Case law

Nicol v. Auburn-Washburn USD 437

231 F. Supp. 2d 1092 · District Court, D. Kansas · Nov 1, 2002

Qualified Immunity Qualified immunity protects state actors from liability when acting within the scope of their employment. … Ordinarily, for a law to be clearly established, “there must be a Supreme Court or Tenth Circuit decision" on point, or the clearly established weight of authority from other courts must have found the law to be as the plaintiff

Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King United States of America, David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger, Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King United States of America, David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger, Tina Marie Sellers, by and Through Her Guardian, Natural Mother, and Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King, United States of America David Vecera, National Park Ranger Edward Bridges, National Park Ranger Dennis Burnett, Chief Ranger

28 F.3d 895 · Court of Appeals for the Eighth Circuit · Aug 16, 1994

established under current law. 6 Accordingly, Vecera, Bridges, Burnett, and King are entitled to qualified immunity. … We hold that the conduct of the officers did not violate a clearly established constitutional right of which a reasonable officer would have known, and the officers therefore are entitled to qualified immunity.

Meyer v. Woodward

617 F. Supp. 2d 554 · District Court, E.D. Michigan · Oct 9, 2008

Plaintiff argues that Defendant Woodward is not entitled to qualified immunity because of two clearly established rights. First, Plaintiff argues that he has a clearly established right to refuse medical treatment. … Defendants Woodward and Carter also assert that they are entitled to qualified immunity because any constitutional violation was not of a “clearly established right.”

Davis v. Powell

901 F. Supp. 2d 1196 · District Court, S.D. California · Oct 4, 2012

Qualified Immunity All of the Defendants argue they are entitled to qualified immunity from liability on the First and Fourteenth Amendment claims because they did not violate clearly established constitutional law, and they … Castro, 621 F.3d at 1199 (stating that courts can grant qualified immunity on the basis of the clearly established prong alone) (citing Rowlands, 606 F.3d at 651 ).

Stewart v. City of Prairie Village

904 F. Supp. 2d 1143 · District Court, D. Kansas · Oct 17, 2012

immunity, Plaintiff must show that the right was clearly established. 23 The Court “cannot find qualified immunity wherever we have a new fact pattern.” 24 The Tenth Circuit has “shifted the qualified immunity analysis from … A plaintiff must show a violation of a clearly established constitutional right for each defendant in a § 1983 suit who claims qualified immunity; 47 § 1983 does not give a plaintiff a right of action against an individual

Bernstein v. Lopez

321 F.3d 903 · Court of Appeals for the Ninth Circuit · Mar 4, 2003

We hold that no further facts need to be determined and that as a matter of law the defendants are protected by qualified immunity because the plaintiffs have no clearly established right to continue in their administrative … This property interest, they maintain, was “clearly established.”

Adkins v. Rodriguez

59 F.3d 1034 · Court of Appeals for the Tenth Circuit · Jul 6, 1995

Having raised the defense of qualified immunity, defendant then places the onus on the plaintiff to establish defendant has violated a clearly established law. Hovater v. Robinson, 1 F.3d 1063, 1066 (10th Cir.1993). … Because qualified immunity is an affirmative defense to a section 1983 action, providing immunity from suit from the outset, we have stated, "[t]he question of qualified immunity therefore dovetails almost precisely with

Potter v. Board of Regents

Nebraska Supreme Court · Mar 21, 2014

. § 20-148 (Reissue 2012) and that the managers are protected by qualified sovereign immunity because the alleged violation was not clearly established. … As to Bockstadter and Losee, the court found that the constitu- tional right allegedly violated had not been clearly established and that thus, the claim was barred by qualified immunity.

State v. Andrews

424 S.C. 304 · Court of Appeals of South Carolina · Jul 18, 2018

On appeal, Andrews argues the circuit court erred in (1) denying him immunity under the Protection of Persons and Property Act 1 **308 (the Act) due to inconsistent witness testimony, (2) refusing to qualify Investigator … He stated shootings typically caused "memory fragmentation[, a]nd after a couple of sleep cycles[,] you're able to consolidate your memories" and remember the event more clearly.

