Case law

A.B. ex rel. B.S. v. Adams-Arapahoe 28J School District

831 F. Supp. 2d 1226 · District Court, D. Colorado · Nov 28, 2011

Was the constitutional violation clearly established? Rice has asserted qualified immunity as a defense to these claims. Thus, she is liable only if her actions violated a clearly established constitutional right. … Burke also asserts qualified immunity. Therefore, she is liable for these constitutional violations only if they were clearly established at the time they were committed.

Harris v. Coweta County

433 F.3d 807 · Court of Appeals for the Eleventh Circuit · Dec 23, 2005

The defendants having established their eligibility for qualified immunity, the burden then shifts to the plaintiff to show that qualified immunity is not appro *812 priate. Lee, 284 F.3d at 1194 . … Is Scott entitled to qualified immunity?

Doe v. City of Chicago

883 F. Supp. 1126 · District Court, N.D. Illinois · Nov 16, 1994

Qualified Immunity Dr. Bransfield moves to dismiss the Section 504 claim against him on grounds of qualified immunity. … The doctrine of qualified immunity protects government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights

Nicole Howell v. Rob Sanders

668 F.3d 344 · Court of Appeals for the Sixth Circuit · Feb 2, 2012

issue [] ‘clearly established’ at the time of [the] defendant’s alleged misconduct.” … The only remaining inquiry to establish qualified immunity under Kentucky law is whether the facts suggest that Sanders acted in bad faith. See Rowan Cnty., 201 S.W.3d at 475.

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.

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 ).

Eastland County Cooperative Dispatch, Eastland County, and the City of Gorman v. Elnor Maxine Poyner, Individually and as Independent of the Estate of William Euell Poyner, and as Sole Heir of William Euell Poyner

Texas Court of Appeals, 11th District (Eastland) · Oct 25, 2001

The motions for summary judgment implicated the doctrines of sovereign immunity, official immunity, and qualified immunity. … Was that general prohibition the source for clearly established law which the officers violated in this case?

Kovats v. Rutgers, The State University

822 F.2d 1303 · Court of Appeals for the Third Circuit · Jun 30, 1987

The Rutgers officials concede that were it clearly established that Rutgers’ regulations provide for de facto tenure by length of service, they would not be entitled to qualified immunity because Perry and Roth established … The court found that Varma’s claim implicated this clearly established law and, for that reason, denied Rutgers’ motion for summary judgment on the qualified immunity issue.

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.

Rucker v. Marshall

119 F.4th 395 · Court of Appeals for the Fifth Circuit · Oct 14, 2024

To deny qualified immunity, a district court must find “that the alleged conduct amounts to a constitutional violation” and that “the right was clearly established at the time of the conduct.” Buehler v. … To establish excessive force, a plaintiff must show “(1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly unreasonable.” Byrd v.

State of Michigan v. Brandon McQueen

Michigan Supreme Court · Feb 8, 2013

’s immunity provision clearly contemplates that a registered qualifying patient’s medical use of marijuana only occur for the purpose of alleviating his own debilitating medical condition or symptoms associated with his … they are clearly erroneous.31 A ruling is clearly erroneous “if the reviewing court is left with a definite and firm conviction that the trial court made a mistake.”32 III.

Neague v. Cynkar

258 F.3d 504 · Court of Appeals for the Sixth Circuit · Jul 25, 2001

Id. 14 This court has held that the right to be free from excessive force is a clearly established Fourth Amendment right. Walton v. City of Southfield, 995 F.2d 1331, 1342 (6th Cir. 1993). … It would not be necessary to make a qualified immunity analysis.

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.

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.

Stoneking v. Bradford Area School District

882 F.2d 720 · Court of Appeals for the Third Circuit · Aug 16, 1989

Bradford Area School Dist., 667 F.Supp. 1088, 1098 (W.D.Pa.1987). *723 On appeal, defendants argued that they were entitled to qualified immunity because they had no clearly established duty to protect Stoneking, and therefore … The defendants are entitled to qualified immunity if reasonable officials in the defendants’ position at the relevant time could have believed, in light of clearly established law, that their conduct comported with established

Fleming v. State Department of Public Safety

237 Ariz. 414 · Arizona Supreme Court · Jul 9, 2015

Before trial, DPS moved for a jury instruction on qualified immunity under § 12-820.02(A)(7). … , qualified immunity, and affirmative defenses for public entities and employees).

Thomas Patrick Walsh v. Nicholas Mellas and Harry Martin

837 F.2d 789 · Court of Appeals for the Seventh Circuit · Jan 21, 1988

It was not “plain error” for the district court to deny Mellas and Martin qualified immunity. … Defendants’ delay in pursuing the qualified immunity issue has frustrated these important goals.

Gessner v. City of Union

159 Ohio App. 3d 43 · Ohio Court of Appeals · Oct 8, 2004

Subsequently, the trial court granted the motion to dismiss on the latter two grounds, but overruled the motion to the extent that it was based on Union’s qualified immunity. … .” {¶ 31} Discharge is clearly a matter that stems from an employment relationship.

Andy Thayer v. Ralph Chiczewski

705 F.3d 237 · Court of Appeals for the Seventh Circuit · Sep 18, 2012

“Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights Nos. 10-1974 & 10-2064 15 of which a reasonable … “Qualified immunity shields government officials from civil damages liability unless the official violated a statu- tory or constitutional right that was clearly established at the time of the challenged conduct.” Id.

Caddell v. Campbell

District Court, S.D. Ohio · May 28, 2021

Separately, he argues that even if a jailor could bear legal liability in that setting, it was not clearly established that a jailor could, and thus qualified immunity is warranted. (Id. at #209–213). … To succeed on his qualified immunity defense, on the other hand, Jones must establish that Cadell failed to allege that Jones’s “conduct violated a constitutional right that was clearly established law at the time.”