Case law

Than Orn v. City of Tacoma

949 F.3d 1167 · Court of Appeals for the Ninth Circuit · Feb 3, 2020

Turning to the second step of the qualified immunity analysis, the panel held that plaintiff’s right to be free from the use of excessive force was clearly established at the time of the shooting. … B We turn next to the second step of the qualified immunity analysis, which asks whether Orn’s right to be free from the use of excessive force was clearly established at the time of the shooting.

Darrell Siggers-El v. David Barlow

412 F.3d 693 · Court of Appeals for the Sixth Circuit · Jun 24, 2005

The Defendant moved for summary judgment on the basis of qualified immunity, arguing that it was not clearly established that 1) a prisoner engages in protected conduct when he complains about a prison officer’s failure to … The only issue presented in this appeal is whether the district court erred in denying Defendant Barlow qualified immunity.

Thames v. City of Westland

310 F. Supp. 3d 783 · District Court, E.D. Michigan · Apr 20, 2018

Qualified Immunity Defendant officers argue qualified immunity shields them from liability under § 1983. … 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 person would have

Dakshesh Parikh v. Citizens Medical Center

Court of Appeals for the Fifth Circuit · Aug 11, 2014

Appellants argue that the alleged violations of the AKS and Stark Law were not clearly established at the time of the instant offenses. … This clearly established statutory right is precisely what Relators alleged Appellants to have violated.

Brown v. Pepe

42 F. Supp. 3d 310 · District Court, D. Massachusetts · Sep 8, 2014

any of Brown’s “clearly established” constitutional rights. … Qualified immunity attaches to discretionary conduct of government officials that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Bailey v. Indep. Sch. Dist. No. 69 of Canadian Cnty. Okla.

896 F.3d 1176 · Court of Appeals for the Tenth Circuit · Jul 24, 2018

Nonetheless, we affirm the district court's grant of qualified immunity to school superintendent Sean McDaniel because the law was not previously clearly established on this issue. … We AFFIRM the district court's conclusion that McDaniel is entitled to qualified immunity, on the alternative ground that the law at issue was not clearly established at the time he violated it.

Jeffers v. Gomez

240 F.3d 845 · Court of Appeals for the Ninth Circuit · Feb 20, 2001

Determining whether a public official is entitled to qualified immunity “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established? … The district court correctly determined that the first prong of the qualified immunity inquiry—whether the law governing Appellants’ conduct was clearly established—had been met.

Bamont v. Pennsylvania Society for the Prevention of Cruelty to Animals

163 F. Supp. 3d 138 · District Court, E.D. Pennsylvania · Feb 16, 2016

analyzing qualified immunity under Saucier v. … established.” 50 Based on our analysis, Defendants are not entitled to qualified immunity for Bamont’s claims in Counts I & II. ii.

PTI, Inc. v. Philip Morris Inc.

100 F. Supp. 2d 1179 · District Court, C.D. California · May 25, 2000

Under the Noerr-Pennington doctrine, the private defendants are clearly immune for their activities involved with the negotiation, execution, and attempts to implement the MSA, the Qualifying Statute, and the Model Act. … Moreover, no amount of colorful pleading can obscure the fact that plaintiffs’ challenge is, in fact, to the MSA, the Qualifying Statute and the Model Act, all of which are clearly immunized, as are the actions incidental

Cagle Ex Rel. Estate of Butler v. Sutherland

334 F.3d 980 · Court of Appeals for the Eleventh Circuit · Jun 18, 2003

functions are e ntitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Butler’s 15 Even if Jailer Cole had violated the Constitution, he likely would be entitled to qualified immunity, having violated no clearly established constitutional rights.

Long v. Morris

485 F. Supp. 2d 1247 · District Court, D. Kansas · May 3, 2007

Analysis Defendant seeks qualified immunity on plaintiffs claim of excessive force. … Ordinarily, in order for plaintiff to demonstrate that a law is 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

Winder v. Erste

905 F. Supp. 2d 19 · District Court, District of Columbia · Nov 19, 2012

However, even if a plaintiff can establish that there was a violation of a clearly established constitutional or statutory right, a defendant seeking qualified immunity can still demonstrate that there were extraordinary … Erste argues that he is protected by qualified immunity from Winder's procedural due process claim because it is not "clearly established" that Winder had a property interest in his continued employment when Erste terminated

Malone v. Chambers County Board of Commissioners

875 F. Supp. 773 · District Court, M.D. Alabama · Dec 21, 1994

Malone contends that qualified immunity does not protect the Defendants from suit where, as here, their conduct deprived an individual of a clearly-established, federally-protected right. … To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the “legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly

Wyche v. City of Franklinton

837 F. Supp. 137 · District Court, E.D. North Carolina · Nov 5, 1993

Caldwell is entitled to qualified immunity if he can establish that, in light of the clearly established principles governing the use of force to effect an arrest, he could, as a matter of law, reasonably have believed that … In Slattery , the Fourth Circuit elaborated upon the scope of qualified immunity: The right of the plaintiff must be established so clearly that a reasonable official would know what he is doing violates that right.

Jose Chavez v. James Ziglar

683 F.3d 1102 · Court of Appeals for the Ninth Circuit · Jun 20, 2012

intertwined with” and “directly implicated by” the issue of qualified immunity. … Accordingly, we have jurisdiction to review both whether the supervisory defendants have qualified immunity — which turns on legal issues such as whether they allegedly violated “clearly established” rights, Behrens v.

Bradway v. Town of Southampton

826 F. Supp. 2d 458 · District Court, E.D. New York · Dec 1, 2011

Qualified Immunity The individual defendants argue, in the alternative, that they are entitled to summary judgment on qualified immunity grounds with respect to the medical indifference claim under the Fourteenth Amendment … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them

Dean v. Munch

4 F. App'x 380 · Court of Appeals for the Ninth Circuit · Feb 14, 2001

To be considered “clearly established” for the purposes of qualified immunity analysis, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that … A claim of immunity under the Idaho Tort Claims Act is not an immunity from suit, as qualified and absolute immunity are.

Vista Community Services v. Dean

107 F.3d 840 · Court of Appeals for the Eleventh Circuit · Mar 19, 1997

We review de novo a district court's ruling that a government official's conduct violated clearly established law such that the official is not entitled to qualified immunity. Johnson v. … A government official may immediately appeal the denial of qualified immunity when the issue appealed concerns whether or not certain facts show a violation of "clearly established law." Mitchell v.

Brandee Buschmann v. Kansas City Police Department

76 F.4th 1081 · Court of Appeals for the Eighth Circuit · Aug 10, 2023

The court ruled that Beck was entitled to qualified immunity, and dismissed the claim against the Board on the ground that no individual officer was liable. … Qualified immunity shields a police officer from suit unless his conduct violated a clearly established right of the plaintiff. See Harlow v.

Maldonado v. Rodriguez

322 F. Supp. 3d 753 · District Court, S.D. Texas · May 15, 2017

immunity. … Qualified Immunity from Individual Capacity Claims a.