Brown v. City of Atlanta

284 F. Supp. 3d 1326 · District Court, N.D. Georgia · Jan 9, 2018

Thus, the court now considers whether those rights were clearly established. … Accordingly, because Brown has pointed to clearly established law that prohibits the alleged conduct, the Individual Defendants are not entitled to qualified immunity, and their motion for summary judgment must be DENIED.

Batyukova v. Doege

994 F.3d 717 · Court of Appeals for the Fifth Circuit · Apr 21, 2021

We AFFIRM the grant of qualified immunity and summary judgment. … An officer is entitled to qualified immunity if the officer’s conduct either did not violate a federal right of the plaintiff or that right was not clearly established at the time of the relevant events.

Scocca v. Smith

912 F. Supp. 2d 875 · District Court, N.D. California · Dec 17, 2012

This' is because, for qualified immunity, the Court must consider what the clearly established law was at the time of the sheriffs decision to deny Mr. Scocca’s application for a CCW license. … “Clearly established” for purposes of qualified immunity means that “the contours of the right must be sufficiently clear that a reasonable official' would understand that what he is doing violates that right.

Radecki v. Barela

146 F.3d 1227 · Court of Appeals for the Tenth Circuit · Jun 24, 1998

Qualified immunity protects government officials from individual liability in a section 1983 action unless the officials violated clearly established constitutional rights. See Harlow v. … City and County of Denver, 960 F.2d 1493 (10th Cir. 1992), clearly established that Deputy Barela’s conduct was unconstitutional. Thus, the district court again denied qualified immunity to Deputy Barela.

Russell v. Coughlin

910 F.2d 75 · Court of Appeals for the Second Circuit · Aug 2, 1990

On the eve of trial, defendants moved for summary judgment arguing that because Russell had no clearly established liberty interest in remaining out of keeplock they were protected by qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official "if it was objectively reasonable for [the official] to believe that his acts did not violate those rights."

Chavez-Rodriguez v. City of Santa Fe

616 F. Supp. 2d 1145 · District Court, D. New Mexico · Feb 28, 2009

It is not clear from the briefing whether the Defendants are moving on an absence-of-evidence issue in. their qualified-immunity motion apart from whether the legal principles about causation are clearly established. … The question under the clearly established law step of qualified immunity is whether the “right at issue was clearly established at the time of defendant’s alleged misconduct.” Pearson v.

Michelle Mammaro v. DCP&P

Court of Appeals for the Third Circuit · Feb 19, 2016

This is why caseworkers are protected by qualified immunity unless clearly established law puts them on notice that their conduct is a violation of the Constitution. … In this case, there was no such clearly established law, and qualified immunity covers the Division’s caseworkers.

Kevin Richardson v. Donald Selsky, Clement Capuano, William Fenton, Bernard Lonczak

5 F.3d 616 · Court of Appeals for the Second Circuit · Sep 22, 1993

Public officials are entitled to qualified immunity from liability for civil damages so long as their conduct does not violate a clearly established statutory or constitutional right. See Harlow v. … In Rejecting the officer’s qualified immunity defense, we concluded that an “inmate’s right not to be adjudicated guilty without some evidence to support that finding was clearly established by 1988, when the hearing occurred

Johnson-El v. Schoemehl

878 F.2d 1043 · Court of Appeals for the Eighth Circuit · Jul 17, 1989

of clearly established law. … Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 (1987) (to overcome qualified immunity, a plaintiff must allege that the official violated a clearly established right, the contours of which are sufficiently clear that

Jeffrey Moldowan v. Maureen Fournier

570 F.3d 698 · Court of Appeals for the Sixth Circuit · Jul 1, 2009

Defendants’ Qualified Immunity Claims Generally speaking, the rationale underlying the qualified immunity doctrine is that, “where an official’s duties legitimately require action in which clearly established rights are not … qualified immunity.

Eric Thurairajah v. Trooper Lagarian Cross

3 F.4th 1017 · Court of Appeals for the Eighth Circuit · Jul 2, 2021

-4- Specifically, he asserts that, under Arkansas law, “malice” is equated with the “clearly established” prong of federal qualified immunity and that no analysis of Trooper Cross … established, and raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right.