Case law

Penthouse International, Ltd. v. Edwin A. Meese, Iii, Attorney General of the United States

939 F.2d 1011 · Court of Appeals for the D.C. Circuit · Sep 24, 1991

did not violate any clearly-established First Amendment right. … If it does not — or at least if the right is not clearly established — the government’s motive is irrelevant.

Tanner Griggs v. Charley Brewer

841 F.3d 308 · Court of Appeals for the Fifth Circuit · Oct 28, 2016

“The doctrine 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 person … Because our analysis is under the defense of qualified immunity, the question is whether Brewer’s conduct was clearly unreasonable in the light of clearly established law.

Skoog v. County of Clackamas

469 F.3d 1221 · Court of Appeals for the Ninth Circuit · Nov 20, 2006

9 If the answer is no, the officer is entitled to qualified immunity. … At some future point, this right will become clearly established in this Circuit.

Segrain v. Duffy

118 F.4th 45 · Court of Appeals for the First Circuit · Sep 23, 2024

established, preventing an award of qualified immunity"); Tedder, 527 F. … Furthermore, qualified immunity protects government officials sued in their individual capacities against claims for monetary damages for violations of clearly established statutory or constitutional rights.

Kathy Dyer v. City of Mesquite Texas

964 F.3d 374 · Court of Appeals for the Fifth Circuit · Jul 6, 2020

clearly established law.’” … Turning to prong two of the qualified immunity standard, we ask whether there are genuine disputes of material fact as to whether “the unlawfulness of the [Officers’] conduct was ‘clearly established at the time.’”

Koser v. County of Price

834 F. Supp. 305 · District Court, W.D. Wisconsin · Oct 7, 1993

OPINION Qualified immunity I begin with defendants’ contention that the individual defendants are entitled to qualified immunity because their arrests of plaintiff did not violate “clearly established statutory or constitutional … I conclude that it is necessary to reserve a ruling on the issue of qualified immunity until after trial.

A. D. v. State of Calif. Highway Patrol

Court of Appeals for the Ninth Circuit · Apr 3, 2013

The Court then rejected the notion that the law, defined at such a level of generality, was “clearly established” for qualified immunity purposes. … Markgraf is not entitled to qualified immunity, because Plaintiffs have shown that he violated the foregoing clearly established law.

Suttles v. Roy

75 So. 3d 90 · Supreme Court of Alabama · May 21, 2010

Is it a question of law for the court (as is the similar defense of qualified immunity in federal actions under 42 U.S.C. § 1983 ) or a question of fact for the jury whether Suttles is entitled to such immunity? … Floyd, 667 So.2d 56, 64 (Ala.1995) (“The question whether a public official is entitled to qualified immunity is one to be decided as a matter of law.”).

George Owens v. Matthew J. Frank

394 F.3d 490 · Court of Appeals for the Seventh Circuit · Jan 6, 2005

, but ‘an unreasonable application’ of clearly established federal law, or based on ‘an unreasonable determination of the facts’ (emphasis added).”); Dixon v. … Section 2254(d)(1) provides that habeas relief shall not be afforded unless a state court reached a result "that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined

Waeschle v. Dragovic

576 F.3d 539 · Court of Appeals for the Sixth Circuit · Aug 14, 2009

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Id. (citation omitted). … She also contends that the cornea cases serve to satisfy the second prong of Saucier' s qualified-immunity analysis because they allegedly demonstrate that the right to her mother’s brain was clearly established.

Soto v. Gaudett

862 F.3d 148 · Court of Appeals for the Second Circuit · Jul 5, 2017

or constitutional right that was clearly established at 19 the time of the challenged conduct.'" … The Taser Deployments by Stepniewski and Robinson 7 Although Stepniewski and Robinson argue that they too were entitled to summary 8 judgment based on qualified immunity because it was not clearly established

Burnham v. Ianni

119 F.3d 668 · Court of Appeals for the Eighth Circuit · Jul 11, 1997

Long, 72 F.3d 70, 73 (8th Cir.1995), "[t]his court has taken a broad view of what constitutes 'clearly established law' for the purposes of a qualified immunity inquiry." … test, it can rarely be considered 'clearly established' for purposes of the Harlow qualified immunity standard." 21 Id. at 916 (emphasis added) (quoted in Grantham v.

