Case law

Washington v. Buraker

322 F. Supp. 2d 692 · District Court, W.D. Virginia · Feb 2, 2004

If the answer to that threshold question is yes, the officer is may still be entitled to qualified immunity if the right was not clearly established at the time of the events at issue. Clem v. … Because discovery is not yet complete, this Court must deny Defendants’ motions for summary judgment based on qualified immunity if it concludes “(1) that the plaintiff alleged a violation of a clearly established right,

Newton v. City of New York

738 F. Supp. 2d 397 · District Court, S.D. New York · Sep 21, 2010

.” 57 The Second Circuit has held that a right is clearly established for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right … Clearly Established Constitutional Right Having determined that Ryan was conducting a discretionary function, the ensuing issue for qualified immunity purposes is whether she violated Newton’s clearly established constitutional

Bean v. City of Buffalo

822 F. Supp. 1016 · District Court, W.D. New York · May 28, 1993

These defendants argued that, given their version of the facts, plaintiffs decedent had no clearly established constitutional right to be protected from the force that was used against her, and that they had an objectively … Furthermore, such an argument would fly in the face of the clearly established principle that police officers are not entitled to qualified immunity for shootings of unarmed individuals who pose no substantial threat of death

Fazaga v. Federal Bureau of Investigation

885 F. Supp. 2d 978 · District Court, C.D. California · Aug 14, 2012

The doctrine of qualified immunity was established to protect government officials “from liability for civil damages insofar as their conduct does not violate any clearly established statutory or constitutional rights of … The Agent Defendants argue that they are entitled to qualified immunity because it was not clearly established that Plaintiffs were “aggrieved persons.”

Brendle v. City of Houston, Miss.

177 F. Supp. 2d 553 · District Court, N.D. Mississippi · Jan 5, 2001

Qualified immunity shields state actors from civil liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Davis v. … in light of the clearly established law.

Lowden v. County of Clare

709 F. Supp. 2d 540 · District Court, E.D. Michigan · Mar 25, 2010

Qualified immunity provides “that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … The court determined that the defendant was not entitled to qualified immunity because “a reasonable officer in [the defendant’s] position would have known that Carey had a clearly established Fourth Amendment right not to

Carrigan v. State of Del.

957 F. Supp. 1376 · District Court, D. Delaware · Feb 18, 1997

In Anderson, the Supreme Court elaborated on the “clearly established law” prong of the qualified immunity inquiry. … However, whether these broad constitutional principles are clearly established is not the appropriate inquiry under the qualified immunity standard.

Valentin Rodriguez v. Municipality of Barceloneta

236 F. Supp. 2d 189 · District Court, D. Puerto Rico · Sep 18, 2002

The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person … Therefore, the question no longer is whether the issue of the time clocks was a clearly established statutory or constitutional right, but becomes whether Plaintiff has sufficiently asserted a violation of one (or more) clearly

Smith v. Schwarzenegger

137 F. Supp. 3d 1233 · District Court, E.D. California · Oct 7, 2015

Qualified Immunity. … Accordingly, the Court skips the first step of the Saucier qualified immunity analysis. b. Defendants Did Not Violate Clearly Established Law.

Angus v. Mayorkas

District Court, W.D. Texas · Apr 29, 2022

To the extent Plaintiff attempts to argue that she was more qualified than J.C., the evidence is insufficient to establish pretext because it does not show that Plaintiff clearly was more qualified than J.C. … See Price, 283 F.3d at 723 (stating that to establish pretext, the losing candidate’s qualifications must “leap from the record and cry out to all who would listen that [s]he was vastly—or even clearly—more qualified for

Mitchell v. Village Of Matteson

District Court, N.D. Illinois · Jun 5, 2020

Qualified Immunity Dumais and Reyes argue that, even if Mitchell has stated a claim, they are entitled to qualified immunity on both § 1983 claims. … Qualified immunity applies unless the plaintiff shows that the officer violated a statutory or constitutional right that was clearly established at the time of the violation. Id. at 546.

Coming Up, Inc. v. City & County of San Francisco

857 F. Supp. 711 · District Court, N.D. California · Jun 21, 1994

First, plaintiffs urge the Court *714 to only consider the defense of qualified immunity with reference to “clearly established law.” Harlow v. … Thus the availability of qualified immunity depends upon the “ ‘objective legal reasonableness’ of the action ... in light of the legal rules that were ‘clearly established’ at the time it was taken.”

J.H. ex rel. J.P. v. Nation

61 F. Supp. 3d 1176 · District Court, D. New Mexico · Jan 14, 2015

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualiñed Immunity Analysis.

Grenning v. Klemme

34 F. Supp. 3d 1144 · District Court, E.D. Washington · Jul 22, 2014

Qualified Immunity “[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 … Harrington would not be entitled to qualified immunity as the right to be free from arbitrary mail searches was clearly established in 2010. (ECF No. 56 at 17-18).

Coates v. Powell

650 F. Supp. 2d 932 · District Court, W.D. Missouri · Jul 1, 2009

Qualified Immunity Generally “Qualified immunity shields governmental officials from personal liability if their actions, even if unlawful, were nevertheless objectively reasonable in light of the clearly established law … Thus, “a state official is protected by qualified *938 immunity from a section 1983 claim unless [the] alleged conduct violated clearly established federal constitutional or statutory rights of which a reasonable person in

Visser v. Magnarelli

542 F. Supp. 1331 · District Court, N.D. New York · Jul 9, 1982

Fitzgerald, ___ U.S. ___, ___, 102 S.Ct. 2727, 2739 , 73 L.Ed.2d 396 (1982) ("If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law … Treen, 671 F.2d 892, 899-900 (5th Cir. 1982) (violation of clearly established state law vitiates objective prong of good faith immunity defense).

Anaya Serbia v. Lausell

646 F. Supp. 1236 · District Court, D. Puerto Rico · Sep 11, 1986

The Supreme Court in Davis stated that: Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” … Because the “clearly established” test has not been met the defendants met the requirements of qualified immunity and are therefore entitled to summary judgment on plaintiffs’ claims for money damages.

CYBER ZONE E-CAFE, INC. v. King

782 F. Supp. 2d 1331 · District Court, M.D. Florida · Mar 22, 2011

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Because the law was not clearly established in April 2010 that the Plaintiffs’ arrest and seizure was unlawful, Defendant King is entitled to qualified immunity, and all claims against him in his individual capacity shall

Garcia-Rubiera v. Flores-Galarza

516 F. Supp. 2d 180 · District Court, D. Puerto Rico · Aug 30, 2007

Whether Constitutional Right was Clearly Established The second stage in the qualified immunity requires the court to ask whether the law was clearly established at the time of the constitutional violation. … Because the law was not clearly established at the time the Secretary allegedly deprived Plaintiffs of their rights guaranteed by the Takings Clause, he is entitled to qualified immunity on all of their takings claims.

Lucas v. Parish of Jefferson

999 F. Supp. 839 · District Court, E.D. Louisiana · Mar 31, 1998

Qualified immunity protects an official from liability unless the official violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Reynolds violated the Lucases clearly established rights in moving to revoke their probation.