Case law

Parsons v. Pond

126 F. Supp. 2d 205 · District Court, D. Connecticut · Oct 24, 2000

In the event that this threshold determination reveals a possible constitutional violation, [a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was … In the event that this threshold determination reveals a possible constitutional violation, [a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was

Facey v. Dickhaut

91 F. Supp. 3d 12 · District Court, D. Massachusetts · Sep 30, 2014

a violation of clearly established law. … The second prong of the qualified immunity analysis requires that the right have been clearly established at the time that it was allegedly violated. See Feliciano-Hernandez, 663 F.3d at 532 .

Mink v. Knox

566 F. Supp. 2d 1217 · District Court, D. Colorado · Jun 12, 2008

The doctrine of qualified immunity shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law. Elder v. … Whether the application of the Supreme Court’s First Amendment cases to the Colorado criminal libel statute was clearly established under the circumstances of this case The second prong of the qualified immunity inquiry requires

Elbrader v. Blevins

757 F. Supp. 1174 · District Court, D. Kansas · Jan 17, 1991

Examining the record in a light favorable to plaintiff, we cannot hold that defendants are entitled to qualified immunity. There is a clearly established right against retaliation for constitutionally protected speech. … The unlawful intent inherent in such a retaliatory action places it beyond the scope of a police officer’s qualified immunity if the right retaliated against was clearly established. See Coen v.

McDonald v. Kempthorne

831 F. Supp. 2d 313 · District Court, District of Columbia · Dec 23, 2011

“The doctrine of qualified immunity protects government officials ‘from [personal] liability for civil damages insofar as  - 21 - their conduct does not violate clearly established statutory … and whether that right was clearly established.

Muszik v. Town of Redington Shores, Florida

District Court, M.D. Florida · May 20, 2024

Callahan, 55 U.S. 223, 236 (2009) (courts considering qualified immunity are permitted to address whether a constitutional right is clearly established before determining whether it was violated). … A plaintiff seeking to meet her burden under the second step of the qualified immunity analysis can demonstrate that a right or law was clearly established in three ways. See, e.g., Loftus v.

Majdalani v. Auburn University (CONSENT)

District Court, M.D. Alabama · Sep 26, 2024

prong of qualified immunity. … to qualified immunity” by establishing that the Defendant violated a right that was clearly established at the time of the violation).

Smith v. Township of Prairieville

194 F. Supp. 3d 658 · District Court, W.D. Michigan · Jul 11, 2016

Accordingly, no constitutional violation occurred, and the officers are entitled to qualified immunity for this claim. 2. The right was not clearly established. … Clearly Established Right Detective Gustafson also argues that he is entitled to qualified immunity “because it was not clearly established in this particular context that opéning a utensil drawer during a consensual search

Rabinovitz v. City of L. A.

287 F. Supp. 3d 933 · District Court, C.D. California · Mar 2, 2018

Qualified immunity "shields officials from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v. … Qualified Immunity Defendants' qualified immunity defense fails to bar the First Amendment claim.

Perez v. County of Westchester

83 F. Supp. 2d 435 · District Court, S.D. New York · Feb 16, 2000

Qualified immunity shields government officials from liability for damages stemming from their performance of discretionary official functions “insofar as their conduct does not violate clearly established statutory or constitutional … Indeed, “[u]nless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Townsel v. Jamerson

240 F. Supp. 3d 894 · District Court, N.D. Illinois · Mar 6, 2017

Qualified Immunity Finally, Defendants urge the Court to dismiss Plaintiffs claims based on *905 the doctrine of qualified immunity. (Dkt. 23 at 9-11.) … Qualified immunity protects public officials from liability, trial, and interference with their duties when their conduct does not violate clearly established constitutional rights. Purtell v.

Cudd v. Aldrich

982 F. Supp. 463 · District Court, S.D. Texas · Nov 7, 1997

The next inquiry for qualified immunity purposes is whether Cudd’s First Amendment right to be free from political patronage dismissal was clearly established at the time of the alleged violation. … Second, and more importantly, the inquiry into qualified immunity is an objective one: the Court must determine what a reasonable public official would have understood as clearly established law.

Jeffries v. Ayoub

District Court, D. Maryland · Jul 23, 2019

Qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a reasonable … If, as a matter of law, the right at issue was not clearly established at the time, then Ayoub is qualifiedly immune.

Van De Yacht v. the City of Wausau

661 F. Supp. 2d 1026 · District Court, W.D. Wisconsin · Oct 13, 2009

on the ground of qualified immunity. … one is enough to establish the defense of qualified immunity.

Usavage v. Port Authority

932 F. Supp. 2d 575 · District Court, S.D. New York · Mar 26, 2013

Qualified Immunity and Excessive Force “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 … Accordingly, “[a] qualified immunity defense is established only if (1) the officers’ actions did not violate clearly established law, or (2) it was objectively reasonable for the officers to believe that their actions did

Ford v. Donovan

891 F. Supp. 2d 60 · District Court, District of Columbia · Sep 18, 2012

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 … Scherer, 468 U.S. 183, 194 n.12 (1984) (“officials may lose their immunity by violating ‘clearly established statutory . . . rights.’”) (quoting Harlow, 457 U.S. at 818).

Danielle Ex Rel. Komando v. Adriazola

284 F. Supp. 2d 1368 · District Court, S.D. Florida · Sep 4, 2003

However, individual government employees acting within the scope of their official duties enjoy the defense of qualified immunity unless their actions violate “clearly established statutory or constitutional rights of which … Defendants further contend that, even if Plaintiff does state a claim under § 1983, that violation of these state rules was not clearly established, and, therefore, the Defendants are entitled to qualified immunity.

Sprouse v. Ryan

346 F. Supp. 3d 1347 · District Court, D. Arizona · Dec 7, 2017

Qualified immunity therefore turns on the second prong-whether the right at issue was clearly established such that Defendants would have known that their conduct was unlawful. See Saucier v. … Unpublished district court decisions "may inform our qualified immunity analysis," but "absent any published opinions on point or overwhelming obviousness of illegality[,]" a right is rarely clearly established.

Rivas v. Martin

781 F. Supp. 2d 775 · District Court, N.D. Indiana · Mar 18, 2011

Second, they argue that they are entitled to qualified immunity because their actions did not violate any of Rivas’ clearly established statutory or constitutional rights. (Id. at 6.) … Thus, because the allegations state that defendants violated Rivas’ clearly established constitutional rights, defendants cannot be granted qualified immunity at the motion to dismiss stage.

Lewis v. City of Mount Vernon, Mount Vernon Police Dept.

984 F. Supp. 748 · District Court, S.D. New York · Nov 13, 1997

QUALIFIED IMMUNITY Qualified immunity entitles police officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person would have known … The requirement of a clearly established right means that the inquiry to ascertain whether qualified immunity is available differs from the inquiry into whether the Fourth Amendment may have been violated.