Case law

Allen v. Sakai

48 F.3d 1082 · Court of Appeals for the Ninth Circuit · Nov 15, 1994

established constitutional rights, *1086 defeating defendants’ claims to qualified immunity. … established constitutional rights, defeating defendants’ claims to qualified immunity.

Steele v. City of Bemidji

242 F. Supp. 2d 624 · District Court, D. Minnesota · Jan 2, 2003

This shield is known as qualified immunity. To determine whether the five above-named defendants have qualified immunity in this case, the Court makes a three-pronged inquiry. … To withstand a defense of qualified immunity at the summary judgment stage, a plaintiff must assert a violation of a constitutional or statutory right; that right must have been clearly established at the time of the violation

Walton v. Ballard

District Court, S.D. West Virginia · Mar 30, 2018

established federal law.” … Johnson, 647 F.3d 87, 103 (4th Cir. 2011) (“The rule and analytical framework announced by the Supreme Court in Strickland ‘unquestionably qualifies as “clearly established” federal law under § 2254(d).’”

Valdez v. United States

58 F. Supp. 3d 795 · District Court, W.D. Michigan · Nov 7, 2014

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 1866 (quoting Hope, 536 U.S. at 739 , 122 S.Ct. 2508 ). … The Court begins with the second prong of the qualified immunity analysis: whether the right at issue was clearly established.

Bonnie Lee Hinchman v. Edwin L. Moore Jr. And Robert A. Dombrowski

312 F.3d 198 · Court of Appeals for the Sixth Circuit · Dec 2, 2002

Immunity The defendants maintain, as alternative defenses, that they are entitled to both absolute and qualified immunity. … Qualified immunity Under the doctrine of qualified immunity, government officials performing discretionary functions will not incur liability for civil damages “insofar as their conduct does not violate clearly established

Scotto v. Almenas

143 F.3d 105 · Court of Appeals for the Second Circuit · May 5, 1998

Most executive officials receive qualified immunity, whereby "government officials performing discretionary functions ... are shielded from liability ... insofar as their conduct does not violate clearly established statutory … Qualified Immunity 28 The district court did not consider, and the parties have not briefed, whether or not Almenas, as alleged by Scotto, violated clearly established constitutional norms of which an objectively reasonable

Cannon v. City & County of Denver

998 F.2d 867 · Court of Appeals for the Tenth Circuit · Jul 12, 1993

Order of Dismissal at 8. ’ The court found that the officers did not act in violation of clearly established law. It therefore concluded that the officers were entitled to qualified immunity. … established rights as to be entitled to a qualified immunity defense.

Mitchell v. Coffey County Hospital

903 F. Supp. 1415 · District Court, D. Kansas · Sep 25, 1995

QUALIFIED IMMUNITY The individual defendants contend that they are entitled to qualified immunity on plaintiffs due process claim because the law was not clearly established at the time of plaintiffs termination. … This exception to the rule that the qualified immunity defense fails where the defendant violated a clearly established right applies only rarely. Id.

Stephens v. City of Akron

729 F. Supp. 2d 945 · District Court, N.D. Ohio · Jul 27, 2010

Clearly Established Inquiry The law clearly establishes that an officer may not use deadly force to seize an unarmed suspect. … on the issue of qualified immunity.

Dunn v. Village of Put-In-Bay

291 F. Supp. 2d 647 · District Court, N.D. Ohio · Nov 4, 2003

was clearly established at the time that the injury occurred. … The Village and Township, therefore, are entitled to qualified immunity. E.

James Cameron v. Richard Thornburgh, Attorney General

983 F.2d 253 · Court of Appeals for the D.C. Circuit · Jan 22, 1993

the defendants therefore had qualified immunity from suit. … protected by qualified immunity.

Wilkerson v. Stalder

329 F.3d 431 · Court of Appeals for the Fifth Circuit · May 14, 2003

The court must engage in a two-step analysis to determine whether an official is entitled to qualified immunity. … First, the court must determine whether the plaintiff’s allegations make out a violation of a clearly established constitutional right.

Heap v. Carter

112 F. Supp. 3d 402 · District Court, E.D. Virginia · Jul 1, 2015

Qualified immunity is available where a govérnment official performing discretionary functions “does not violate clearly established statutory-or constitutional rights of which a- reasonable person would have known.” … and if other appellate federal courts have split on the question of whether an asserted right exists, the right cannot be clearly established for qualified immunity purposes.

Taylor Ex Rel. Estate of Mason v. Adams

221 F.3d 1254 · Court of Appeals for the Eleventh Circuit · Aug 11, 2000

her qualified immunity. … See, e.g., Layne, 119 S.Ct. at 1695 (holding defendants entitled to qualified immunity despite their unconstitutional conduct because of the lack of clearly established, preexisting law governing that conduct).

Jensen v. Lane County

222 F.3d 570 · Court of Appeals for the Ninth Circuit · Aug 23, 2000

Robbins violated a clearly established constitutional or statutory right of which a reasonable person would have known. See Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 . … Robbins’ determination that probable cause existed to sign the certificate was reasonable under the circumstances and he did not violate clearly established law.”

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.

Suarez v. Derosier

241 So. 3d 1086 · Louisiana Court of Appeal · Mar 7, 2018

DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment. However, Defense counsel's failure to provide discovery, claiming immunity applied, prevented Mr.

Billie M. Ireland v. Gary L. Tunis, Richard Thompson, John Meiers, and Richard D. Kuhn

113 F.3d 1435 · Court of Appeals for the Sixth Circuit · Jun 26, 1997

Accordingly, because Meiers’s actions in swearing to the complaint were objectively reasonable and violated no clearly established law, we hold that Meiers is entitled to qualified immunity under the Malley formulation. … immunity because his involvement was objectively reasonable and violated no clearly established law.

Aspinwall v. Herrin

879 F. Supp. 1227 · District Court, S.D. Georgia · Dec 27, 1994

Herrin is entitled to qualified immunity on Plaintiffs’ claim because it was not clearly established in January of 1993 that a Georgia sheriff was bound by a county merit system. … Under the objective reasonableness standard for qualified immunity, Plaintiffs have the burden of proving that Herrin’s actions violated clearly established constitutional law.

Taylor v. West Virginia Department of Health & Human resources

237 W. Va. 549 · West Virginia Supreme Court · Apr 14, 2016

Therefore, to the extent that petitioners have established sufficient evidence that the challenged employment actions were a violation of clearly established statutory or constitutional rights or laws of which a reasonable … ’ claims are not barred by qualified immunity.