Case law

SIMS EX REL. SIMS v. Glover

84 F. Supp. 2d 1273 · District Court, M.D. Alabama · Dec 9, 1999

Second, Defendants contend that, because Sims has not alleged deprivations of clearly established constitutional rights, they are immune from suit under the well-established doctrine of qualified immunity. (Mem. at 3.) … Similarly, “[u]nder the qualified immunity defense, the defendants are immune from liability if [Sims’ Amended Complaint] fails to state a violation of a ‘clearly established ... constitutional right[ ] of which a reasonable

Wachtler v. County of Herkimer

35 F.3d 77 · Court of Appeals for the Second Circuit · Sep 9, 1994

We have held that the Fourth Amendment proscription of strip-searches of misdemean- or arrestees without reasonable suspicion is clearly enough established to preclude the defense of qualified immunity. … Thus, the individual defendants involved in the strip-search are entitled to qualified immunity. 2 Herkimer County, however, does not have qualified immunity, Owen v.

Jamel Walker v. James H. Gomez Kingston W. Prunty R.R. Rath, Correctional Sergeant

370 F.3d 969 · Court of Appeals for the Ninth Circuit · Jun 7, 2004

Defendants also assert that they are entitled to qualified immunity. 6 Under Saucier v. … Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), we undertake a two-step inquiry in determining whether qualified immunity applies.

Andres M. Martinez v. G.D. Stanford W. Owen M. Atkinson D. Rockholt J. Stovall

323 F.3d 1178 · Court of Appeals for the Ninth Circuit · Mar 26, 2003

Martinez’s attorney declares that she assumed that the officers’ motion would be denied because Saucier did not establish the officers’ qualified immunity as a matter of law. … The district court correctly stated the two-part test for qualified immunity announced in Saucier v.

Sherelle Thomas v. City of Harrisburg

88 F.4th 275 · Court of Appeals for the Third Circuit · Dec 6, 2023

The court rejected the Officers’ claims of qualified immunity because it found that Sherelle Thomas alleged sufficient facts to state her claims and both rights were clearly established at the time of the violations. … Clearly Established Right However, before the Officers can be denied qualified immunity from being sued for deliberate indifference to a serious medical need, the constitutional right violated must be clearly established

Mason ex rel. Marson v. Vasquez

5 F.3d 1226 · Court of Appeals for the Ninth Circuit · Oct 6, 1993

In so doing, the court placed more weight oh the deficiencies in Attorney Marson’s proof establishing ineompetency than on the government’s proof establishing competency.

Todero v. Blackwell

383 F. Supp. 3d 826 · District Court, S.D. Indiana · May 28, 2019

Because Officer *833 Blackwell relies on qualified immunity and the parties focus on whether his actions violated clearly established law, the Court exercises its discretion to begin with that prong of the qualified-immunity … Todero and (2) are regardless entitled to qualified immunity because they violated no clearly established right. Dkt. 116 at 19, 25. Ms.

Arlington Professional Fire Fighters International Association of Fire Fighters, AFL-CIO, Local 1329 David Crow, Shawn Graham, Joseph Markham, Edward Montague, Matthew Throne, and Adrian Rojas v. City of Arlington, Texas City of Arlington, Texas, City Council City of Arlington, Texas, Civil Service Commission Jim Ross, in His Official Capacity as Mayor of the City of Arlington Helen Moise, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council Ralph Gonzalez, in His Official Capacity as a Member of the City of Arlington, Texas, City Council Nikkie Hunter, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council

Texas Court of Appeals, 2nd District (Fort Worth) · Sep 16, 2021

It is not clearly established whether Burlington’s “materially adverse” standard applies to retaliation for protected speech. See Gibson . . . , 734 F.3d [at] 401 n.4 . . . … Saunders, 588 F.3d 282, 288 (5th Cir. 2009) (finding that the application of Burlington to First Amendment retaliation is not “clearly established”)[, abrogated on other grounds by Sims v.

Williams v. Bitner

455 F.3d 186 · Court of Appeals for the Third Circuit · Jul 25, 2006

We are asked to determine whether, for the purposes of qualified immunity, the conduct alleged by Williams constituted a violation of his "clearly established" rights. … Long, 72 F.3d 70, 72-74 (8th Cir.1995) (denying qualified immunity because Muslim inmates had a clearly established right not to be forced to handle pork); Kenner v.

