Case law

James v. City of Birmingham

926 F. Supp. 2d 1260 · District Court, N.D. Alabama · Feb 19, 2013

Qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … that were allegedly violated were clearly established.

Sloan v. Dulak

868 F. Supp. 2d 535 · District Court, W.D. Virginia · Apr 11, 2012

Qualified immunity protects public officials, including police officers, facing liability under 42 U.S.C. § 1983 , “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Going on to address whether the officer was nevertheless entitled to qualified immunity because the right was not “clearly established,” the First Circuit further stated that “[a] reasonable officer .... would not have needed

Johnson v. Williams

699 F. Supp. 2d 159 · District Court, District of Columbia · Mar 30, 2010

By definition, qualified immunity is not absolute. Rather, it “is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time

Tate v. Fish

347 F. Supp. 2d 1049 · District Court, D. New Mexico · Sep 17, 2004

Qualified Immunity Under the doctrine of qualified immunity, governmental officials performing discretionary functions generally are shielded from liability for civil damages so long as their conduct does not violate clearly … Due to the purposes behind qualified immunity, the court “reviews summary judgment orders deciding qualified immunity questions differently from other summary judgment decisions.” Olsen v.

Tubar v. Clift

453 F. Supp. 2d 1252 · District Court, W.D. Washington · Sep 22, 2006

This “qualified immunity” is determined in two steps. … Moreover, the officer in Acosta was denied qualified immunity because the law at the time of the incident in that case was also “clearly established.”

Smith v. Kenny

678 F. Supp. 2d 1093 · District Court, D. New Mexico · Jul 24, 2009

to qualified immunity. … issue of qualified immunity.

CHS Industries, LLC v. United States Customs & Border Protection

653 F. Supp. 2d 50 · District Court, District of Columbia · Sep 10, 2009

. —, 129 S.Ct. 808, 815 , 172 L.Ed.2d 565 (2009), the Supreme Court gave a succinct overview of the qualified immunity doctrine: 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 a reasonable person would have known.”

Fairman v. Konteh

361 F. Supp. 2d 704 · District Court, N.D. Ohio · Mar 23, 2005

Qualified Immunity Qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If so — if the constitutional right was clearly established, the defendant cannot maintain the defense of qualified immunity. C.

(PC) Perez v. Smith

District Court, E.D. California · Oct 4, 2022

Qualified Immunity 20 The defense of qualified immunity protects “government officials ... from liability for 21 civil damages insofar as their conduct does not violate … based on qualified immunity is appropriate.

Shattuck v. Town of Stratford

233 F. Supp. 2d 301 · District Court, D. Connecticut · Nov 13, 2002

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 to … violate” clearly established constitutional rights).

Campbell v. Casey

166 F. Supp. 3d 144 · District Court, D. Massachusetts · Feb 29, 2016

Defendant seeks summary judgment' due to qualified immunity as well as on the merits. a. … That right has been clearly established by the U.S. Supreme Court for decades.

Minnis v. Board of Supervisors of Louisiana State University & Agricultural & Mechanical College

972 F. Supp. 2d 878 · District Court, M.D. Louisiana · Sep 18, 2013

To achieve this balance, qualified immunity shields government officials from liability when they perform discretionary functions provided that their conduct “does not violate clearly established statutory or constitutional … immunity because they do not clearly violate any of Minnis’s constitutional rights.

Brown v. Grove

647 F. Supp. 2d 1178 · District Court, C.D. California · Jul 16, 2009

Defendants’ Qualified Immunity Defense Is Denied Defendants have moved to dismiss the Complaint in its entirety on the ground that they are entitled to qualified immunity because they did not violate clearly established federal … To be protected under qualified immunity, a government employee must show that the right the plaintiff complains of was not clearly established at the time the defendants acted or, assuming that it was clearly established

Burdeshaw v. Snell

350 F. Supp. 2d 944 · District Court, M.D. Alabama · Jun 4, 2004

Federal Claims and Qualified Immunity 1. General Principles Snell has pled the affirmative defense of qualified immunity. … Under the second prong, the court must determine whether the applicable law was clearly established at the time of the challenged action, that is, whether the defendant would have violated a clearly established right under

Hensley v. Suttles

167 F. Supp. 3d 753 · District Court, W.D. North Carolina · Mar 9, 2016

In response, these Defendants claim they are entitled to summary judgment based on qualified immunity. … In their summary judgment opening brief, the Defendants make no arguments beyond public official immunity/qualified immunity.

Woods v. White

689 F. Supp. 874 · District Court, W.D. Wisconsin · Jul 27, 1988

The Court has carved out a qualified immunity for government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Therefore, the defense of qualified immunity is not available to defendants. See Forrester v.

Retzlaff v. De La VINA

606 F. Supp. 2d 654 · District Court, W.D. Texas · Mar 4, 2009

Finally, defendants assert qualified immunity as a defense to Retzlaffs federal constitutional claims. Defendants have presented evidence that their actions were reasonable in light of clearly established law. Kinney v. … that defendants’ actions violated clearly established federal law.

Blankenship v. Warren County, Va.

918 F. Supp. 970 · District Court, W.D. Virginia · Mar 19, 1996

The doctrine of qualified immunity shields officials who perform discretionary functions “from civil liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … “Under Harlow , therefore, the focus of an inquiry into a defendant’s qualified immunity is ordinarily the ‘objective reasonableness’ of the official’s discretionary conduct as measured by reference to clearly established

Losee v. Preece

District Court, D. Utah · Mar 30, 2022

In particular, Defendants contend the Court did not address the second prong of the qualified-immunity analysis, which is whether the unconstitutional conduct alleged was “clearly established.” (Id.) … Plaintiff counters that Defendants’ qualified-immunity argument is moot. (ECF No. 53, at 3.) Defendants are correct that the Court erred in not giving the clearly-established prong the required treatment.

Beg Investments, LLC v. Alberti

34 F. Supp. 3d 68 · District Court, District of Columbia · Mar 31, 2014

The doctrine of qualified immunity shields government officials, who are sued in their individual capacity for money damages, for “conduct [that] does not violate clearly established statutory or constitutional rights of … That is certainly the case here. 16  The Court thus turns to the second prong of the qualified immunity analysis — whether it was clearly established, in June