Case law

Blair v. Meade

76 F.3d 97 · Court of Appeals for the Sixth Circuit · Feb 16, 1996

Meade has qualified immunity. … The qualified immunity analysis requires consideration of whether a right exists at all, i.e., whether plaintiff has asserted violation of a right, and whether that right was clearly established. • The motivation question

Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher

232 W. Va. 513 · West Virginia Supreme Court · Sep 26, 2013

Va. 743, 310 S.E.2d 675 (1983), serves to obliterate the immunity clearly granted under West Virginia Code § 15-5-11(a). … articulated by the Arkansas Supreme Court: “[W]hile absolute immunity ‘bars a suit at the outset,’ qualified immunity ‘is in the nature of an affirmative defense.’”

Johnson v. City of Ecorse

137 F. Supp. 2d 886 · District Court, E.D. Michigan · Mar 29, 2001

Qualified Immunity Officers Smith and Herring plead the defense of qualified immunity. … The standard for that defense is that governmental officials performing discretionary functions are entitled to qualified immunity, which shields them from civil damages, provided their conduct did not violate a clearly-established

Estate of Burke v. Mahanoy City

40 F. Supp. 2d 274 · District Court, E.D. Pennsylvania · Mar 3, 1999

violated clearly established federal law.” … The Supreme Court has explained what it means by clearly established law for the purpose of qualified immunity: The contours of the right must be suffi.ciently clear that a reasonable official would understand what he is

Rosenbaum v. Washoe County

654 F.3d 1001 · Court of Appeals for the Ninth Circuit · Aug 22, 2011

so, whether that right was clearly established at the time of the event. … Ct. at 2083 (holding that an official is not entitled to qualified immunity where “every reasonable official” would have understood that he was violating a clearly established right (emphasis added) (internal quotation marks

Lopez v. Youngblood

609 F. Supp. 2d 1125 · District Court, E.D. California · Mar 31, 2009

Re: Court Returnees, Qualified Immunity and Eleventh Amendment Immunity 16). … Re: Court Returnees, Qualified Immunity and Eleventh Amendment Immunity 20-21).

Wilson v. City of Des Moines

160 F. Supp. 2d 1038 · District Court, S.D. Iowa · Jul 25, 2001

Katz, — U.S. -, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (June 18, 2001) changed the landscape of qualified immunity. … Second, if a violation is established, courts are to determine whether the right was clearly established “on a more specific level than recognized by the [Ninth Circuit] Court of Appeals.” Id. at 2155.

Don Meadows v. Rockford Housing Authority

861 F.3d 672 · Court of Appeals for the Seventh Circuit · Jun 30, 2017

Qualified immunity protects state officials from liability for civil damages unless the plaintiff can show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … A right is clearly established when existing precedent has placed the right’s existence “beyond debate.” Reichle v. Howards, 132 S. Ct. 2088, 2093 (2012).

Massi v. Flynn

254 F. App'x 84 · Court of Appeals for the Second Circuit · Nov 16, 2007

Our jurisdiction under the collateral order doctrine is limited to whether, as a matter of law, Flynn is entitled to qualified immunity “either because the law was not clearly established or because, on the facts assumed … Instead, we ask only “whether the facts alleged ... support a claim of violation of clearly established law.” Id. at 528 n. 9, 105 S.Ct. 2806 .

Vaughan v. Cox

316 F.3d 1210 · Court of Appeals for the Eleventh Circuit · Jan 3, 2003

immunity. … We reinstate our prior decision in its entirety and supplement, by this opinion, our previous discussion of qualified immunity. SO ORDERED. .

M.P., a Minor v. Monroe Local Schools

District Court, S.D. Ohio · Sep 30, 2021

"An official sued under §1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was 'clearly established' at the time of the challenged conduct." … Fitzgerald, 457 U.S. 800, 818 (1982) (Qualified immunity shields "government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established

Ruiz-Bueno v. Scott

639 F. App'x 354 · Court of Appeals for the Sixth Circuit · Feb 2, 2016

Whether a defendant receives qualified immunity turns on two questions: did the defendant violate a constitutionally protected right, and if so, was the right clearly established at the time the act was committed? … In determining whether clearly established law has been violated, we examine the “objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.”

Joseph Carl Brown v. Joseph Ponte

842 F.2d 16 · Court of Appeals for the First Circuit · Mar 14, 1988

As a result, the qualified immunity defense is available to appellants. … If the law at the time of appellants’ actions was not “clearly established,” they could not have “known” that their conduct was forbidden. Id.

Arthur Knight v. City of Miami

Court of Appeals for the Eleventh Circuit · Aug 6, 2002

CARNES, Circuit Judge: This appeal by a law enforcement officer from the denial of qualified immunity presents us with these three issues: 1) whether there was an absence of probable cause for the officer’s arrest … Cannon, 174 F.3d 1271, 1283 n.3 (11th Cir. 1999) (“Arguable probable cause, not the higher standard of actual probable cause, governs the qualified immunity inquiry.”); Montoute v.

Stanley Joseph v. Kenneth Allen

712 F.3d 1222 · Court of Appeals for the Eighth Circuit · Apr 15, 2013

Qualified immunity shields law enforcement officers from suit if they “[did] not violate [a] clearly established statutory or constitutional right[] of which a reasonable person would have known.” Gorra v. … However, qualified immunity allows officers to make reasonable errors, Habiger v.

Hassell v. Fischer

879 F.3d 41 · Court of Appeals for the Second Circuit · Jan 3, 2018

 immunity because they had  violated  clearly  established  law,  announced  in  Earley  I,  when  they  administratively  added  and  then  applied  the  conditions  of  a  PRS  term  to  Hassell.7  The  District  Court …   clearly  established  statutory  or  constitutional  rights  of  which a reasonable person would have known.’” 

Johnson v. Bay Area Rapid Transit

790 F. Supp. 2d 1034 · District Court, N.D. California · May 10, 2011

The court, however, granted qualified immunity to MacPherson, stating that as of 2005, it was not clearly established that such use was unconstitutional. Id. at 833 . … Nor is Gee entitled to qualified immunity. The law as to extended detentions absent the indicia of probable cause was clearly established at the time of the incident.

Joseph v. Donahue

392 F. Supp. 3d 973 · District Court, D. Maine · May 28, 2019

"Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 action *984 unless the official's conduct violates a clearly established constitutional or statutory right of which … A police officer is entitled to qualified immunity unless the facts shown by the plaintiff establish "(1) that a plaintiff's constitutional rights have been violated, and (2) those rights were so clearly established at the

Fennell v. Simmons

951 F. Supp. 706 · District Court, N.D. Ohio · Jan 3, 1997

right was not clearly established. … established, 7 so as to entitle the defendants to judgment on all of Torcasio’s claims of relief on the basis of qualified immunity.

Doninger v. Niehoff

594 F. Supp. 2d 211 · District Court, D. Connecticut · Jan 15, 2009

Doninger seeks to enforce was not clearly established at the time of the events in question, Defendants are entitled to qualified immunity on Ms. Doninger’s blog entry First Amendment claim. … qualified immunity.