Case law

Meadours Ex Rel. Estate of Meadours v. Ermel

483 F.3d 417 · Court of Appeals for the Fifth Circuit · Apr 3, 2007

The doctrine of qualified immunity shields government officials performing discretionary functions from civil liability "‘insofar as their conduct does not violate clearly established . . . constitutional rights of which … Second, we determine whether the officers' conduct was objectively reasonable in light of "clearly established" law at the time of the alleged violation. Goodson v.

Ortiz v. Kazimer

811 F.3d 848 · Court of Appeals for the Sixth Circuit · Feb 4, 2016

This use of force was clearly established as excessive before 2010. … His lack of action on this record establishes a cognizable claim that he violated Juan’s clearly established constitutional rights. State-law claims.

Terry Summers v. Simon Leis, Sheriff

368 F.3d 881 · Court of Appeals for the Sixth Circuit · Jul 9, 2004

qualified immunity.” … of qualified immunity.

Wilber v. Curtis

872 F.3d 15 · Court of Appeals for the First Circuit · Sep 20, 2017

Gikas, 861 F.3d 296, 302 (1st Cir. 2017), but also "whether the right was 'clearly established' at the time of" the challenged governmental conduct, id. at 303. … And, a government official, in consequence of qualified immunity, may not be held liable under § 1983 unless the official is found to have violated a federal law right that is clearly established. Id.

Wilson v. City Of Des Moines

293 F.3d 447 · Court of Appeals for the Eighth Circuit · Jun 7, 2002

If the court determines that a constitutional right was violated, then the Court stated that the next question that should be considered is "whether the right was clearly established." Id. 9 Graham v. … The Court analyzed the applicability of qualified immunity by using the two-part inquiry established in Saucier.

Lytes v. Smith

11 F. Supp. 3d 527 · District Court, D. South Carolina · Mar 28, 2014

Qualified Immunity Defendants next assert that they are entitled to qualified immunity 8 because even assuming the court finds a violation of Plaintiffs constitutional rights, their conduct did not violate “clearly established … Furthermore, because Plaintiff has failed to establish a violation of his constitutional rights, the court need not address whether Plaintiffs asserted rights were “clearly established” for purposes of qualified immunity.

Brian Grady v. El Paso Community College, Linda Luehrs

979 F.2d 1111 · Court of Appeals for the Fifth Circuit · Dec 30, 1992

An official is entitled to qualified immunity unless her conduct violated clearly established federal rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … The First Amendment protections of state employees who speak on matters of public concern are clearly established. See e.g. Mt. Healthy City School Dist. Bd. of Educ. v.

Dearden v. City of Detroit

403 Mich. 257 · Michigan Supreme Court · Aug 30, 1978

The Court reached this conclusion after noting the statutory power of the commission to regulate all public utilities was qualified by the phrase, "except as otherwise restricted by law”. … .; MSA 28.2271, et seq., the Legislature intended to grant the Department of Corrections immunity from local zoning ordinances when establishing state penal institutions.

Demster v. CITY OF LENEXA, KANSAS

352 F. Supp. 2d 1165 · District Court, D. Kansas · Jan 18, 2005

Plaintiffs respond by arguing that qualified immunity does not apply in this case because the officers violated plaintiffs’ clearly established Fourth Amendment Rights. … The court, however, finds that no clearly established right was violated by defendants’ conduct.

Pabon v. Wright

459 F.3d 241 · Court of Appeals for the Second Circuit · Aug 3, 2006

Because this right was not clearly established in this circuit when Pabon was diagnosed with and treated for Hepatitis C, we affirm the district court’s grant of summary judgment to all Defendants on qualified-immunity grounds … According to this second inquiry, a qualified-immunity defense will be successful either when the defendants’ actions did not violate clearly established law or when it was objectively reasonable for the defendants to believe

Linda K. Wood v. Steven C. Ostrander Neil Maloney

879 F.2d 583 · Court of Appeals for the Ninth Circuit · Jun 27, 1989

Qualified, Immunity State officials cannot be held liable for damages under section 1983 unless their conduct violates a clearly established constitutional right. Davis v. … away clearly established law.

Laquarius Gray v. Antonio Bostic

458 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Aug 7, 2006

Qualified Immunity Principles “Qualified immunity offers a complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional … The Supreme Court has established a two-part test to evaluate whether an official is entitled to qualified immunity.

Chagnon v. Bell

468 F. Supp. 927 · District Court, District of Columbia · Jan 29, 1979

These holdings clarify the scope of acts for which officials are entitled to qualified immunity. … In view of the state of the law at the time defendants acted, it is clear that the constitutional rights alleged to have been violated by defendants were anything but “clearly established.”

Clay v. Board of Trustees of Neosho County Community College

905 F. Supp. 1488 · District Court, D. Kansas · Oct 13, 1995

To summarize, public officials enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … A claim of qualified immunity is analyzed as follows: Once a claim of qualified immunity is adequately raised by a defendant, the plaintiff must “show that the law was clearly established when the alleged violation occurred

Jenkins v. Cnty. of Washington

126 F. Supp. 3d 255 · District Court, N.D. New York · Aug 27, 2015

Defendants to believe that their acts did not violate any such clearly established rights. … a single case in this Circuit that rendered the rights in question clearly established.

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

Anderson v. Recore

446 F.3d 324 · Court of Appeals for the Second Circuit · May 4, 2006

II 33 "[P]ublic officials . . . are protected by qualified immunity from civil liability for actions taken in their official capacity, if those actions were objectively reasonable in light of clearly established rules then … Defendants are therefore entitled to qualified immunity.

Nelson v. Stalder

135 F. Supp. 2d 745 · District Court, E.D. Louisiana · Feb 13, 2001

of the clearly established legal rules. … The court finds that Nelson has satisfied his burden of rebutting defendants’ qualified immunity defense by establishing that the defendants’ actions violated a law which the court finds was clearly established, and by establishing

Calloway v. Boro of Glassboro Department of Police

89 F. Supp. 2d 543 · District Court, D. New Jersey · Feb 8, 2000

It is well-established that under the doctrine of qualified immunity: Government officials performing discretionary functions are “shielded from liability for civil damages insofar as then-conduct does not violate clearly … Under the circumstances of this case, I find that the law at the time of the allegedly discriminatory conduct was not clearly established and therefore, Best, Massari, and Powell are entitled to qualified immunity. c. § 1983

Barber v. Lynch

275 Pa. Super. 333 · Superior Court of Pennsylvania · Mar 7, 1980

and qualified privilege or immunity. … The preliminary objections of Appellees do not specifically use the term “qualified privilege” or “qualified immunity”.