Case law

Mattos v. Agarano

590 F.3d 1082 · Court of Appeals for the Ninth Circuit · Jan 12, 2010

clearly established right. … The doctrine of qualified immunity shields the officers “from liability for civil damages [unless their conduct violated] clearly established statutory or constitutional rights of which a reasonable person would have known

Robert W. Fowler v. Armond Cross, Commissioner of Florida Parole Board

635 F.2d 476 · Court of Appeals for the Fifth Circuit · Jan 27, 1981

Navarette, 434 U.S. at 562 , 98 S.Ct. at 859 , the Supreme Court said: 9 [T]he [qualified] immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established … The district court’s finding of qualified immunity is clearly erroneous and is reversed. III.

Houston v. Tucker

137 F. Supp. 2d 1326 · District Court, N.D. Georgia · Jun 1, 2000

the defendant violated clearly established law. … To overcome qualified immunity, the plaintiffs must show that: (1) the defendant violated a federal constitutional right; and (2) the right was clearly established at the time of the violation. See Santamorena v.

Rayfield v. Grand Rapids, City of

373 F. Supp. 3d 962 · District Court, W.D. Michigan · Jul 17, 2018

If either factor is not satisfied, qualified immunity shields the officer from damages. … . *970 In sum, "[t]o survive [a] motion to dismiss on qualified-immunity grounds, the plaintiff must allege facts that 'plausibly mak[e] out a claim that the defendant's conduct violated a constitutional right that was clearly

Garcia-Rodriguez v. Gomm

169 F. Supp. 3d 1221 · District Court, D. Utah · Aug 14, 2016

Qualified Immunity “Public officials are immune from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at the. time of the challenged conduct.” … Pursuant to Quinn , 780 at 1004, the court determines that this issue is most efficiently resolved by first analyzing the “clearly established” prong of the SLC Defendants’ qualified immunity defense.

Jones v. Wildgen

349 F. Supp. 2d 1358 · District Court, D. Kansas · Dec 14, 2004

To defeat qualified immunity, plaintiff must allege a clearly established right and allege that defendant violated it. The allegations, however, need not contain specific dates and times of each alleged infraction. … For purposes of qualified immunity, the next question is whether plaintiffs’ rights under the Fourth and Fourteenth Amendments were clearly established at the time of the alleged violations.

Doran by and Through Doran v. Condon

5 F. Supp. 2d 1067 · District Court, D. Nebraska · May 26, 1998

Qualified immunity is a question of law. … Thus, the defendants are entitled to qualified immunity. B. Count II S.

Linbrugger v. Abercia

363 F.3d 537 · Court of Appeals for the Fifth Circuit · Mar 22, 2004

Qualified immunity protects public officers from suit if them conduct does not violate any “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … First, we must determine whether the facts, either as the plaintiff alleges or as proved without dispute, establish that the officer violated a clearly established constitutional right. Price v.

Orange v. County of Grundy

950 F. Supp. 1365 · District Court, E.D. Tennessee · Apr 12, 1996

legal rules that were “clearly established” at the time it was taken. … that their conduct violated any of plaintiffs’ clearly established constitutional rights.

Sterling Hotels, LLC v. Scott McKay

Court of Appeals for the Sixth Circuit · Jun 22, 2023

To overcome McKay’s assertion of qualified immunity at this stage, Sterling need only plausibly allege that McKay violated its clearly established constitutional rights. … McKay’s potential individual liability for a regulatory takings claim was not clearly established when he sealed the elevators. That means McKay is entitled to qualified immunity on this claim.

Melton v. City of Oklahoma City

879 F.2d 706 · Court of Appeals for the Tenth Circuit · Jun 21, 1989

We hold that in so doing, Chief Gramling violated clearly established law and cannot claim the protection of qualified immunity on retrial. 3. … established law and qualified immunity may not be available to them.

Aupperlee v. Coughlin

97 F. Supp. 2d 336 · District Court, E.D. New York · May 31, 2000

Layne, 526 U.S. 603 , 119 S.Ct. 1692, 1697 , 143 L.Ed.2d 818 (1999) (quotation omitted). “ ‘Clearly established’ for qualified immunity purposes means that the contours of the right must be sufficiently clear that a reasonable … Even where the plaintiffs rights and the scope of the officials’ permissible conduct are clearly established, the qualified immunity defense protects a governmental actor if it was “objectively reasonable” for the actor to

Clarence Jason v. James LeBlanc

938 F.3d 191 · Court of Appeals for the Fifth Circuit · Sep 9, 2019

The defendants moved for summary judgment, asserting qualified immunity. The district court granted Secretary LeBlanc qualified immunity. But it denied qualified immunity to Ladner, Pierce, and Tanner. … Plaintiffs can go to trial if they show that the official violated their clearly established right. 11 In other words, it’s a two-prong test— (1) whether the official violated a right; and (2) whether that right was clearly

Doug Morgan v. Plano Independent School Dist

Court of Appeals for the Fifth Circuit · Apr 2, 2014

To overcome the qualified immunity defense at the pleading stage, Morgan must allege that the objectionable conduct violated a right that was “clearly established at the time.” Pearson v. … The prior cases had so clearly established the law that the plaintiff was able to overcome the presumption in favor of qualified immunity. Id. at 1030.

Mathis v. COUNTY OF LYON

633 F.3d 877 · Court of Appeals for the Ninth Circuit · Feb 1, 2011

The right to notice and hearing prior to a public official’s administrative taking of property is clearly established. See, e.g., Fuentes v. … Glover was not entitled to qualified immunity because the law was clearly settled. 2 AFFIRMED. . The granting of qualified immunity is reviewed only as a part of an appeal of a final judgment. .

Opinion Number

Louisiana Attorney General Reports · Sep 18, 2001

Second is qualified immunity, which protects an official from liability unless the official clearly violates an established statutory or constitutional right. The court in Lucas v. Parish of Jefferson , 999 F. … Under this rationale, a person, such as a prosecutor, could have absolute immunity for some of his conduct but only qualified immunity for other of his job-related activities.

Michael Alexander v. Mark McKinney

692 F.3d 553 · Court of Appeals for the Seventh Circuit · Aug 8, 2012

“Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known.” Fleming v. … Claims of qualified immunity involve two questions: (1) whether the official’s con- duct violated a constitutional right, and (2) whether the right was clearly established at the time. Surita v.

David Evans v. Patrick Baker

703 F.3d 636 · Court of Appeals for the Fourth Circuit · Dec 17, 2012

Qualified immunity protects government officials from suit for damages when their conduct does not violate a “clearly established” constitutional right. See Harlow v. … To escape dismissal of a complaint on qualified immunity grounds, a plaintiff must (1) allege a violation of a right (2) that is clearly established at the time of the violation. See Pearson v.

Bombace v. City of Newark

125 N.J. 361 · Supreme Court of New Jersey · Aug 7, 1991

other antecedent or surrounding conduct might constitute acts or action that would otherwise be subject to the qualified immunity. … In construing the Act, this Court has respected that legislative policy to establish immunity as the general rule. E.g., Rochinsky v. State, 110 N.J. 399, 407-08 , 541 A. 2d 1029 (1988).

William C. Bennett, AKA John A. Richardson v. Garrison A. Parker, Warden, Robert M. Jackson, Officer, Daniel W. Cooper, Officer

898 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

Although intertwined with issues of jurisdiction and qualified immunity, this appeal concerns the severity of injury to an inmate required to establish a constitutional claim of excessive use of force. … The doctrine of qualified immunity accomplishes a similar purpose by shielding public officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable