Case law

Moon v. Rockdale County

188 F. Supp. 3d 1369 · District Court, N.D. Georgia · May 27, 2016

Next, a plaintiff seeking to overcome a defendant’s qualified immunity privilege must show that (1) the state actor violated plaintiffs constitutional or statutory rights, and (2) those rights were clearly established at … Thus, there remain material questions of fact regarding whether Smith violated Moon’s clearly established constitutional rights.

Villagrana v. Kernan

District Court, N.D. California · Jun 12, 2025

immunity grounds. … Under Ninth Circuit law, qualified immunity is not 4 available to private defendants in a section 1983 suit. Danielson v.

Howard v. Board of Education of Sycamore Community Unit School District No. 427

893 F. Supp. 808 · District Court, N.D. Illinois · Jul 21, 1995

Qualified Immunity Weleker contends he is entitled to qualified immunity as to plaintiffs section 1983 claim because there is no clearly established law that he had a duty to take action in response to the students’ allegedly … Absent allegations stating a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Id.

Krider v. Marshall

118 F. Supp. 2d 704 · District Court, S.D. West Virginia · Oct 6, 2000

Doory, 14 F.3d 993, 995 (4th Cir.1994): “Qualified immunity shields a governmental official from liability for civil monetary damages if the officer’s ‘conduct does not violate clearly established statutory or constitutional … The Court of Appeals has parsed out the qualified immunity analysis: “First, we must identify the right allegedly violated; second, we must decide whether the right was clearly established at the time of the alleged violation

Baker v. Smiscik

49 F. Supp. 3d 489 · District Court, E.D. Michigan · Sep 24, 2014

Embody, 695 F.3d at 581 . *501 Plaintiff fails to meet the clearly-established-right prong for the qualified immunity analysis. … Neither of these sources provides a basis for finding a clearly established constitutional right for purposes of qualified immunity. Barrett, 388 F.3d at 972.

Velharticky v. Independent School District No. 3 of Roger Mills County

846 F. Supp. 941 · District Court, W.D. Oklahoma · May 17, 1993

Therefore, the Court grants summary judgment in favor of all Defendants and against Plaintiff. 2 QUALIFIED IMMUNITY Qualified immunity is available to government officials unless they violate clearly established statutory … Clearly, the board members receipt of complaints and other investigative activities does not violate a clearly established law.

Richards v. Metropolitan Police Department Officer Jennifer Gelsomino

240 F. Supp. 3d 173 · District Court, District of Columbia · Mar 3, 2017

“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 … On the facts as currently alleged, then, Gelsomino is not entitled to qualified immunity because she violated a clearly established constitutional right when she arrested Richards without a warrant or probable cause.

Winburn v. Bologna

979 F. Supp. 531 · District Court, W.D. Michigan · Jun 12, 1997

the qualified immunity question.” … Since Defendants did not violate a clearly established statutory or constitutional right, they are entitled to qualified immunity.

Langworthy v. Dean

37 F. Supp. 2d 417 · District Court, D. Maryland · Feb 8, 1999

As there is not a clearly established constitutional right to have claims of criminal activity by a private actor investigated, the doctrine of qualified immunity will bar these claims. 4 Plaintiff argues that his fight to … As the treaties do not provide the Plaintiff with a clearly established right to have his claims investigated and prosecuted, all of the Defendants are protected from suit by qualified immunity. 6 V As mentioned previously

ABATE of Georgia, Inc. v. State of Georgia

137 F. Supp. 2d 1349 · District Court, N.D. Georgia · Apr 4, 2001

To overcome qualified immunity, Plaintiffs must show that: (1) Defendants violated a federal constitutional right; and (2) the right was clearly established at the time of the violation. Santamorena v. … In Lassi-ter, the Eleventh Circuit held that for a law to be clearly established in the qualified immunity context, “preexisting law must dictate, that is truly compel (not just suggest or allow or raise a question about)

Mobley v. City of Detroit

938 F. Supp. 2d 669 · District Court, E.D. Michigan · Dec 4, 2012

Finally, they argue that the officers had probable cause to arrest, prosecute and seize vehicles, and that qualified immunity shields them because their conduct did not violate clearly established law. … entitled to qualified immunity.

Ankele v. Hambrick

286 F. Supp. 2d 485 · District Court, E.D. Pennsylvania · Oct 8, 2003

The defense of qualified immunity shields government officials performing discretionary acts from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which … Thus, qualified immunity is not available where a plaintiff has alleged a violation of a constitutional right and the right was clearly established when violated.

Reed v. Garden City Union Free School District

987 F. Supp. 2d 260 · District Court, E.D. New York · Dec 16, 2013

Qualified immunity protects an official from civil liability if their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Taravella v. … When evaluating whether qualified immunity applies, the court must engage in a two-part inquiry: 1) whether the constitutional right has been violated; and 2) whether that right was clearly established at the time of the

Minigan v. Irvin

977 F. Supp. 607 · District Court, W.D. New York · Aug 18, 1997

Qualified Immunity. Defendants are also entitled to summary judgment on the ground of qualified immunity. … Even when such rights are clearly established, qualified immunity will protect a government official “if it was objectively reasonable for [the official] to believe that his acts did not violate those rights.”

Pinder v. Commissioners of Cambridge

821 F. Supp. 376 · District Court, D. Maryland · May 10, 1993

The lack of precise factors does not establish Defendants’ qualified immunity. … If an official subject to qualified immunity could claim that a right is not “clearly established” because the right contains limitations or has some uncertain areas of application, then an official would always be immune

Baisi v. Burke

359 F. Supp. 3d 592 · District Court, E.D. Illinois · Jan 9, 2019

Accordingly, defendants are entitled to qualified immunity, and I dismiss the complaint on that basis. … To overcome defendants' assertion of qualified immunity, plaintiff must show that the constitutional right he seeks to vindicate was clearly established at the time of the conduct in question.

Salazar-Limon v. City of Houston

97 F. Supp. 3d 898 · District Court, S.D. Texas · Mar 31, 2015

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 … Thompson’s use of deadly force did not violate Salazar’s clearly established constitutional rights.

Erickson v. Hunter

932 F. Supp. 1380 · District Court, M.D. Florida · Apr 10, 1996

DISCUSSION (1) Qualified Immunity Defendant Don Hunter raises the issue of qualified immunity. … Qualified Immunity will shield public officials performing discretionary functions only to the extent that their actions do not violate clearly established constitutional rights. Harlow v.

Pavlov v. Parsons

574 F. Supp. 393 · District Court, S.D. Texas · Oct 14, 1983

and qualified immunity from the constitutional tort claims. … Once the defendant establishes this defense, the burden then shifts to the plaintiff to prove that the defendants’ action violated clearly established law. Harlow v.

Durruthy v. City of Miami

235 F. Supp. 2d 1291 · District Court, S.D. Florida · Dec 13, 2002

The defense of qualified immunity shields a government official from § 1983 liability for harms arising from the offi- *1296 dal’s discretionary acts, so long as the discretionary acts do not violate clearly established federal … Once the defendant establishes that he was acting within his discretion, the burden shifts to the plaintiff to show, that qualified immunity should not be applied. Id.