Case law

Turpin v. District of Columbia

District Court, District of Columbia · Mar 27, 2024

Thus, an officer conducting a search “is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.” Pearson, 555 U.S. at 243–44. … But even putting aside the different facts that case presented, a decision of a district court cannot clearly establish the law for qualified immunity purposes.

Harris v. Champion

51 F.3d 901 · Court of Appeals for the Tenth Circuit · Mar 30, 1995

[T]he plaintiff must do more than identify in the abstract a clearly established right and allege that the defendant has violated it. … , or establish that defendants’ actions were clearly prohibited at the time they were taken. 5 See id.

Hill v. Washington State Department of Corrections

628 F. Supp. 2d 1250 · District Court, W.D. Washington · Mar 31, 2009

Second, Plaintiffs contend that no individual Defendant is entitled to qualified immunity because a reasonable person would know that enforcing the DOC Policy violates a clearly established constitutional right. … Qualified Immunity Defendants also urge that they are entitled to qualified immunity because Plaintiffs have not alleged violation of a clearly established constitutional right and the pre-conviction eligibility requirement

Sophia Wilansky v. Morton County, North Dakota

Court of Appeals for the Eighth Circuit · Jun 24, 2026

To overcome qualified immunity, Wilansky must point to law clearly establishing that Officer Moll seized her. Keup, -7- 159 F.4th at 538. … But because qualified immunity is at issue, she has to show that violation was clearly established. See, e.g., Webster v. St.

Jenny Wernsing, Charles Bingaman and Troy Cannon v. Odell Thompson, Jr.

423 F.3d 732 · Court of Appeals for the Seventh Circuit · Sep 9, 2005

The district court also rejected Thompson’s claim of qualified immunity, holding that it was clearly established that Thompson’s alleged actions restricting or retaliating against plaintiffs’ speech on matters of public concern … If the clearly established question could be resolved merely by observing that unjustified prior restraints on speech are prohibited, then no defendant could ever prevail on the clearly established prong of the qualified

Ying Jing Gan v. The City Of New York

996 F.2d 522 · Court of Appeals for the Second Circuit · Jun 1, 1993

Such qualified immunity from suit is appropriate if a prosecutor's conduct does not violate clearly established statutory or constitutional rights which a reasonable person would have known. Harlow v. … We held that the prosecutor was entitled to qualified immunity because he had no clearly established duty to protect at the time of the witness's death in 1982. Id. at 102 .

Altony Brooks v. Captain Jacumin

924 F.3d 104 · Court of Appeals for the Fourth Circuit · May 10, 2019

In the alternative, the officers invoked qualified immunity: Even if Brooks’s Eighth Amendment rights had been violated by the malicious use of force, they contended, the law was not so clearly established that they would … immunity grounds because the law did not clearly establish that violation.

Fountain v. Talley

104 F. Supp. 2d 1345 · District Court, M.D. Alabama · Feb 25, 2000

Collier clearly establishes the law. … The law can be "clearly established” for qualified immunity purposes only by decisions of the United States Supreme Court, the Eleventh Circuit Court of Appeals or the highest court of the state where the case arose.

Anastasio v. WEST ORANGE TP. PLAN. BD.

197 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Sep 10, 1984

Since the trial court at the motion to dismiss the complaint had held that the affirmative defense of qualified immunity was available, the next issue to confront the court is the one dealing with qualified immunity. … It then became the task of the Supreme Court to set guidelines for defining the scope of qualified immunity. The guidelines for the scope of qualified immunity were established in the case of Wood v.

Pace v. City of Palmetto

489 F. Supp. 2d 1325 · District Court, M.D. Florida · Jun 12, 2007

In this Circuit, the law may be “clearly established” for qualified immunity purposes only by opinions from the United States Supreme Court, the Eleventh Circuit Court of Appeal, or the highest court of the state in whose … Therefore, based on the particular *1336 factual circumstances in which Ahler acted and the lack of “clearly established” case law, this Court concludes that Ahler is entitled to qualified immunity on Pace’s § 1983 claim.

