Case law

Latherian Harris v. City of Saginaw, Mich.

62 F.4th 1028 · Court of Appeals for the Sixth Circuit · Mar 20, 2023

We evaluate qualified immunity in two, non-sequential steps: whether “the facts alleged show the officer’s conduct violated a constitutional right” and whether that right was “clearly established.” Saucier v. … And because there is reason to believe that this arrest violated Harris’s clearly established constitutional right, none of the Officers are entitled to qualified immunity.

Hudson v. Hudson

475 F.3d 741 · Court of Appeals for the Sixth Circuit · Jan 26, 2007

Page 3 liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Katz, 533 U.S. 194, 200 (2001), to decide first whether the defendant’s conduct violated a federal right held by the plaintiff, id., and second whether that right was clearly established at the time of the violation.

Greiner v. City of Champlin

27 F.3d 1346 · Court of Appeals for the Eighth Circuit · Jul 5, 1994

The district court held the federal claims were barred by qualified immunity and the state claims by official immunity. … An official loses immunity if, first, the law he violated was clearly established at the time of the violation, and second, the applicability of the law to his particular action was evident. Id.

Malsh v. Austin

901 F. Supp. 757 · District Court, S.D. New York · Oct 20, 1995

Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was “objectively reasonable” for him to … For the plaintiff to overcome the qualified immunity defense, he must demonstrate that he possessed a clearly established constitutional right.

D. Scott Forrester, Conservator of the Estate of Jerry Bass Jerry Bass v. Mary Bass Tony Dixon, Kimberly Rosa Melissa Johnson

397 F.3d 1047 · Court of Appeals for the Eighth Circuit · Feb 7, 2005

Johnson and Rosa moved for summary judgment, arguing they are entitled to qualified immunity *1052 because Forrester cannot prove any violation of clearly established constitutional rights. … , For-rester has failed to allege a violation of a clearly established due process right, and Rosa and Johnson are entitled to qualified immunity.

Richard Ortega v. United States Immigration & Customs Enforcement

737 F.3d 435 · Court of Appeals for the Sixth Circuit · Dec 10, 2013

In a qualified-immunity case, a court may reject the constitutional claim on either of two grounds — either because no such constitutional right existed or because the constitutional right was not clearly established at the … clearly established at the time.

Preschooler II v. Clark County School Bd. of Trustees

479 F.3d 1175 · Court of Appeals for the Ninth Circuit · Mar 21, 2007

of clearly established law. … Government officials do not enjoy qualified immunity from civil damages if their conduct violates "clearly established constitutional or statutory rights of which a reasonable person would have known." Harlow v.

A.D. v. Markgraf

636 F.3d 555 · Court of Appeals for the Ninth Circuit · Apr 6, 2011

Markgraf moved for summary judgment on qualified immunity. … [1] To determine whether an officer such as Markgraf is entitled to qualified immunity, we inquire whether a constitu- tional right would have been violated on the facts alleged and whether the right was clearly established

Nguyen v. Grain Valley R-5 School District

353 S.W.3d 725 · Missouri Court of Appeals · Dec 13, 2011

Where an affirmative defense is asserted in a motion to dismiss, a trial court may dismiss the petition only if the petition clearly establishes “on its face and without exception” that the defense applies and the claim is … But a “departmentally-mandated duty” may clearly arise from sources other than statutes or regulations.

DeBellis v. Kulp

166 F. Supp. 2d 255 · District Court, E.D. Pennsylvania · Sep 10, 2001

Qualified immunity shields state officials performing discretionary functions from suit for damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … The next inquiry in the qualified immunity analysis is whether the right allegedly infringed was clearly established at the time of the encounter.

Delgado v. City of New York

86 A.D.3d 502 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2011

“A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officer involved to believe that his or her conduct was appropriate under the circumstances, or that officers

Evans v. City of San Diego

913 F. Supp. 2d 986 · District Court, S.D. California · Dec 19, 2012

“Government officials performing discretionary functions are entitled to qualified immunity from damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … For example, “qualified immunity is available if a reasonable police officer could have believed that his ... conduct was lawful, in light of the clearly established law- and the information” possessed by the officer at the

Goldwire v. City of Philadelphia

130 F. Supp. 3d 936 · District Court, E.D. Pennsylvania · Sep 11, 2015

An officer asserting an' entitlement to qualified immunity must claim that his conduct did not violate a clearly established constitutional right of which a reasonable officer would have known. Behrens v. … violated a constitutional right, and (2) whether the right was clearly established.

Cora Arrington v. William McDonald Robert Nill

808 F.2d 466 · Court of Appeals for the Sixth Circuit · Dec 30, 1986

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), a defendant may establish an entitlement to qualified immunity by “proving either that the law was not clearly established at the time of plaintiff’s alleged … injury, or, if the law was clearly established, that he neither knew or should have known of the relevant standard due to extraordinary circumstances.”

Borucki v. Ryan

658 F. Supp. 325 · District Court, D. Massachusetts · Aug 20, 1986

established and Ryan would be entitled to qualified immunity under Harlow v. … Moreover, this right was clearly established at the time of the alleged deprivation, so defendant Ryan may not successfully invoke qualified good faith immunity at this stage.

Barnes v. Dale

530 So. 2d 770 · Supreme Court of Alabama · Jun 24, 1988

Paul answered the complaint on January 3, 1986, and raised "qualified immunity" as an affirmative defense. Harpole, Dr. Barnes, and Dr. … This defendant's function clearly required due care rather than difficult decision making. On the other hand, we accepted the claim of immunity in Gill v.

Romero v. City of Clanton

220 F. Supp. 2d 1313 · District Court, M.D. Alabama · Sep 11, 2002

When qualified immunity is asserted as a defense, a court must first determine whether the violation of a constitutional right is asserted, then determine whether that right was clearly established. See Wilson v. … is clearly established.

Beverly Getz v. J. Swoap

833 F.3d 646 · Court of Appeals for the Sixth Circuit · Aug 16, 2016

DISCUSSION Qualified immunity shields government officials from civil liability in the performance of their duties so long “as their conduct does not violate clearly established statutory or constitutional rights … The qualified immunity analysis is a two-step inquiry: (1) whether a constitutional right has been violated; and (2) whether that right was clearly established, though the steps need not be taken in that order.

Bensch v. Metropolitan Dade County

798 F. Supp. 678 · District Court, S.D. Florida · May 4, 1992

Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), the Supreme Court reiterated: “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity … Qualified immunity is an affirmative defense, however, so it may only be asserted in a 12(b)(6) motion when the “complaint itself establishes ... qualified immunity.” Green v.

Keil v. Triveline

661 F.3d 981 · Court of Appeals for the Eighth Circuit · Nov 21, 2011

Qualified immunity shields public officials from civil lawsuits when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … To determine whether the agents are entitled to qualified immunity, we consider (1) whether the facts alleged, construed in the light most favorable to Keil, establish a violation of a constitutional or statutory right, and