Travis Rickey Childress, Slaton Jenkins Childress, Gary Dennis Childress v. Small Business Administration, A.G. McClearen and Clyde Rice, Jr.

825 F.2d 1550 · Court of Appeals for the Eleventh Circuit · Aug 31, 1987

We nonetheless conclude that appellants were entitled to qualified immunity for their actions because they did not act to deny the Childresses this property interest in violation of a clearly-established constitutional norm … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Id. at 2816.

Luis O. Juarbe-Angueira v. Luis Rafael Arias, Director of the Public Building Authority

831 F.2d 11 · Court of Appeals for the First Circuit · Sep 29, 1987

the law defining those rights was “clearly established in plaintiff’s favor.” … And, we have said more specifically that a defendant faced with a political discharge claim enjoys qualified immunity unless, at the time of dismissal, “it was clearly established that employees in the particular positions

Cárdenas v. Muangman

998 A.2d 303 · District of Columbia Court of Appeals · Jun 17, 2010

Analysis of Appellants’ Expert’s Testimony Because the requirements for qualifying an expert to testify and assessing the qualified expert’s testimony for sufficiency overlap, they are susceptible to being confused. … apply District of Columbia law (and therefore allow Camacho’s claim to proceed) under the conflict of laws analysis used in that state. 10 The “potential interests of the jurisdictions involved,” Stutsman, 546 A.2d at 374, clearly

LaShay v. DEPT. OF SOCIAL & REHAB. SERV.

625 A.2d 224 · Supreme Court of Vermont · Jan 15, 1993

We have recognized two degrees of official immunity: absolute *227 immunity and qualified immunity. Id., 151 Vt. at 184-85 , 559 A.2d at 1078 . … "Good faith exists where an official's acts did not violate clearly established rights of which the official reasonably should have known." Murray v. White, 155 Vt. 621, 630 , 587 A.2d 975, 980 (1991).

MICHAEL DOLINSKI v. BOROUGH OF WATCHUNG (L-1080-19, SOMERSET COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 8, 2022

Plaintiff argues the motion judge erred in granting defendant Cina qualified immunity. Citing Morillo v. … State, 230 N.J. 84, 98 (2017) (holding a governmental official is entitled to qualified immunity unless it is established that a clearly established constitutional right was violated).

Shafer v. County of Santa Barbara

868 F.3d 1110 · Court of Appeals for the Ninth Circuit · Aug 29, 2017

The panel nevertheless held that the officer was entitled to qualified immunity because, at the time the incident occurred, the law was not clearly established that an officer cannot progressively increase his use of force … Prong Two: Clearly Established Law Deputy Padilla may nonetheless be entitled to a qualified immunity defense if Shafer’s Fourth Amendment rights were not clearly established at the time Deputy Padilla committed the

Elaine Thompson v. Ulenzen King

730 F.3d 742 · Court of Appeals for the Eighth Circuit · Sep 20, 2013

a constitutional or statutory right; and (2) [whether] the right was clearly established at the time of the deprivation." … Therefore, because the constitutional right was clearly established, the district court properly denied Officer King qualified immunity. III.

Anna Wealot v. Alvin Brooks

865 F.3d 1119 · Court of Appeals for the Eighth Circuit · Aug 4, 2017

Section 1983 Claims Qualified immunity protects government officials from incurring civil liability as long as “‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To overcome the shield of qualified immunity, a plaintiffs claim must state a violation of a clearly established federal right, and that right must have been clearly established at the time of the violation. See Nord v.