Case law

Rhodes v. Robinson

408 F.3d 559 · Court of Appeals for the Ninth Circuit · Apr 25, 2005

Rowland, 65 F.3d 802 , 806 & n. 4 (9th Cir.1995) ("[T]he prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes. … must first reiterate our firm recognition that "the prohibition against retaliatory punishment is `clearly established law' in the Ninth Circuit, for qualified immunity purposes."

Axson-Flynn v. Johnson

356 F.3d 1277 · Court of Appeals for the Tenth Circuit · Feb 3, 2004

“Qualified immunity shields public officials from [section] 1983 liability if their actions did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Because the law is clearly established and there exists a material factual issue as to the objective reasonableness of Defendants’ actions, the qualified immunity defense to the free speech claim must fail on summary judgment

Kirby Ingram v. Louis Kubik

Court of Appeals for the Eleventh Circuit · Apr 7, 2022

If a defend- ant advances the affirmative defense of qualified immunity, the dis- trict court must dismiss any claims that fail to allege a violation of clearly established law. See id. … The officers are entitled to qualified immunity if the plaintiff fails to show either that there was some constitutional violation or that it was clearly established, and we may consider these two elements in either order

Richards v. Metropolitan Police Department Officer Jennifer Gelsomino

240 F. Supp. 3d 173 · District Court, District of Columbia · Mar 3, 2017

“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 … On the facts as currently alleged, then, Gelsomino is not entitled to qualified immunity because she violated a clearly established constitutional right when she arrested Richards without a warrant or probable cause.

Parks v. Warren Correctional Institution

51 F. App'x 137 · Court of Appeals for the Sixth Circuit · Nov 13, 2002

allegedly infringed was “clearly established[.]” … cannot review the issue of qualified immunity.

Edwards v. Quiros

986 F.3d 187 · Court of Appeals for the Second Circuit · Jan 27, 2021

Qualified immunity shields government officials from liability for civil damages as long as the officials’ conduct “does not violate clearly established statutory or constitutional rights of which … a reasonable person would have known.” 1 Because the district court found that prisoners do not have a clearly established right “to recreate free from restraints,” it granted qualified immunity to the defendants. 2

C.B. v. Sonora School District

691 F. Supp. 2d 1123 · District Court, E.D. California · Sep 22, 2009

Qualified Immunity. … Qualified immunity serves to shield 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 would

Mahoney v. Hankin

844 F.2d 64 · Court of Appeals for the Second Circuit · Apr 12, 1988

clearly established at the time of the conduct in issue.” … In evaluating Hankin’s qualified immunity defense to these allegations, we must assess the “objective legal reasonableness” of his actions “in light of the legal rules that were ‘clearly established’ at the time [those actions

McGovern v. City of Minneapolis

480 N.W.2d 121 · Court of Appeals of Minnesota · Jan 21, 1992

Qualified immunity The individual officers argue they are entitled to qualified immunity against respondents’ claims under 42 U.S.C. § 1983 . We agree. … Whether qualified immunity exists turns on whether the officials violated clearly-established statutory or constitutional rights, the existence of which a reasonable person would have known.

Aczel v. Labonia

92 F. App'x 17 · Court of Appeals for the Second Circuit · Feb 12, 2004

facts plaintiff invokes constitutional rights that were clearly established at the time of the event. … established at the time.

Wendell Domina v. George VanPelt

235 F.3d 1091 · Court of Appeals for the Eighth Circuit · Dec 26, 2000

show a violation of clearly established law. … The commissioners would nonetheless be protected by qualified immunity if in early 1998 (the time of their alleged misconduct) it was not clearly established that the speech in which Mr.

Henderson v. City of Philadelphia

853 F. Supp. 2d 514 · District Court, E.D. Pennsylvania · Mar 30, 2012

Qualified Immunity Defense counsel argues that Gress is entitled to qualified immunity. … Clearly, his actions were not objectively reasonable and were not done in good faith. Counsel has not provided any other reason why Gress would be entitled to qualified immunity.

Knight Ex Rel. Kerr v. Miami-Dade County

856 F.3d 795 · Court of Appeals for the Eleventh Circuit · May 5, 2017

As this Court has often observed, “qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional … “[T]o receive qualified immunity, an official must first establish that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.”

Velharticky v. Independent School District No. 3 of Roger Mills County

846 F. Supp. 941 · District Court, W.D. Oklahoma · May 17, 1993

Therefore, the Court grants summary judgment in favor of all Defendants and against Plaintiff. 2 QUALIFIED IMMUNITY Qualified immunity is available to government officials unless they violate clearly established statutory … Clearly, the board members receipt of complaints and other investigative activities does not violate a clearly established law.

Arce v. Childrens Hospital Los Angeles

211 Cal. App. 4th 1455 · California Court of Appeal · Dec 17, 2012

Thus, Congress clearly intended to authorize immunity for reporters in order to encourage more extensive reporting. … Under section 1983, government officials are generally entitled to “qualified immunity,” which “shields [them] from liability for civil damages if (1) the law governing the official’s conduct was clearly established; and

McPherson v. Auger

842 F. Supp. 25 · District Court, D. Maine · Jan 6, 1994

Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (establishing the standard for assessing whether an officer is shielded from civil liability suits by qualified immunity). … Hence, Defendant Auger is protected by qualified immunity from Plaintiffs civil damages suit.

Reed v. Garden City Union Free School District

987 F. Supp. 2d 260 · District Court, E.D. New York · Dec 16, 2013

Qualified immunity protects an official from civil liability if their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Taravella v. … When evaluating whether qualified immunity applies, the court must engage in a two-part inquiry: 1) whether the constitutional right has been violated; and 2) whether that right was clearly established at the time of the

Smothers v. Gibson

778 F.2d 470 · Court of Appeals for the Eighth Circuit · Nov 27, 1985

ANALYSIS Whether an official may prevail in his qualified immunity defense depends upon the “objective unreasonableness of [his] conduct as measured by reference to clearly established law.” … The Cummins Unit argues that it should be accorded qualified immunity from liability for damages because the law of prison visitor strip searches was not clearly established in 1981.

Thomas v. Murray

107 F. Supp. 2d 748 · District Court, N.D. Texas · May 31, 2000

Murray contends that he is entitled to qualified immunity because his actions did not violate clearly established federal law. … clearly established in June 1996.

Courtney Richmond v. City of Brooklyn

490 F.3d 1002 · Court of Appeals for the Eighth Circuit · Jun 21, 2007

“Qualified immunity protects a government official from liability in a section 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would … Therefore, we proceed directly to the second prong of the qualified immunity analysis, which asks whether the asserted constitutional right was clearly established.