Case law

Hill v. Walsh

884 F.3d 16 · Court of Appeals for the First Circuit · Feb 27, 2018

Because the law on the emergency aid exception to the warrant requirement was not clearly established at the time of the incident, we uphold the district court's entry of judgment based on qualified immunity. … The district court also noted that even if the officers had violated the Fourth Amendment, they had a "strong case" that they were entitled to qualified immunity because "there is no clearly established Supreme

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.

Daniel F. Sullivan v. Frederick R. Carrick

888 F.2d 1 · Court of Appeals for the First Circuit · Dec 12, 1989

This court must look to the “ ‘objective reasonableness of [the defendant’s] conduct, as measured by reference to clearly established law,’ to determine whether the doctrine of qualified immunity applies.” Unwin v. … The qualifying test for qualified immunity is in two parts: whether (1) Sullivan’s constitutional rights were violated; and (2) whether those rights were clearly established such that Carrick would have known that his conduct

El-Amin v. Tirey

817 F. Supp. 694 · District Court, W.D. Tennessee · Mar 8, 1993

The question of whether an official is protected by qualified immunity turns on “the objective legal reasonableness” of the action, assessed in light of the legal rules that were “clearly established” at the time the action … Consequently, defendants Ring and Hemby are protected by qualified immunity.

Turturro ex rel. Turturro v. City of New York

28 N.Y.3d 469 · New York Court of Appeals · Dec 22, 2016

In the specific proprietary field of roadway safety, a municipality is afforded “a qualified immunity from liability arising out of a highway planning decision” (Friedman, 67 NY2d at *480 283 ). 1 The qualified nature of … This qualified immunity, which applies in a specific field of proprietary functions, is separate from the governmental function immunity defense, which applies only to governmental functions, as explained.

John Doe, as Next Friend of Jane Doe, a Child v. Hillsboro Independent School District, Larry Zabcik

81 F.3d 1395 · Court of Appeals for the Fifth Circuit · Jun 17, 1996

the grounds for denying a motion for summary judgment based on qualified immunity: “(a) a determination about pre-existing ‘clearly established’ law, or (b) a determination about ‘genuine’ issues of fact for trial.” 15 The … given facts showed a violation of clearly established law.

Burton v. Richmond

370 F.3d 723 · Court of Appeals for the Eighth Circuit · Aug 2, 2004

Because we determine that there was no violation of a clearly established constitutional right, defendants are entitled to qualified immunity. … II. 5 Governmental officials are entitled to qualified immunity under § 1983 when performing discretionary functions unless they violate clearly established law in executing their duties. Burton I, 276 F.3d at 976 .

Porterfield v. Lott

156 F.3d 563 · Court of Appeals for the Fourth Circuit · Sep 22, 1998

not violate clearly established rights of which a reason- able person would have known." … Officials lose the protection of the immunity if they vio- late a constitutional or statutory right of the plaintiff and the right was clearly established at the time of the alleged violation such that an objectively reasonable

Federman v. County of Kern

61 F. App'x 438 · Court of Appeals for the Ninth Circuit · Apr 15, 2003

If a constitutional right would have been violated were a plaintiffs allegations established, the next step is to ask whether the right was clearly established in light of the context of the case. Id. … Next, the law on excessive force was clearly established by April 21, 1998, the day Federman was shot and killed.

Burke v. Town of Walpole

405 F.3d 66 · Court of Appeals for the First Circuit · Apr 26, 2005

Shea, and Trooper McDonald should receive qualified immunity on the ground that their conduct was objectively reasonable under clearly established law. See Burke, 2003 U.S. Dist. LEXIS 24897, at *25 (Det. … Bausch to be one of the officers who arrested Burke and reach his qualified immunity defense. 23 The other police defendants raise no argument about the absence of clearly established law.

John Burns v. Brad Cole

18 F.4th 1003 · Court of Appeals for the Eighth Circuit · Nov 29, 2021

-4-  “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … “Qualified immunity analysis requires a two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established at the

State Board of Chiropractic Examiners v. Stjernholm

935 P.2d 959 · Supreme Court of Colorado · Apr 7, 1997

When only qualified immunity applies and the suit is for damages, a section 1983 claim must allege violation of a clearly established constitutional right and material facts of misconduct, under circumstances which reveal … To withstand a motion for summary judgment in the qualified immunity context, violation of a clearly established constitutional right 15 and material facts of misconduct must be pleaded.

Robinson v. City of West Allis

239 Wis. 2d 595 · Wisconsin Supreme Court · Dec 13, 2000

When faced with the defense of qualified immunity the plaintiff bears the burden of establishing that a defendant's conduct violated " 'clearly established statutory or constitutional rights of which a reasonable person would … While it is clearly established that an individual has a right to be free from excessive force, our qualified immunity inquiry must be much more particularized as to the facts of each case. Anderson v.

Gomez Candelaria v. Rivera Rodríguez

218 F. Supp. 2d 66 · District Court, D. Puerto Rico · Feb 25, 2002

The general rule regarding qualified immunity is that government officials are immune from suit and liability when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable … Accordingly, they argue that Defendants are not immune from liability since their unconstitutional actions occurred when the law regarding patronage dismissals was “clearly established”.

Ambrose v. Coffey

696 F. Supp. 2d 1109 · District Court, E.D. California · Dec 24, 2009

Whether Weydert and Coffey are Entitled to Qualified Immunity. 6 1. Grounds for Qualified Immunity Defendants argue that they are entitled to qualified immunity because it is not clearly established that MUAs are legal. … Weydert and Coffey are “entitled to qualified immunity where clearly established law does not show” their actions *1115 violated the Constitution. Pearson v.

Batten v. Gomez

324 F.3d 288 · Court of Appeals for the Fourth Circuit · Feb 24, 2003

suit under the doctrine of qualified immunity. … We have reviewed this claim and agree with the district court that Shuster and Gomez are entitled to qualified immunity on this claim because Shuster and Gomez violated no clearly established right held by Brittany.

Texas Department of Criminal Justice and Glenda Pierson v. Linda Thomas as Personal Representative for the Estate of Damon Hollimon, and Ashley Dominique Hollimon

Texas Court of Appeals, 1st District (Houston) · Apr 19, 2007

from suit, and Pierson's motion for summary judgment asserted qualified immunity. … The doctrine of qualified immunity shields an official performing discretionary functions from liability for civil damages under section 1983, provided the official's conduct does not violate clearly established constitutional

Dale E. Kraus and Rosetta M. Kraus, Husband and Wife Cindy D. Kraus, Individually and Todd W. Montgomery, Individually v. County of Pierce

793 F.2d 1105 · Court of Appeals for the Ninth Circuit · Sep 17, 1986

The Supreme Court has noted, however, that qualified immunity “is an immunity from suit rather than a mere defense to liability____” Mitchell v. … According to the test for qualified immunity established by the Supreme Court, the deputies in this case are immune from liability (and trial) if “their conduct [did] not violate clearly established statutory or constitutional

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 .

Doe v. Marsh

105 F.3d 106 · Court of Appeals for the Second Circuit · Jan 22, 1997

“Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him … ‘clearly established’ at the. time [the action] was taken.”)