Rodriques v. Furtado

410 Mass. 878 · Massachusetts Supreme Judicial Court · Aug 12, 1991

Qualified immunity. We consider first whether Furtado and Dr. Falkoff are immunized from liability as matter of law. We conclude that they are immunized. … While the plaintiff is correct when she argues that the Aguilar-Spinelli requirements were clearly established at the time Furtado applied for the warrant, that is not sufficient to preclude Furtado from using a qualified

Renay Hunter v. The District of Columbia

943 F.2d 69 · Court of Appeals for the D.C. Circuit · Aug 30, 1991

clearly established at the time of the alleged beating in 1986. … Because Hunter’s complaint alleges conduct coming between Norris and Martin , his claim is subject to the officer’s substantively distinct qualified immunity defense that arises from the change in the “clearly established

Rex Chappell v. R. Mandeville

706 F.3d 1052 · Court of Appeals for the Ninth Circuit · Jan 31, 2013

We hold that both Mandeville and Rosario are entitled to qualified immunity because the law at the time Chappell was on contraband watch did not clearly establish that their actions were unconstitutional. … Whether qualified immunity applies thus “turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.” Messerschmidt v.

Manganiello v. City of New York

612 F.3d 149 · Court of Appeals for the Second Circuit · Jul 23, 2010

Only the third aspect of the qualified immunity doctrine was genuinely at issue in the present case, for “[fjreedom from malicious prosecution is a constitutional right that has long been clearly established.” Kinzer v. … Although a mere mistake in the performance of an official duty may not deprive the officer of qualified immunity, the doctrine does not shield performance that either (a) was in violation of clearly established law, or (b

Hammond v. Kunard

148 F.3d 692 · Court of Appeals for the Seventh Circuit · Jun 11, 1998

Qualified Immunity The appellants next argue that them actions are protected by qualified immunity. … The doctrine of qualified immunity generally shields officials who perform discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

George Rakovich v. Gregory Wade and Darryl Drake, George Rakovich v. Chester Kass

850 F.2d 1180 · Court of Appeals for the Seventh Circuit · Jul 14, 1988

The parameters of the argument were clearly set: does a police officer in this situation enjoy a qualified immunity? … Nuclear Regulatory Commissioners, 747 F.2d 139, 148 (3d Cir.1984) (no qualified immunity if the defendant violated “a clearly established and well litigated general proposition in which the case at hand merely presents a

Richard Harrold v. Lewis Hagen

Court of Appeals for the Fourth Circuit · Apr 28, 2026

Officer Hagen invoked qualified immunity. The district court held that Officer Hagen was entitled to qualified immunity—because the relevant right was not clearly established— and dismissed the suit. … We determine whether an officer receives qualified immunity by asking two questions: (1) whether the officer violated a constitutional right, and (2) whether that right was clearly established.

Qaid Rafeeq Azeez and Abdullah Muhammad v. James W. Fairman, Warden, John E. Wright, Asst. Warden, and A. Dodge, 120 (c.o.)

795 F.2d 1296 · Court of Appeals for the Seventh Circuit · Jun 30, 1986

The only question is whether they violated any clearly established federal constitutional right. … The words “clearly established ... constitutional rights” may not be used to read the defense of immunity out of federal tort law by the facile expedient of stating constitutional rights in the most general possible terms

Borges-Colon v. Roman-Abreu

438 F.3d 1 · Court of Appeals for the First Circuit · Feb 6, 2006

They also argue that both Mayor Román and Norat are entitled to qualified immunity. … Public officials are "entitled to qualified immunity unless the facts establish that their conduct violated a constitutional right that was 'clearly established' at the time of the violation such that a reasonable officer

Ruben Loya, Jr. v. Texas Department of Corrections

878 F.2d 860 · Court of Appeals for the Fifth Circuit · Aug 2, 1989

Fitzgerald, 457 U.S. 731, 743 , 102 S.Ct. 2690, 2697 , 73 L.Ed.2d 349 (1982) (interlocutory appeal from the denial of qualified immunity). … On the merits we hold that TDC’s entitlement to immunity under the eleventh amendment is clearly established in this circuit. Ruiz v.

P.B., on Her Own Behalf and on Behalf of N.B., a Minor S.G., on Her Own Behalf and on Behalf of L.G., a Minor C.D., on Her Own Behalf and on Behalf of D.D. v. Alfred Koch, Principal of Preston High School, and Scott Beckstead Mary Jo Roberts George Wilcox Orson Bowler

96 F.3d 1298 · Court of Appeals for the Ninth Circuit · Sep 27, 1996

III 18 Government officials enjoy qualified immunity from civil damages unless their conduct violates "clearly established constitutional rights of which a reasonable person would have known." Harlow v. … Determining whether a public official is entitled to qualified immunity "requires a two-part inquiry: (1) Was the law governing the state official's conduct clearly established?