Case law

Wood v. Sunn

852 F.2d 1205 · Court of Appeals for the Ninth Circuit · Jul 27, 1988

The Supreme Court decided an entirely different issue in this case: precisely what must be “clearly established” for a law enforcement officer to be entitled to summary judgment on the issue of qualified immunity in the context … of a warrant-less search. 4 The Supreme Court held that qualified immunity is available if a reasonable police officer could have believed that the search was justified, in light of clearly established law and the information

Foulks v. Cole County, Missouri

991 F.2d 454 · Court of Appeals for the Eighth Circuit · Apr 14, 1993

The defendants have failed to show that their actions were objectively reasonable in light of clearly established law. … Thus, we review Foulks' claim under the clearly established constitutional standard set forth in Estelle

Susan Vaughn v. Greene County, AR

438 F.3d 845 · Court of Appeals for the Eighth Circuit · Feb 17, 2006

Individual Liability of Sheriff Langston “Qualified immunity protects a government official from liability in a [section] 1983 claim unless his or her conduct violated a clearly established statutory or constitutional … right; and, if so, (2) whether the right was clearly established at the time of the deprivation such that a reasonable official would understand his conduct was unlawful in the situation he confronted.

Urbanique Production v. City of Montgomery

428 F. Supp. 2d 1193 · District Court, M.D. Alabama · Mar 28, 2006

Pursuant to the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Qualified immunity bestows upon government officials a well-established “right” to avoid the burdens, costs and time of trial when the government official does not violate clearly-established constitutional norms.

Jones v. State

170 Wash. 2d 338 · Washington Supreme Court · Nov 4, 2010

Whether Wene and Jeppesen are entitled to qualified immunity from liability under § 1983 for violating Jones’ right to due process ¶17 When the defendant moves for summary judgment in a § 1983 suit and raises a qualified … Qualified immunity ¶27 Under the doctrine of qualified immunity, “[g]overnment officials performing discretionary functions” are immune from § 1983 suits “if their conduct is objectively reasonable when measured against clearly

Williams v. Lopes

64 F. Supp. 2d 37 · District Court, D. Connecticut · Aug 16, 1999

Assuming this case involves clearly established rights, the entitlement to qualified immunity generally turns on the particular facts of a case. Robison v. Via, 821 F.2d *42 913, 921 (2d Cir.1987). … The evidence before the Court clearly establishes that plaintiff cannot recall the events with any accuracy.

Neu v. Corcoran

869 F.2d 662 · Court of Appeals for the Second Circuit · Mar 3, 1989

We therefore have jurisdiction to review the immunity ruling. 2. Qualified Immunity. … Qualified immunity shields 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.”

White v. City of Lagrange

952 F. Supp. 2d 1353 · District Court, N.D. Georgia · Jul 3, 2013

“Qualified immunity offers complete protection for individual public officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … White has failed to point to particularized case law showing that the right was clearly established.

Lopez v. Modisitt

488 F. Supp. 1169 · District Court, W.D. Michigan · Apr 4, 1980

a qualified immunity. … Likewise, this Court is not satisfied that the defendant’s entitlement to qualified immunity in the instant case can summarily be established.

Novoselsky v. Brown

822 F.3d 342 · Court of Appeals for the Seventh Circuit · May 10, 2016

Qualified Immunity on First Amendment Claim We turn next to Brown’s qualified immunity defense to Novoselsky’s § 1983 First Amendment retaliation claim. … Qualified immunity protects government agents from liability for their actions so long as they did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Amundsen v. Jones

533 F.3d 1192 · Court of Appeals for the Tenth Circuit · Jul 15, 2008

An appeal is proper if the defendant sets off to show that the law was not clearly established at the time of -6- the challenged action, or that qualified immunity is proper even … was clearly established at the time of the conduct at issue.

Mena v. City of Simi Valley

332 F.3d 1255 · Court of Appeals for the Ninth Circuit · Jun 23, 2003

They argue that the district court erred in ruling that they are not entitled to qualified immunity. … Qualified Immunity Muehler and Brill argue' that they should be shielded from liability to Mena under the doctrine of qualified immunity. 2 “Qualified immunity is an entitlement not to stand trial or face the other burdens

Chavez v. Jefferson County, Texas

District Court, E.D. Texas · Mar 21, 2023

The qualified immunity defense has two prongs: (1) “whether an official’s conduct violated a statutory or constitutional right of the plaintiff”; and (2) “whether the right was clearly established … Regardless of qualified immunity’s origins, this Court is bound by Fifth Circuit precedent and Supreme Court precedent—both which recognize qualified immunity.

Arlen Yalkut v. Augie Gemignani and Myron Gold

873 F.2d 31 · Court of Appeals for the Second Circuit · Apr 18, 1989

), from which defendants claim qualified immunity. … Because Yalkut’s complaint alleges no actions by defendants that violated a clearly established constitutional right to due process, defendants are immune from suit.

Toth v. City of Dothan, Ala.

953 F. Supp. 1502 · District Court, M.D. Alabama · Dec 6, 1996

Both Hadden and Ingram claim they are immune from suit under the well-established doctrine of qualified immunity. … Thus, in following the framework established in Siegert , the court must first establish whether the plaintiff has asserted a constitutional violation before delving into the qualified immunity analysis. See Tinney v.

David L. McCartney, M.D. Darryl Williams, M.D. And Dorma Kohler v. Donald R. May, M.D.

Texas Court of Appeals, 7th District (Amarillo) · Jun 7, 2001

overcome their entitlement to qualified immunity. … (footnote: 4) Appellants have failed to conclusively establish McCartney and Williams’s qualified immunity on May’s substantive due process claims.

Rudi Acosta Alma Acosta v. City and County of San Francisco Daniel Yawczak

83 F.3d 1143 · Court of Appeals for the Ninth Circuit · Jun 18, 1996

Qualified Immunity Determining whether a law enforcement officer is entitled to qualified immunity involves the .consideration of two questions: “1) Was the law governing the officer’s conduct clearly established? … hold that Yawczak is not entitled to qualified immunity.

Jones v. Dalton

867 F. Supp. 2d 572 · District Court, D. New Jersey · Apr 3, 2012

First, “[t]he threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiffs allegations, if true, establish a constitutional violation.” Hope v. … immunity analysis has been satisfied. 10 Furthermore, there can be little doubt that the right to be free from searches and seizures not based on probable cause or a recognized exception was clearly established.

Tucker v. Evans

276 F.3d 999 · Court of Appeals for the Eighth Circuit · Jan 14, 2002

Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998). 5 The prison employees are entitled to qualified immunity unless they violated Tucker's "clearly established" constitutional rights. Harlow v. … There was no violation of clearly established law in the training of Daniels, and thus the claim is without merit. III.

Kanciper v. Lato

989 F. Supp. 2d 216 · District Court, E.D. New York · Nov 7, 2013

If absolute immunity does not apply, government actors may be shielded from liability for civil damages by qualified immunity, i.e., if their “conduct did not violate plaintiffs clearly established rights, or if it would … Although qualified immunity typically is asserted by police officers, the qualified immunity standard of arguable probable cause also applies to prosecutors. See Murphy v.