Case law

Tsotesi v. Board of Education of the City School District

258 F. Supp. 2d 336 · District Court, S.D. New York · Apr 23, 2003

of Board policies violated “clearly established statutory or constitutional rights.” 12 *339 Conclusion The motion of the BOE Defendants for judgment on the pleadings dismissing the complaint as to them is granted insofar … Vermont Dep’t of Educ., 313 F.3d 768 , 793 (2d Cir.2002) (holding that “a ruling on the availability of a qualified immunity defense would be premature” because “[t]he qualified immunity issue in this case turns on factual

Harvey A. Thompson v. City of Starkville, Mississippi, David Lindley, Larry Sisk, and Jimmy Raines, Individually and in Their Official Capacities

901 F.2d 456 · Court of Appeals for the Fifth Circuit · May 3, 1990

Forsyth, it has been established that an appeal may be taken of a finding against qualified immunity where the issue involved is the purely legal one of “whether the legal norms allegedly violated by the defendant were clearly … Perez, 751 F.2d 1472 , 1477 n. 13 (5th Cir.1985) (“Under the qualified immunity standard, government officials are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Mary Roe v. Texas Department Of Protective And Regulatory Services

299 F.3d 395 · Court of Appeals for the Fifth Circuit · Aug 13, 2002

established" in the context of qualified immunity. … established" for purposes of qualified immunity. 19 It is difficult to argue that a matter of law is clearly established for state actors in this circuit where this court has not opined on the issue in question and the other

Karla Kaye Kuehl v. Stephen P. Burtis Terry Satterlee Other John Doe City of Sioux Falls Ezekial James McBeth

173 F.3d 646 · Court of Appeals for the Eighth Circuit · Mar 29, 1999

We reject this challenge, but we must first establish our jurisdiction to hear the case. When a district court’s denial of a claim of qualified immunity turns upon an issue of law, it is an appealable “final decision.” … In determining whether the district court should have granted summary judgment on the basis of qualified immunity, we must consider whether Kuehl has alleged a violation of a clearly-established constitutional right and whether

Oliver v. Arnold

3 F.4th 152 · Court of Appeals for the Fifth Circuit · Jun 29, 2021

right was clearly established at the time of their conduct. … Qualified immunity yields only where an official violates “clearly established law,” meaning binding authority “that defines the contours of the right in question with a high degree of particularity.” Morgan v.

Perkins v. Click

148 F. Supp. 2d 1177 · District Court, D. New Mexico · Jun 13, 2001

Alternatively, Defendants maintain they are entitled to qualified immunity because there was no clearly established law indicating their actions violated Plaintiffs constitutional rights. … has long been clearly established.

Outlaw v. City of Hartford

884 F.3d 351 · Court of Appeals for the Second Circuit · Mar 7, 2018

Holloway, 510 U.S. 510, 516 (1994). 7 Allen contends that in December 2004, the law governing his conduct 8 was not sufficiently clearly established because "it was not clearly established that an 9 … Creighton, 483 U.S. at 640-41. 15 Where the right at issue in the circumstances confronting police officers was clearly 16 established but was violated, the officer will still be entitled to qualified immunity if 17

Hoffman v. Lehman

926 F. Supp. 510 · District Court, M.D. Pennsylvania · Jan 23, 1996

violation of clearly established law. … Defendants argue that even if Plaintiffs have stated a substantive due process claim based upon clearly established law, the evidence so far developed entitles them to summary judgment on the ground of qualified immunity

Fares v. U.S. Immigration & Naturalization Service

29 F. Supp. 2d 259 · District Court, W.D. North Carolina · Oct 27, 1998

Qualified Immunity Individual Defendants argue that, at the very least, they are all shielded from Plaintiffs’ Bivens claims by qualified immunity. … The doctrine of qualified immunity holds that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Walker v. Tyler County Commission

886 F. Supp. 540 · District Court, N.D. West Virginia · May 22, 1995

An executive official is entitled to qualified immunity where an objective observer could find that the officer reasonably believed that his conduct did not violate clearly established constitutional rights. See e.g. … any clearly established constitutional rights of the plaintiff.

Green v. Security Assurance Management

District Court, District of Columbia · Dec 11, 2024

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … The “clearly established” prong of qualified immunity “means that, at the time of the officer’s conduct, the law was ‘sufficiently clear’ that every ‘reasonable official would understand that what he is doing’ is unlawful

Henrise v. Horvath

174 F. Supp. 2d 493 · District Court, N.D. Texas · Apr 30, 2001

Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue. … To preclude qualified immunity, it is not necessary for a plaintiff to establish that “the [specific] action in question has previously been held unlawful.” Anderson v.

Vaughn v. Ricketts

663 F. Supp. 401 · District Court, D. Arizona · May 29, 1987

In Ward , the court rejected the defendant’s qualified immunity defense and held that a 1981 visual body cavity search of a misdemeanor arrestee conducted in the absence of a reasonable grounds was a violation of clearly … The burden of overcoming an official’s qualified immunity by demonstrating the existence of a clearly established right rests with the plaintiff. Davis v.

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

Terrell v. Harris County

115 F.4th 356 · Court of Appeals for the Fifth Circuit · Jul 9, 2024

The district court granted qualified immunity to the deputy who was not accused of sexual assault. On appeal, Terrell fails to establish that the deputy violated a clearly established constitutional right. … In sum, Terrell failed to show a clearly established violation of her rights. The district court correctly granted qualified immunity to Cannon. b.

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

Gonzalez Gonzalez v. Zayas

671 F. Supp. 106 · District Court, D. Puerto Rico · Aug 17, 1987

III.Qualified Immunity In actions brought under 42 U.S.C. § 1983 , a defense of qualified immunity from liability for damages is available to state executive officers performing discretionary functions, “insofar as their … conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.

Johnson v. City of New York

940 F. Supp. 631 · District Court, S.D. New York · Sep 24, 1996

An officer may also establish qualified immunity by showing that, notwithstanding a violation of a clearly established constitutional or statutory right, it was objectively reasonable for him to believe his actions did not … Polis is Entitled to Qualified Immunity on the Excessive Force Claim Polis is entitled to qualified immunity on Johnson’s excessive force claim.

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.