Case law

Leonard Rollon Crawford-El v. Patricia Britton and the District of Columbia

93 F.3d 813 · Court of Appeals for the D.C. Circuit · Aug 27, 1996

For acts to which qualified immunity may apply, 2 it held that the plaintiff can prevail only by showing not just that there was a violation, but that defendant’s acts violated “clearly established statutory or constitutional … Accordingly the Court held that qualified immunity could be penetrated only on a showing of objective unreasonableness—the now familiar requirement of “clearly established” rights. Id. at 818, 102 S.Ct. at 2738 .

Austin v. Johnson

328 F.3d 204 · Court of Appeals for the Fifth Circuit · May 28, 2003

We have jurisdiction, because the court determined plaintiff's allegations made out the violation of a clearly established constitutional right; the denial of qualified immunity did not rest on the sufficiency of evidence … This ignores the fact that the plaintiff has the burden to rebut a qualified immunity defense "by establishing that the official's allegedly wrongful conduct violated clearly established law." Pierce v.

Marshall v. Columbia Lea Regional Hospital

474 F.3d 733 · Court of Appeals for the Tenth Circuit · Jan 9, 2007

Nevertheless, the officers contend the district court erred in denying their post-verdict motion for judgment as a matter of law based on qualified immunity because no clearly established law precluded the test. … of which the plaintiff complains violated clearly established law.”

Leroy J. Matherne, Cross-Appellant v. Charles C. Wilson, Cross-Appellees

851 F.2d 752 · Court of Appeals for the Fifth Circuit · Aug 10, 1988

Fitzgerald 3 standard of “qualified” immunity, a public official *756 cannot be saddled with damages for actions that do not violate “clearly established statutory or constitutional rights of which a reasonable person would … have known.” 4 Wilson argues that in firing Matherne he violated no “clearly established law” and thus was entitled to Harlow immunity.

King v. Jefferies

402 F. Supp. 2d 624 · District Court, M.D. North Carolina · Nov 25, 2005

clearly established answers. … “If the law did not put the officer on notice that his conduct would be clearly unlawful,” qualified immunity should be granted. Saucier, 533 U.S. at 202, 121 S.Ct. at 2156.

Young v. McKune

280 F. Supp. 2d 1250 · District Court, D. Kansas · Jul 30, 2003

Qualified immunity provides government officials immunity from suit as well as from liability for their discretionary acts. Mitchell v. … The Supreme Court has established a two-part approach to determine if qualified immunity applies.

Burgos-Yantin v. Municipality of Juana Díaz

669 F. Supp. 2d 191 · District Court, D. Puerto Rico · Nov 6, 2009

The qualified immunity doctrine shields government officials performing “discretionary functions from ... civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “[A] defendant who claims qualified immunity must do so either [1] on the theory that the asserted right is not clearly established or [2] on the theory that the conduct attributed to him satisfies the test of objective legal

Noel Dean v. Darshan Phatak

911 F.3d 286 · Court of Appeals for the Fifth Circuit · Dec 20, 2018

matter of law, be objectively unreasonable in light of clearly established law.” … Dean counters that the district court properly denied summary judgment on the basis of qualified immunity because Phatak created a false, misleading, and inaccurate autopsy report and violated Dean’s clearly-established constitutional

Schulthies v. National Passenger Rr Corp.

650 F. Supp. 2d 994 · District Court, N.D. California · Aug 17, 2009

The defense of 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 … A court considering a claim of qualified immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and whether such right was clearly established such that it would be clear

Hufford v. McEnaney

249 F.3d 1142 · Court of Appeals for the Ninth Circuit · May 22, 2001

On interlocutory appeal from a denial of summary judgment on a claim of qualified immunity, we have jurisdiction over the purely legal question of whether Hufford has established a claim supported by clearly established law … Hufford, as the party seeking to deprive the defendants of qualified immunity, bears the burden of proving that the rights he claims were “clearly established” at the time they were allegedly violated.

Munafo v. Metropolitan Transportation Authority

285 F.3d 201 · Court of Appeals for the Second Circuit · Mar 26, 2002

The employee’s right to be free from such retaliation has been clearly established since at least 1968. … Accordingly, this Court, in order to review the individual defendants’ contention that the district court’s ruling on this branch of their qualified immunity motions mistakenly identified clearly established law, must “undertake

Edgerly v. City and County of San Francisco

495 F.3d 645 · Court of Appeals for the Ninth Circuit · Jul 17, 2007

clearly established. … Also, because no reasonable officer could have believed, in light of clearly established law, that the search as described by Edgerly was constitutional, the Officers are not entitled to qualified immunity for the search.

Bessman v. Powell

991 F. Supp. 830 · District Court, S.D. Texas · Jan 20, 1998

established law for purposes of qualified immunity inquiries. … The Court notes that qualified immunity also acts to bar Plaintiffs Due Process claims because, as alleged, Plaintiffs Due Process claims are not clearly established.

Myers v. City of Hermosa Beach

299 F. App'x 744 · Court of Appeals for the Ninth Circuit · Nov 7, 2008

If we find a violation of a constitutional right, we must then ask whether that right is clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. at 2156. … to qualified immunity as to Silva’s false arrest claim. 2 (3) Lewitt next argues that the district court erred when it denied qualified immunity on Silva’s excessive force claim against him.

Schulkers v. Kammer

367 F. Supp. 3d 626 · District Court, E.D. Kentucky · Feb 8, 2019

. ----, 137 S.Ct. 548 , 196 L.Ed.2d 463 (2017), the Court stated: Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, in Barber , the court addressed only the "clearly established" prong of the qualified immunity analysis and held that a child's Fourth Amendment right to avoid warrantless, in-school interviews conducted by social

Pratt v. Hogan

631 F. Supp. 2d 192 · District Court, N.D. New York · Jul 6, 2009

Qualified immunity bars a claim for monetary damages against government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Even if plaintiffs allegations are sufficient to allege the violation of a constitutional right, defendants are entitled to the defense of qualified immunity if plaintiffs constitutional rights were not clearly established

Nathaniel Brent v. Wayne Cty. Dep't of Human Servs.

901 F.3d 656 · Court of Appeals for the Sixth Circuit · Aug 23, 2018

Thus, if Wenk violated plaintiffs’ clearly established constitutional rights when executing the removal order, she would not be entitled to qualified immunity from plaintiffs’ claims. See id. at 695. … We held that the social workers had not violated clearly established law “by exceeding the limited consent to search that [Brent] had given them,” and we thereby held that the social workers were entitled to qualified immunity

Davis v. DiPino

99 Md. App. 282 · Court of Special Appeals of Maryland · Feb 23, 1994

Was Detective DiPino entitled to qualified immunity in the claim brought pursuant to 42 U.S.C. Sec. 1983 ? B. … The federal constitutional right that the plaintiff claims has been violated must have been “clearly established” at the time of the alleged violation.

Donovan George Davis v. Philip B. Williams

451 F.3d 759 · Court of Appeals for the Eleventh Circuit · Jun 7, 2006

clearly established statutory or constitutional rights of which a reasonable person would have known.” … There is no question that the second step – clearly established – is satisfied, as it is clearly established that an arrest made without probable cause violates the Fourth Amendment. Thornton v.

Williams v. City of Albany

936 F.2d 1256 · Court of Appeals for the Eleventh Circuit · Jul 30, 1991

Lack of good faith may be proved by showing that the public official’s actions violated clearly established constitutional law. Hudgins v. … Plaintiff has failed to make a showing, sufficient to overcome the claim of qualified immunity, that defendants’ actions were of the type that a reasonable police investigator would know violated the suspect’s clearly established