Case law

D.H., Ex Rel. Dawson v. Clayton County School District

830 F.3d 1306 · Court of Appeals for the Eleventh Circuit · Jul 29, 2016

Clearly Established Law “A right may be clearly established for qualified immunity purposes in one of three ways: (1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad … established constitutional right and is entitled to qualified immunity against D.H.’s § 1983 claim.

Edwards v. Parish

District Court, D. South Carolina · Jun 8, 2022

Fitzgerald, 457 U.S. 800, 818 (1982) (Qualified immunity protects officials who “violate clearly established statutory or constitutional rights of which a reasonable person would have known.”). … Harris, 65 F.3d 347, 359–60 (4th Cir. 1995) (“If a plaintiff has alleged a clearly established right, summary judgment on qualified immunity grounds is improper as long as there remains any material factual dispute regarding

Lyles v. Sparks

79 F.3d 372 · Court of Appeals for the Fourth Circuit · Mar 19, 1996

but also of federal law that was "clearly established" at the time the alleged conduct occurred. … established, the district court erred in declining to afford Green and Krautheim qualified immunity from the surviving constitutional tort claims against them.

French v. City of Casey

361 F. Supp. 3d 1011 · District Court, D. Colorado · Jan 9, 2019

"When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … But the absence of such an opinion does not preclude a finding that the law was clearly established and so the officer is not entitled to qualified immunity. Id. at 1285 .

Wilson v. Meeks

52 F.3d 1547 · Court of Appeals for the Tenth Circuit · Apr 20, 1995

However, qualified immunity is not a defense when officials’ actions violate clearly established constitutional rights. Quezada, 944 F.2d at 718 . … We conclude the facts here do not violate a clearly established duty under the constitution. The district court erred in refusing to grant summary judgment based on qualified immunity. VI.

Dingwell v. Cossette

327 F. Supp. 3d 462 · District Court, D. Connecticut · Jun 7, 2018

Qualified Immunity: Police Chief Cossette and Detective Williams Qualified immunity must be decided "at the earliest possible stage in litigation." Hunter v. … K-H Corp. , 968 F.2d 1489 , 1494 (2d Cir. 1992) ). *476 A defendant is entitled to qualified immunity when his conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person

Nassau County Department of Social Services v. R.B.

23 Misc. 3d 270 · New York City Family Court · Dec 18, 2008

To qualify for an exemption respondent must first demonstrate that she holds a religious belief that is contrary to immunization. … The testimony of the DSS caseworker clearly established that the three children have never been immunized.

Metro. Dade County v. Chase Fed. Housing

737 So. 2d 494 · Supreme Court of Florida · Jun 10, 1999

In conjunction with the statewide program, the Legislature established a fund to clean sites contaminated by dry cleaning solvents. [2] The Act provides that the owners or operators of dry cleaning establishments, who could … CONCLUSION We find that the Legislature has clearly expressed its intent through the language of the statute as well as the structure and purpose of the Act to apply the immunity provisions found in subsections 376.3078(3

Miner v. Novotny

304 Md. 164 · Court of Appeals of Maryland · Oct 4, 1985

The privilege, and the resultant immunity enjoyed by the publisher, may be either absolute or qualified. As we explained in DiBlasio v. … immunity.”

Lee v. Cline

384 Md. 245 · Court of Appeals of Maryland · Dec 13, 2004

that the plaintiff had presented no evidence of malice to overcome Cline’s qualified immunity. … Consequently, judicial opinions dealing with the well-established limitations upon public official immunity furnish no authority for judicially creating similar limitations upon the broad statutory immunity granted by the

Levy v. City of New York

935 F. Supp. 2d 575 · District Court, E.D. New York · Mar 29, 2013

Qualified Immunity 1. Applicable Law Defendants claim they are entitled to qualified immunity as to Plaintiffs false arrest and malicious prosecution claims. … Sergeant Reed is Entitled to Qualified Immunity The Court concludes Sgt.

Coffin v. Brandau

614 F.3d 1240 · Court of Appeals for the Eleventh Circuit · Feb 24, 2010

the Deputies were entitled to qualified immunity.9 On August 7, 2007, the Coffins lodged this appeal challenging the district court’s holding that no clearly established law provided fair warning to the Deputies … Coffin made clear her intention to shut the garage door.15 Therefore, we conclude that their “conduct was not so clearly established as to justify stripping [them] of qualified immunity.”

Boswell v. County of Sherburne

849 F.2d 1117 · Court of Appeals for the Eighth Circuit · Jun 21, 1988

were clearly established at the time of the challenged actions * * Mitchell v. … This court has in the past taken a broad view of what constitutes “clearly established law” for the purposes of a qualified immunity inquiry, requiring some but not precise factual correspondence with precedents and demanding

Franz v. Lytle

997 F.2d 784 · Court of Appeals for the Tenth Circuit · Jun 29, 1993

Finding no relevant, clearly established legal norm on the issue evidenced by the split in the Circuits, the court affirmed the grant of qualified immunity. … At the time of defendant’s actions, the law was clearly established that the information the officer possessed rendered the present war-rantless searches objectively unreasonable barring his claim of qualified immunity so

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

Marcus Torry v. City of Chicago

932 F.3d 579 · Court of Appeals for the Seventh Circuit · Aug 2, 2019

In any event, the court said, the officers were entitled to qualified immunity because the stop did not violate clearly established law. … Qualified immunity protects government officials from li- ability for civil damages as long as their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known

Sossamon v. LONE STAR STATE OF TEXAS

713 F. Supp. 2d 657 · District Court, W.D. Texas · Mar 28, 2007

The doctrine of qualified immunity affords protection against individual liability for civil damages to officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … With respect to a ruling on qualified immunity, the first question a court should address is “whether the plaintiff has alleged a violation of a clearly established constitutional right.” Siegert v.

Joseph v. Patterson

795 F.2d 549 · Court of Appeals for the Sixth Circuit · Jul 2, 1986

If the law which the defendant’s conduct is alleged to have violated is clearly established, then the qualified immunity defense must fail and discovery proceed. … If the law is not clearly established, the defendant is immune and summary judgment is proper. Windsor, 719 F.2d at 165 .

Hayes v. Terrance Howard

District Court, W.D. Louisiana · Aug 23, 2021

Qualified immunity defense is thus “an immunity from suit rather than a mere 4 Alvarez v. … Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established

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.