Case law

Gregg v. Ohio Department of Youth Services

661 F. Supp. 2d 842 · District Court, S.D. Ohio · Sep 22, 2009

Telb, 831 F.2d 673 (6th Cir.1987), when the defense of qualified immunity is raised, a plaintiff must include in the pleadings factual allegations necessary to support the conclusion that the defendants violated clearly established … Gregg’s constitutional rights, it is unnecessary to reach the “clearly established” prong of qualified immunity as to these defendants. See Bukowski v. City of Akron, 326 F.3d 702, 708 (6th Cir.2003).

Michael Jones v. City of St. Louis

104 F.4th 1043 · Court of Appeals for the Eighth Circuit · Jun 17, 2024

failing to respond to his requests to be released based on the court order deprived Davis of a clearly established liberty interest. 375 F.3d at 719. … qualified immunity claims.

Southerland v. City of New York

680 F.3d 127 · Court of Appeals for the Second Circuit · May 22, 2012

Callahan, 555 U.S. at 237, the pertinent 4 qualified immunity inquiry is whether the right was clearly established at the time of the 5 defendant’s actions, see Ashcroft v. al-Kidd, 131 S. … Thus, even if the right at issue “was clearly established in certain 12 respects,” a state actor “is still entitled to qualified immunity if ‘officers of reasonable 13 competence could disagree’ on the legality of the

Rigdon v. Georgia Board of Regents

594 F. Supp. 2d 1312 · District Court, S.D. Georgia · Dec 17, 2008

This Court held in its August 4, 2008 Order, 2008 WL 2986389 , that there is no question of law as to whether the following rights were clearly established: (1) the right not to be terminated from employment at a public uni-versify … established law.

Garcia-Rodriguez v. Gomm

169 F. Supp. 3d 1221 · District Court, D. Utah · Aug 14, 2016

Qualified Immunity “Public officials are immune from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at the. time of the challenged conduct.” … Pursuant to Quinn , 780 at 1004, the court determines that this issue is most efficiently resolved by first analyzing the “clearly established” prong of the SLC Defendants’ qualified immunity defense.

Benavidez v. Howard

931 F.3d 1225 · Court of Appeals for the Tenth Circuit · Aug 2, 2019

In this motion, Howard asked the state court to prohibit Plaintiffs and others “from engaging in conduct directed at 5 Under the second prong of qualified immunity, Plaintiffs must show that the right was “clearly … Al–Kidd, 563 U.S. 731, 744 (2011) (“Because [the defendant] did not violate clearly established law, we need not address the more difficult question whether he enjoys absolute immunity.”)

Davis v. Billington

775 F. Supp. 2d 23 · District Court, District of Columbia · Mar 30, 2011

Qualified Immunity As noted previously in this Memorandum Opinion, the doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established … Therefore, because the plaintiff alleges in his Complaint the violation of a clearly established constitutional right, defendant Mulhollan’s motion to dismiss on qualified immunity grounds must be denied. 2.

Al-Ra'id v. Ingle

69 F.3d 28 · Court of Appeals for the Fifth Circuit · Nov 6, 1995

In assessing qualified immunity, we engage in a two-step analysis. First, we determine whether a plaintiff has alleged the violation of a clearly established constitutional right under the current state of the law. … Moreover, the defendants’ actions were not violative of clearly established law.

Arrington v. Dickerson

915 F. Supp. 1516 · District Court, M.D. Alabama · Jan 31, 1996

The court also reserved ruling on the qualified immunity issue. … Instead, the question in this case, as in all qualified immunity cases, is fact specific: in May 1991, was it clearly established in this circuit that it was unconstitutional for a mental institution to fail to supervise

Smith v. Norton Hospitals, Inc.

488 S.W.3d 23 · Court of Appeals of Kentucky · Mar 4, 2016

immunity. … established under the law.

Hernandez v. Parker

508 P.3d 947 · New Mexico Court of Appeals · Feb 1, 2022

Sheriff Parker asserted qualified immunity as a defense to Plaintiff’s § 1983 claims. … Defendants’ invocation of qualified immunity shifted the “heavy burden” to Plaintiff to establish that (1) the facts demonstrated a violation of a constitutional right, and (2) the right at issue was clearly established at

Cook v. BD. OF COUNTY COM'RS OF CTY. OF WYANDOTTE

966 F. Supp. 1049 · District Court, D. Kansas · May 29, 1997

The Court also finds that Officer Drake is not entitled to qualified immunity. … Qualified immunity would shield Officer Drake from suit for damages if a reasonable officer could have believed that plaintiffs arrest was lawful in light of clearly established. law and information which Officer Drake possessed

Mejia v. City of New York

119 F. Supp. 2d 232 · District Court, E.D. New York · Oct 5, 2000

Qualified Immunity The basic test for determining whether a public official is entitled to assert qualified immunity was established by the Supreme Court in Harlow v. … : qualified immunity shields public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Kastritis v. City of Daytona Beach Shores

835 F. Supp. 2d 1200 · District Court, M.D. Florida · May 18, 2011

Qualified immunity applies so long as the officer’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Grider v. … The officer is entitled to qualified immunity if the plaintiff fails to prove (a) that the officer violated the plaintiffs constitutional rights, and (b) that the right was clearly established.

Salter v. Meta Platforms, Inc.

2025 NY Slip Op 04384 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 2025

We reject MEAN's contention that the phrase "manufacturer or seller of a qualified product" in section 7903 (5) (A) should be read to divorce "manufacturer" from "qualified product" and grant immunity to any manufacturer … As a result, we conclude that MEAN established that it is "engaged in the business" of manufacturing a qualified product under the PLCAA by establishing that it "devotes time, attention, and labor to manufacturing [its qualified

Smith v. Arkansas Department of Correction

103 F.3d 637 · Court of Appeals for the Eighth Circuit · Dec 18, 1996

some cases, the defendant) support a claim of violation of clearly established law.'" … of whether the alleged facts support a violation of clearly established law.

Flynn v. Burns

289 F. Supp. 3d 948 · District Court, E.D. Wisconsin · Jan 29, 2018

do not violate clearly established constitutional or statutory rights. … Once a defendant asserts a qualified immunity defense, the plaintiff has the burden to establish that the defendant's action violated a clearly established right. Estate of Escobedo v.

Graham v. Gray

827 F.2d 679 · Court of Appeals for the Tenth Circuit · Sep 1, 1987

established law." … issue to the district court in one of his motions for dismissal and appealed the denial of that motion, we might have held in his favor: "Unless the plaintiff's allegations state a claim of violation of clearly established

McIntosh v. Weinberger

617 F. Supp. 107 · District Court, E.D. Missouri · May 24, 1984

from suit under the doctrine of qualified immunity. … Assuming arguendo, that the law was not clearly established at the time the results of the reconstruction panel were destroyed, defendant Turner’s defense of qualified immunity should be sustained.

Hines v. French

157 Md. App. 536 · Court of Special Appeals of Maryland · Jul 2, 2004

Because of these considerations, immunity is granted to officers who act reasonably, albeit mistakenly, in light of clearly established law and the information they possessed without the benefit of hindsight. … Rather, the question is whether, confronted with the facts of this case, reasonable police officers should have known that clearly established constitutional law prohibited the methods used in the search.