Case law

Gall v. City of Vidor, Tex.

903 F. Supp. 1062 · District Court, E.D. Texas · Oct 2, 1995

Qualified immunity allows public officials performing discretionary functions to be generally shielded from liability for civil damages as long as their conduct does not violate “clearly established rights of which a reasonable … Luce’s actions, this court finds that a clearly established exception to the general rule against warrantless searches and seizures exists and Mr. Luce is entitled to qualified immunity as a matter of law.

Reynolds v. County of San Diego

224 F. Supp. 3d 1034 · District Court, S.D. California · Oct 3, 2016

Plaintiffs argue Defendant Bryson’s claim of qualified immunity should be defeated because she should have known that her actions violated the Plaintiffs’ clearly established rights. … In the Ninth Circuit, courts assess qualified immunity using a two-part analysis: “1) Was the law governing the official’s conduct clearly established?

Martel v. TOWN OF SOUTH WINDSOR

562 F. Supp. 2d 353 · District Court, D. Connecticut · Jun 12, 2008

Qualified Immunity Determination Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Thus, a qualified immunity defense is established where “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Alvarez Sepulveda v. Colon Matos

247 F. Supp. 2d 76 · District Court, D. Puerto Rico · Feb 24, 2003

“[S]tate officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably prudent … “[S]tate officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably prudent

Harris v. Hayter

970 F. Supp. 500 · District Court, W.D. Virginia · Jul 18, 1997

When a defendant raises the qualified immunity defense, the court should address it at the earliest possible stage because qualified immunity is “an entitlement not to stand trial or face the other burdens of litigation.” … In determining whether a defendant is entitled to qualified immunity, the focus is upon the reasonable person and whether he would have known that he was violating a clearly established constitutional right.

Buckner v. SHETTERLEY

621 F. Supp. 2d 1300 · District Court, M.D. Georgia · Dec 15, 2008

DISCUSSION Defendant argues that Plaintiff failed to produce sufficient evidence at trial to defeat Defendant’s entitlement to qualified immunity and that it was not “clearly established” that her conduct violated Plaintiffs … For purposes of qualified immunity, the Eleventh Circuit has identified three sources of “clearly established” law.

Fisher v. Dallas County

299 F.R.D. 527 · District Court, N.D. Texas · Apr 18, 2014

“Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v. … See Morin, 77 F.3d at 120 (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”); Schultea, 47 F.3d at

Rodriguez v. Nazario

719 F. Supp. 52 · District Court, D. Puerto Rico · Jul 31, 1989

relief; 4 that defendants have failed to establish that they perform discretionary functions which is a requisite for qualified immunity; and that defendants’ actions were violative of clearly established law and therefore … and has not been clearly established on this matter.

Brown v. City of Oneonta, NY

858 F. Supp. 340 · District Court, N.D. New York · Jul 18, 1994

Wilson and Hunt claim that the court applied the qualified immunity test improperly and assert that they cannot be held liable under 42 U.S.C. § 1983 unless it was clearly established that an exception to FERPA did not apply … Yet, even if the rights in question are clearly established, a government actor may still be shielded by qualified immunity if “it was objectively reasonable for the public official to believe that his acts did not violate

Alexander v. Margolis

921 F. Supp. 482 · District Court, W.D. Michigan · Nov 1, 1995

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Court held that a defense of qualified immunity depends upon the reasonableness of an official's conduct, as measured by reference to clearly established … In his response to defendants’ claim of qualified immunity, he has not alleged how the defendants’ actions alleged in his complaint have violated clearly established law.

Russell v. City of Tupelo, Mississippi

District Court, N.D. Mississippi · Jun 16, 2021

Clifton, 29 F.3d 1012 (5th Cir. 1994) (holding that law enforcement officers are entitled to qualified immunity “unless it is shown that, at the time of the incident, [the officer] violated a clearly established constitutional … An officer may successfully invoke the defense of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Durr v. Slator

District Court, N.D. New York · Sep 2, 2021

Torreso, 764 F.3d 217, 231 (2d Cir. 2014) ("An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury"). … "Even if the force is objectively unreasonable, an officer may still be eligible for qualified immunity if it was objectively reasonable for the officer to believe that her action did not violate clearly established law

Gardetto v. Mason

854 F. Supp. 1520 · District Court, D. Wyoming · Jun 7, 1994

immunity, the plaintiff must establish that the defendant’s actions violated clearly established rights. … Finally, the Court also finds that this corpus of law was certainly clearly established at the time of the events in question such that the motion for qualified immunity on this claim must also be denied. iii.

Monroe Ex Rel. C.B.D. v. McNairy County

520 F. Supp. 2d 917 · District Court, W.D. Tennessee · Nov 6, 2007

When the defense of qualified immunity is raised, the plaintiff bears the burden of establishing that the “contours” of the constitutionally right allegedly violated were sufficiently clear, at the time of the alleged violation … Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)) (Qualified immunity shields police officers from suit if a reasonable officer could have believed the plaintiffs arrest to be lawful, in light of clearly established

Duffie v. Wichita County

990 F. Supp. 2d 695 · District Court, N.D. Texas · Dec 31, 2013

immunity analysis and asks whether, nevertheless, qualified immunity is appropriate because the Officer Defendants’ actions were objectively reasonable “in light of clearly established law at the time of the conduct in question … As already stated, qualified immunity is a defense available to public officials performing discretionary functions “... insofar as their conduct does not violate clearly established statutory or constitutional rights of

Gonzalez-Perez v. Davila

680 F. Supp. 2d 347 · District Court, D. Puerto Rico · Jun 8, 2009

The defense of qualified immunity protects an official who violated the plaintiffs federally protected right as long as the official did not violate clearly established federal law at the time he acted. Harlow v. … The “clearly established” prong of the qualified immunity defense for a supervisor is satisfied “when (1) the subordinate’s actions violated a clearly established constitutional right, and (2) it was clearly established that

Hardy v. Fischer

701 F. Supp. 2d 605 · District Court, S.D. New York · Mar 31, 2010

Qualified Immunity The doctrine of 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 … are accordingly entitled to qualified immunity.

Gant v. United States Probation Office

994 F. Supp. 729 · District Court, S.D. West Virginia · Feb 13, 1998

In contrast to absolute immunity, qualified immunity shields a government official from liability for civil monetary damages if the official’s conduct does not violate clearly established statutory or constitutional rights … First, the court finds that Gant has failed to allege the violation of a clearly" established right.

Garcia v. Montgomery County

145 F. Supp. 3d 492 · District Court, D. Maryland · Nov 5, 2015

Clearly Established Right Although the Court finds a constitutional right to video record public" police activities, Officers Baxter and Malouf would still be entitled to qualified immunity if that right was not clearly established … Cunniffe, 655 F.3d 78, 85 (1st Cir.2011)), it is the law of the case that such a right is clearly established for purposes of qualified immunity.

Bouchard v. Whetstone

772 F. Supp. 2d 1352 · District Court, D. Colorado · Feb 24, 2011

To overcome a claim of qualified immunity, the plaintiff first must establish “that the defendant’s actions violated a constitutional or statutory right.” Albright v. … QUALIFIED IMMUNITY Officers Whetstone and Jimenez assert the defense of qualified immunity. *1359 Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability