Case law

Phat's Bar & Grill v. Louisville Jefferson County Metro Government

918 F. Supp. 2d 654 · District Court, W.D. Kentucky · Jan 22, 2013

Thus, Kentucky law adopts both an objective and a subjective approach to qualified immunity, whereas the federal law only provides immunity where the official objectively violated a person’s clearly established rights. … Because Officer Smith cannot prove that he did not violate Williams, Jr.’s clearly-established rights, Officer Smith’s claim to qualified official immunity on the Kentucky malicious prosecution claim must be denied.

Edwards v. Cabrera

861 F. Supp. 664 · District Court, N.D. Illinois · Aug 10, 1994

Qualified Immunity Qualified immunity will shield the officers from liability to the extent their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The Seventh Circuit has described the qualified immunity inquiry as having two prongs: First, the plaintiff must show that the law was clearly established when the challenged' conduct occurred.

Nagy v. Mone, et al.

2007 DNH 143 · District Court, D. New Hampshire · Nov 28, 2007

If plaintiff does allege the deprivation of a constitutional right, I examine the next two steps in the qualified immunity analysis, asking whether the right was clearly established at the time of the alleged constitutional … Thus, defendants are not entitled to qualified immunity at step two. C. Step Three: Would a Reasonable Officer Have Understood That His Conduct Violated Clearly Established Constitutional Rights?

Johnson v. Williams

584 F. Supp. 2d 97 · District Court, District of Columbia · Nov 3, 2008

In this case, however, even if the law on anonymous stops had been clearly established, the officers would still be entitled to *105 immunity because the uncontroverted evidence shows that they did not know the tip was anonymous … Qualified Immunity From Excessive Force Claim The officers are entitled to qualified immunity from plaintiffs claim of *106 excessive force.

Gutierrez v. City of Indianapolis

886 F. Supp. 2d 984 · District Court, S.D. Indiana · Aug 13, 2012

Under the doctrine of qualified immunity, police officers are shielded “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified Immunity Defendants assert that Officer Kermon is entitled to qualified immunity with respect to Mr. Gutierrez’s excessive force claim.

Yost v. Wilhoit

District Court, E.D. Tennessee · Nov 8, 2021

Defendant Wilhoit also asserts qualified immunity as a defense. … It is well established that a plaintiff has the burden to defeat qualified immunity once it has been raised.

Reed v. Iranon

940 F. Supp. 1523 · District Court, D. Hawaii · Sep 13, 1996

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established constitutional rights of which a reasonable … Qualified immunity “generally turns on the ‘objective legal reasonableness’ of the action assessed in light of the legal rules that ‘clearly established’ at the time it was taken.” Anderson v.

Franz v. Lytle

791 F. Supp. 827 · District Court, D. Kansas · Apr 15, 1992

Qualified immunity claims are governed by the objective albeit fact-intensive “clearly established law” standard enunciated in Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … ‘clearly established’ law.”

Bailey v. Kenney

791 F. Supp. 1511 · District Court, D. Kansas · Apr 16, 1992

Standards for Qualified Immunity Qualified immunity is available to state actors who perform discretionary functions if their actions do not violate clearly established law of which a reasonable person would have known. … violated a clearly established federal right of plaintiff.

Van Dyke v. Washington

896 F. Supp. 183 · District Court, C.D. Illinois · Aug 3, 1995

However, "the defense of qualified immunity shields government officials performing discretionary functions `from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … and (2) whether the constitutional standards implicated were clearly established at the time in question.

Katz v. Molic

727 F. Supp. 114 · District Court, S.D. New York · Dec 21, 1989

The grant of qualified immunity, then, turns upon whether there was a clearly established constitutional right of which the defendants knew or should have known at the time, a question of law which may be addressed by a motion … The Second Circuit held that the complaint should have been dismissed on the ground of qualified immunity because a reasonable state official would not have known that this conduct violated Neu’s “clearly established statutory

Nicole M. Ex Rel. Jacqueline M. v. Martinez Unified School District

964 F. Supp. 1369 · District Court, N.D. California · Apr 15, 1997

Analysis of Qualified Immunity Defense 1. Whether the Law at the Time of Guzman’s Alleged Acts and Omissions Was Clearly Established a. … The investigator asserted a qualified immunity defense, maintaining that the law did not clearly establish that his actions violated Eastwood’s right to privacy.

Cesar v. Achim

542 F. Supp. 2d 897 · District Court, E.D. Wisconsin · Mar 27, 2008

The burden of proving the existence of a clearly established constitutional right is on the plaintiff, and it is a heavy one because qualified immunity is designed to shield from civil liability “ ‘all but the plainly incompetent … Moreover, I do not believe qualified immunity is appropriate at this time, as Achim’s alleged conduct, viewed in the light most favorable to plaintiff, could amount to a violation of a clearly established constitutional right

Kellough v. Bertrand

22 F. Supp. 2d 602 · District Court, S.D. Texas · Sep 25, 1998

Qualified Immunity Bars Plaintiff’s Claim of Excessive Force Established law clearly provides that Plaintiff has a Fourth Amendment right to be free from the use of excessive force by police. … Plaintiffs Claim of Unlawful Arrest is not Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992).

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 .

Joyner v. Greiner

195 F. Supp. 2d 500 · District Court, S.D. New York · Mar 28, 2002

POINT III DEFENDANTS ARE ENTITLED TO QUALIFIED IMMUNITY Defendants are entitled to qualified immunity from civil suits arising from performance of their discretionary functions so long as their conduct “does not violate clearly … Whether an offi *508 cial may invoke qualified immunity “generally turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ ” when the action was

Fera v. City of Albany

568 F. Supp. 2d 248 · District Court, N.D. New York · Jul 30, 2008

“Qualified immunity is an affirmative defense that shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … violated were not clearly established.”

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).

Sollenberger v. Sollenberger

173 F. Supp. 3d 608 · District Court, S.D. Ohio · Mar 25, 2016

clearly established constitutional right. … Sept. 29, 2006) (stating R.C, 311.05 establishes qualified immunity for a sheriff).

Dent v. Montgomery County Police Department

745 F. Supp. 2d 648 · District Court, D. Maryland · Sep 17, 2010

Qualified Immunity The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability.