Case law

Perez v. School Board

917 F. Supp. 2d 1261 · District Court, S.D. Florida · Jan 17, 2013

Furthermore, because the Defendants have raised qualified immunity as a defense, Plaintiff must allege that the officers violated a clearly-established right. Williams, 102 F.3d at 1182 . … When qualified immunity is raised, Plaintiff must plead facts showing that, at the time of the beating the law clearly established that the force used by the officers was excessive.

Dohner v. Neff

240 F. Supp. 2d 692 · District Court, N.D. Ohio · Dec 11, 2002

Qualified Immunity In Harlow v. … Qualified Immunity for Neff To find a clearly established constitutional right, a district court must find binding precedent from the Supreme Court, its court of appeals, or itself. Ohio Civil Serv. Employees Ass’n. v.

Carter v. Butts County

110 F. Supp. 3d 1325 · District Court, M.D. Georgia · Jun 2, 2015

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional rights of which … In wrongful arrest cases, the Eleventh Circuit has “defined the ‘clearly-established’ prong as an ‘arguable probable cause’ inquiry.” Moran v.

Robey v. Chester County

946 F. Supp. 333 · District Court, E.D. Pennsylvania · Sep 12, 1996

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), a court determines qualified immunity according to an objective standard: an official’s conduct must not violate clearly established statutory or constitutional … Only federal constitutional and statutory rights can be considered in evaluating a claim for qualified immunity under Harlow ; violations of clearly established state law alone are not sufficient. Davis v.

Kaufman v. Carter

952 F. Supp. 520 · District Court, W.D. Michigan · Dec 9, 1996

I conclude that defendants are not entitled to qualified immunity on the ground that it was not “clearly established” that the Rehabilitation Act and the ADA apply to prisons. … Qualified immunity is not available where an official violates “clearly established statutory ... rights of which a reasonable person would have known.” Harlow v.

Viero v. Bufano

901 F. Supp. 1387 · District Court, N.D. Illinois · Dec 28, 1995

Immunity Búfano and Little also seek dismissal on qualified immunity grounds. … That is enough to strip them of any putative qualified immunity because, as Hamilton v.

McIntosh v. Weinberger

617 F. Supp. 107 · District Court, E.D. Missouri · May 24, 1984

from suit under the doctrine of qualified immunity. … Assuming arguendo, that the law was not clearly established at the time the results of the reconstruction panel were destroyed, defendant Turner’s defense of qualified immunity should be sustained.

Becerra v. Unified Government of Wyandotte County/Kansas City

272 F. Supp. 2d 1223 · District Court, D. Kansas · Jul 25, 2003

immunity’ Defendant Mots argues that he is entitled to qualified immunity because his conduct violated no clearly established right of Plaintiffs. … Qualified immunity shields an individual government official performing discretionary functions from liability for civil damages insofar as his conduct does not violate clearly established statutory or constitutional rights

Kanae v. Hodson

294 F. Supp. 2d 1179 · District Court, D. Hawaii · Nov 5, 2003

Hodson’s Qualified Immunity Defense. Hodson argues that he has qualified immunity with respect to Kanae’s claims. … Qualified immunity bars claims against government officials in their individual capacities if their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known

Sharp v. Kelsey

918 F. Supp. 1115 · District Court, W.D. Michigan · Mar 13, 1996

Qualified Immunity With regard to the manner of handling Ms. Sharp, defendants claim they are entitled to qualified immunity. … In the Sixth Circuit, “when a defendant moves for summary judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable

Thompson v. City of Clio

765 F. Supp. 1066 · District Court, M.D. Alabama · May 2, 1991

Qualified Immunity a. … were clearly established in April and May of 1990.

White v. City of Lagrange

952 F. Supp. 2d 1353 · District Court, N.D. Georgia · Jul 3, 2013

“Qualified immunity offers complete protection for individual public officials performing discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which … White has failed to point to particularized case law showing that the right was clearly established.

Urbanique Production v. City of Montgomery

428 F. Supp. 2d 1193 · District Court, M.D. Alabama · Mar 28, 2006

Pursuant to the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Qualified immunity bestows upon government officials a well-established “right” to avoid the burdens, costs and time of trial when the government official does not violate clearly-established constitutional norms.

Fleming v. State University of New York

502 F. Supp. 2d 324 · District Court, E.D. New York · Aug 6, 2007

clearly established legal rules then in effect.” … complains violated clearly established law.”

Raspberry v. Johnson

88 F. Supp. 2d 1319 · District Court, M.D. Alabama · Feb 18, 2000

Qualified immunity shields government officials performing discretionary functions from civil litigation and liability where “their conduct does not violate clearly established ... constitutional rights of which a reasonable … allegedly violated right was clearly established when the allegedly wrongful acts occurred.”

Chavez v. Jefferson County, Texas

District Court, E.D. Texas · Mar 21, 2023

The qualified immunity defense has two prongs: (1) “whether an official’s conduct violated a statutory or constitutional right of the plaintiff”; and (2) “whether the right was clearly established … Regardless of qualified immunity’s origins, this Court is bound by Fifth Circuit precedent and Supreme Court precedent—both which recognize qualified immunity.

Delaney v. Massachusetts Bay Transportation Authority

24 F. Supp. 3d 121 · District Court, D. Massachusetts · Jun 4, 2014

Qualified Immunity For much the same reason, defendants are entitled to qualified immunity. … “A right is clearly established and immunity will not issue only if ‘every reasonable official would have understood that what he is doing violates that right.’ ” Id. at 50-51 (quoting Ashcroft v. al-Kidd, — U.S. -, 131 S.Ct

Williams v. Lopes

64 F. Supp. 2d 37 · District Court, D. Connecticut · Aug 16, 1999

Assuming this case involves clearly established rights, the entitlement to qualified immunity generally turns on the particular facts of a case. Robison v. Via, 821 F.2d *42 913, 921 (2d Cir.1987). … The evidence before the Court clearly establishes that plaintiff cannot recall the events with any accuracy.

Lucas v. Henrico County School Board

822 F. Supp. 2d 589 · District Court, E.D. Virginia · Sep 30, 2011

Qualified immunity shields government officials performing discretionary functions from liability for civil damages, insofar as their conduct does not violate clearly established rights of which a reasonable person would … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson, 555 U.S. at 232 , 129 S.Ct. 808 (internal citations omitted).

Roucchio v. Coughlin

29 F. Supp. 2d 72 · District Court, E.D. New York · Sep 30, 1998

Qualified immunity shields government employees from liability for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … In order to establish qualified immunity, a defendant government official must demonstrate that his or her conduct “did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was