Therefore, Bayes is entitled to qualified immunity for his actions as there is no evidence that he violated a clearly established federal right. B.

Scott v. Palmer

210 F. Supp. 3d 1303 · District Court, N.D. Alabama · Sep 27, 2016

was clearly established at the time of the alleged violation. … Regarding the second prong of the qualified immunity analysis, it is clearly established in the Eleventh Circuit that “gratuitous use of force when a criminal suspect is not resisting arrest constitutes excessive force.

Israel E. Nelson v. Roger T. Overberg

999 F.2d 162 · Court of Appeals for the Sixth Circuit · Jul 20, 1993

[N]o qualified immunity is' available under that set of facts. Overberg filed this timely appeal. II. A denial of summary judgment on the basis of qualified immunity is appealable. Mitchell v. … Therefore, qualified immunity is not appropriate in this case.

Duke Grider v. B. Bowling

785 F.3d 1248 · Court of Appeals for the Eighth Circuit · May 11, 2015

Officer Bowling is entitled to qualified immunity unless he violated Grider's "clearly established statutory or constitutional rights." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … It is "clearly established that an officer who fails to intervene to prevent the unconstitutional use of excessive force by another officer may be held liable for violating the Fourth Amendment." Nance v.

Broussard v. Lafayette City-Parish Consolidated Government

45 F. Supp. 3d 553 · District Court, W.D. Louisiana · Sep 5, 2014

The defendants’ motions for sanctions and the alternative motions for summary judgment on qualified immunity are DEFERRED. REPORT AND RECOMMENDATION PATRICK J. HANNA, United States Magistrate Judge. … The Punitive Damages Claims It has been thirty-three years since the Supreme Court clearly stated: “we hold that a municipality is immune from punitive damages under 42 U.S.C. § 1983 .” City of Newport v.

Baxter ex rel. Baxter v. Vigo County School Corp.

26 F.3d 728 · Court of Appeals for the Seventh Circuit · Jun 14, 1994

By now, it is well established that certain government officials enjoy a qualified immunity from suit. … To determine the applicability of qualified immunity, the defendants’ actions must be compared to what a reasonable official would believe was required in light of the clearly established legal rules.... Casteel v.

Estate of Holmes v. Somers

387 F. Supp. 3d 1233 · District Court, D. Kansas · Apr 17, 2019

Qualified immunity "shields public officials ... from damages actions unless their conduct was unreasonable in light of clearly established law." Gann v. … When the defense of qualified immunity is asserted, a plaintiff must show: "(1) that the defendant's actions violated a federal constitutional or statutory right, and, if so, (2) that the right was clearly established at

E.A.F.F. v. Gonzalez

600 F. App'x 205 · Court of Appeals for the Fifth Circuit · Jan 16, 2015

The analysis of a defense of qualified immunity involves two steps. “First, a court must decide whether a plaintiffs allegation, if true, establishes a violation of a clearly established right.” Hernandez ex rel. … Whether the plaintiffs have alleged a violation of a clearly established right, as required under the first step of this court’s qualified immunity analysis, is not at issue.

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.”

Gaffey v. Illinois Dept of Juvenile Justice

District Court, N.D. Illinois · Mar 31, 2021

Qualified immunity protects public officials from damages liability unless the evidence shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the … The Court finds Plaintiff’s argument against qualified immunity to be flawed, however, as it frames “clearly established” law at too high a level of generality.

Owens v. Zade

District Court, D. Colorado · Jun 20, 2023

6 Under 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 … Zade in her individual capacity at trial if he can demonstrate that the right at issue is clearly established. See [Doc. 37 at 12–13 (invoking qualified immunity)].

Clayton v. City of Kingston

44 F. Supp. 2d 177 · District Court, N.D. New York · Apr 23, 1999

Overcoming qualified immunity entails a two-part process: “First, a plaintiff must allege the violation of a clearly established constitutional or statutory right. … A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to “state a claim of violation of clearly established law.” See Connell v.

Walter Warren v. State of Missouri Dick Moore Bill Armontrout Leonard Rutledge Richard A. Anderson Richard K. Bowers Keith Heidbreder Loren Stout

995 F.2d 130 · Court of Appeals for the Eighth Circuit · May 28, 1993

Defendants are entitled to qualified immunity as a matter of law if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Defendants argue that they are entitled to qualified immunity on Warren’s unsafe work place claim because the law governing prison working conditions was not clearly established in 1986 — since prison work is voluntary, it

Kingsford v. Salt Lake City School District

247 F.3d 1123 · Court of Appeals for the Tenth Circuit · Apr 24, 2001

Fankell , 520 U.S. 911, 915 (1997) (“[A] Federal District Court order rejecting a qualified immunity defense on the ground that the defendant’s actions—if proved—would have violated clearly established law may be appealed … Defendant Shackett also claimed that even if such a right existed it was not clearly established at the time of the events underlying this suit, thus entitling him 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

Howard v. Board of Education of Sycamore Community Unit School District No. 427

893 F. Supp. 808 · District Court, N.D. Illinois · Jul 21, 1995

Qualified Immunity Weleker contends he is entitled to qualified immunity as to plaintiffs section 1983 claim because there is no clearly established law that he had a duty to take action in response to the students’ allegedly … Absent allegations stating a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Id.

Heriberto Rodriguez v. County of Los Angeles

891 F.3d 776 · Court of Appeals for the Ninth Circuit · May 30, 2018

Qualified Immunity under Federal Law Qualified immunity under federal law protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.” Mendoza v. Block, 27 F.3d 1357, 1362 (9th Cir. 1994).