Case law

Flynn v. City of Santa Clara

388 F. Supp. 3d 1158 · District Court, N.D. California · May 22, 2019

However, viewpoint discrimination is barred under clearly established First Amendment law. … Alcarez but, even if not, at the very least, qualified immunity protects the individual officers as there was no clearly established law holding that defense of others is a legal defense to a § 148(a)(1) violation. III.

Ronald Fosnight v. Robert Jones

41 F.4th 916 · Court of Appeals for the Seventh Circuit · Jul 27, 2022

Qualified im- munity protects government officials from damages liability unless they “violate clearly established statutory or constitu- 3 We note for completeness that the Supreme Court has never authorized a Bivens action … The district court may entertain a qualified-immunity defense on a defendant’s motion to dismiss.

Matt Moonin v. Kevin Tice

868 F.3d 853 · Court of Appeals for the Ninth Circuit · Aug 22, 2017

We must grant Tice qualified immunity unless Moonin can show that Tice “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” City of San Francisco v. … The City previously had required officers to obtain prior written 8 We emphasize that we are here considering only the clearly established law prong of qualified immunity, not whether requiring notice or approval

Kiles v. City of North Las Vegas

276 F. App'x 620 · Court of Appeals for the Ninth Circuit · May 1, 2008

MEMORANDUM ** Robinson Reed appeals the district court’s denial of qualified immunity in this Section 1983 excessive force suit. We affirm. … The second step in qualified immunity analysis is whether the constitutional right at issue was clearly established at the time of the violation.

Doctor Awanna Leslie v. Hancock County Board of Education

Court of Appeals for the Eleventh Circuit · Jul 12, 2013

had was not clearly established. … “[T]o obtain qualified immunity, an official must first establish that he acted within his discretionary authority.”

Santiago-Mateo v. Cordero

109 F.3d 39 · Court of Appeals for the First Circuit · Mar 20, 1997

Public officials alleged to have committed civil rights violations are entitled to raise the defense of qualified immunity. … The defense is not available, however, if the official's conduct violates a federal right that was clearly established at the time of the infringement. See Harlow v.

Gene Bartholomew v. Commonwealth Of Pa

221 F.3d 425 · Court of Appeals for the Third Circuit · Aug 7, 2000

established at the time those warrants were executed. 15 We note in this connection that, for purposes of the qualified immunity analysis, the "clearly established constitutional right" should be set forth with specificity … Thus, while it was "clearly established" that warrants must be particular, the narrower and more appropriate question, i.e. whether it was clearly established that one has a constitutional right to be free from a search pursuant

Heather Burton v. Patricia Richmond

276 F.3d 973 · Court of Appeals for the Eighth Circuit · Jan 11, 2002

The Defendants have argued that qualified immunity bars the entirety of this lawsuit; specifically, contending at the time of the placement in 1985, the law was not clearly established that state caseworkers had a duty to … The Defendants ask this Court to reverse the district court’s denial of qualified immunity and dismiss this action.

Christman v. Kick

342 F. Supp. 2d 82 · District Court, D. Connecticut · Oct 28, 2004

More specifically, a police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his “conduct does not violate clearly established statutory or constitutional rights of which … When considering a question of qualified immunity, however, a district court must determine whether, given the “specific context of the case,” the right was clearly established.

Sanabria v. Martins

568 F. Supp. 2d 220 · District Court, D. Connecticut · Mar 26, 2008

not violated clearly established law.” … immunity, as a matter of well-established law.

Hicks v. City Of Watonga

942 F.2d 737 · Court of Appeals for the Tenth Circuit · Aug 19, 1991

immunity. 31 Clearly, the threat to fire Mr. … Diffey's lone vote. 72 The appellants are entitled to qualified immunity on the property interest claim unless they violated Mr. Hicks' clearly established right. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Krug v. Lutz

329 F.3d 692 · Court of Appeals for the Ninth Circuit · May 14, 2003

Qualified Immunity Krug, for his part, challenges the district court’s conclusion that the ADOC officials are entitled to qualified immunity from his claim for damages. … We therefore move on: [T]he next, sequential step is to ask whether the right was clearly established.

Miller v. Smith

921 S.W.2d 39 · Missouri Court of Appeals · Feb 27, 1996

doctrine are unconstitutional as applied to the wrongful death statute; and c) there are genuine issues of material fact as to whether the public duty, official immunity and qualified immunity doctrines are applicable. … Government officials performing discretionary functions are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Fisher v. Moore

62 F.4th 912 · Court of Appeals for the Fifth Circuit · Mar 16, 2023

The school officials sought dismissal on qualified-immunity grounds, arguing that the state-created danger doctrine was not clearly established in this circuit when the underlying events occurred. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Caddell v. Campbell

District Court, S.D. Ohio · May 28, 2021

Separately, he argues that even if a jailor could bear legal liability in that setting, it was not clearly established that a jailor could, and thus qualified immunity is warranted. (Id. at #209–213). … To succeed on his qualified immunity defense, on the other hand, Jones must establish that Cadell failed to allege that Jones’s “conduct violated a constitutional right that was clearly established law at the time.”

Butler v. City of Prairie Village

974 F. Supp. 1386 · District Court, D. Kansas · Aug 25, 1997

Qualified Immunity, i. Standard. Qualified immunity provides immunity from suit, not merely from liability. Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-16 , 86 L.Ed.2d 411 (1985). … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be

Poulsen v. City of North Tonawanda, NY

811 F. Supp. 884 · District Court, W.D. New York · Jan 26, 1993

sufficient to defeat appellants’ qualified immunity. … Lloyd Graves is not entitled to qualified immunity from liability under § 1983.

Dean v. Childs

262 Mich. App. 48 · Michigan Court of Appeals · May 13, 2004

involved ‘clearly established constitutional rights of which a reasonable person would have known.’ ” 11 If no constitutional violation occurred, the defendant has qualified immunity from liability. 12 “Qualified immunity … Childs claims common-law immunity under the public duty doctrine.

Gibson v. Rich

44 F.3d 274 · Court of Appeals for the Fifth Circuit · Jan 30, 1995

Qualified immunity shields government officials performing discretionary functions from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer

Weaver v. State of California

63 Cal. App. 4th 188 · California Court of Appeal · Apr 16, 1998

Defendants also asserted immunity under the qualified immunity doctrine, alleging that they are shielded from liability unless their actions violate clearly established statutory or constitutional rights of which a reasonable … was reasonable and that the qualified immunity doctrine applied.”