Craighead v. Lee

399 F.3d 954 · Court of Appeals for the Eighth Circuit · Feb 18, 2005

Paul moved for summary judgment based on qualified immunity as to the Section 1983 claims and based on official immunity as to the state-law claims. … Wilson held that summary judgment on qualified immunity was inappropriate because "[t]he current record does not conclusively establish the reasonableness of the officers' actions or beliefs." Wilson, 293 F.3d at 454.

Walton v. NM State Land Office

821 F.3d 1204 · Court of Appeals for the Tenth Circuit · Apr 19, 2016

Powell submits that his actions weren’t clearly forbidden by existing law at the time he took them so he’s entitled to qualified immunity. … Powell rightly notes that, to avoid a qualified immunity defense, a plaintiff must show not only that her federal constitutional or statutory rights were violated but also that they were so “clearly established” at the

D.M. v. State

25 Neb. Ct. App. 596 · Nebraska Court of Appeals · Mar 13, 2018

Qualified immunity provides a shield from liability for public officials sued under 42 U.S.C. § 1983 (2012) in their individual capacities, so long as the official’s conduct does not violate clearly established … clearly established statutory or constitutional rights of which a reasonable person would have known.

Al Shimari v. CACI International, Inc.

679 F.3d 205 · Court of Appeals for the Fourth Circuit · May 14, 2012

The Iqbal Court concluded that whether a particular constitutional right was clearly established for qualified immunity purposes presents an abstract issue of law that permits an appeal at the' dismissal stage. … established constitutional right); Winfield, 106 F.3d at 530 (recognizing jurisdiction over appeal of denial of qualified immunity insofar as district court ruled on summary judgment that asserted legal right was clearly

Cox v. Maine State Police

324 F. Supp. 2d 128 · District Court, D. Maine · May 27, 2004

The crux of the defendants’ objection is the third component of qualified immunity: whether an objectively reasonable officer would have understood that the arrest violated Cox’s clearly established constitutional right to … in the qualified immunity analysis.

Ohio Ex Rel. Manuel v. Ohio Department of Health

810 F. Supp. 928 · District Court, S.D. Ohio · Dec 2, 1992

An official is entitled to qualified immunity if his actions are objectively reasonable in light of clearly established law. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … Defendants have qualified immunity unless Plaintiff’s “rights were so clearly established when the acts were committed that any officer in the [Defendant’s position, measured objectively, would have clearly understood that

John Paff v. George Kaltenbach

204 F.3d 425 · Court of Appeals for the Third Circuit · Feb 28, 2000

Fields, 178 F.3d 170, 174 (3d Cir. 1999). 17 A court presented with a claim of qualified immunity must examine both the law that was clearly established at the time of the alleged violation and the facts available to the … a right to leaflet peacefully where they were. 59 When an officer violates clearly established law and the facts reasonably known by the officer indisputably show that the officer's conduct was illegal, qualified immunity

Williams v. Goldsmith

4 F. Supp. 2d 1112 · District Court, M.D. Alabama · Apr 29, 1998

The Clearly Established Law. In Jenkins v. … immunity, which turns on whether the officer violated clearly established law.

William C. Wardlaw v. William R. Pickett, Deputy United States Marshal

1 F.3d 1297 · Court of Appeals for the D.C. Circuit · Dec 6, 1993

Qualified immunity protects a government official from suits for damages if the official’s conduct did not violate clearly established rights of which a reasonable person would have known. Harlow v. … In general, qualified immunity extends to “government officials performing discretionary functions ... insofar as their conduct does not violate clearly established ... rights of which a reasonable person would have known

Kevin Lamar Adams Bobbie Adams v. City of Auburn Hills, a Municipal Corporation, John Backstrom

336 F.3d 515 · Court of Appeals for the Sixth Circuit · Jul 21, 2003

Qualified Immunity As the Supreme Court explained in Harlow v. … Whether a defendant is entitled to qualified immunity depends on: “(1) whether the facts taken in the light most favorable to plaintiff could establish a constitutional violation; (2) whether the right was a ‘clearly established