Case law

Wright v. Butts

953 F. Supp. 1352 · District Court, M.D. Alabama · Jul 31, 1996

The state defendants contend that, in their individual capacities, they are immune from damages under the well-established doctrine of qualified immunity. … Instead, the question in this case, as in all qualified immunity cases, is fact specific: in May 1991, was it clearly established in this circuit that it was unconstitutional for a mental institution to fail to supervise

Patterson v. Armstrong County Children and Youth Services

141 F. Supp. 2d 512 · District Court, W.D. Pennsylvania · May 22, 2001

Qualified Immunity — Substantive Due Process All defendants raise qualified immunity as a defense to plaintiffs’ civil rights claims. … The “clearly established law” element of qualified immunity is flexible enough to embrace clearly established law of other circuits. See, e.g., Turiano v.

Black v. City of Mobile

963 F. Supp. 2d 1288 · District Court, S.D. Alabama · Aug 5, 2013

Chief Williams is also entitled to qualified immunity under the same burden-shifting standard as used in evaluating Martin’s claim for qualified immunity. … Chief Williams is entitled to qualified immunity at this stage in the proceedings unless Black demonstrates a violation of a clearly established constitutional right.

Bowser v. Blair County Children and Youth Services

346 F. Supp. 2d 788 · District Court, W.D. Pennsylvania · Nov 18, 2004

The Third Circuit has discussed qualified immunity in the following manner and terms: A right is “clearly established” for qualified immunity purposes only if “[t]he contours of the right” are “sufficiently clear that a reasonable … In determining whether qualified immunity is applicable, the Court must first determine for the purposes of the motion if, in fact, a constitutional right was violated, and second, if that right was “clearly established”

Husain v. Springer

336 F. Supp. 2d 207 · District Court, E.D. New York · Sep 2, 2004

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), they are entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights of which a reasonable … For a constitutional right to be ‘clearly established’ for purposes of determining whether an officer is entitled to qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would

Heller v. Woodward

735 F. Supp. 996 · District Court, D. New Mexico · Apr 10, 1990

Plaintiff’s right to be in the room and to perform the duties of a reporter is clearly established under Perry Education Ass’n v. … In light of the above facts clearly in dispute which are material to defendant’s claim of immunity, I find that an appeal of the denial of the defendant’s summary judgment motion on the issue of qualified immunity is baseless

Fortunati v. Campagne

681 F. Supp. 2d 528 · District Court, D. Vermont · Dec 29, 2009

Under qualified immunity doctrine, government actors are not liable for damages unless they “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Judge Sessions recently laid out the second step as follows: The second step of the qualified immunity analysis asks whether the officials’ actions violated “clearly established statutory or constitutional lights of which

Flynn v. City of Santa Clara

388 F. Supp. 3d 1158 · District Court, N.D. California · May 22, 2019

However, viewpoint discrimination is barred under clearly established First Amendment law. … Alcarez but, even if not, at the very least, qualified immunity protects the individual officers as there was no clearly established law holding that defense of others is a legal defense to a § 148(a)(1) violation. III.

Pleasant v. Lovell

654 F. Supp. 1082 · District Court, D. Colorado · Feb 12, 1987

Alternatively, defendants contend that they are entitled to qualified immunity because they did not violate clearly established constitutional rights which a reasonable investigator would have known. … Under Harlow , then, qualified immunity is established if it is proven that there was no violation of clearly established statutory or constitutional rights of which a reasonable person would have known.

Chevallier v. Hand

884 F. Supp. 2d 807 · District Court, W.D. Arkansas · Aug 6, 2012

Because an “in the presence” requirement for a warrantless police arrest on a misdemeanor offense is “far from clearly established,” according to the Eighth Circuit, the question of whether Defendant is entitled to qualified … If Defendant had probable cause to arrest, under the circumstances, his actions would receive qualified immunity. Veatch, 627 F.3d at 1259 .

Galen v. County of Los Angeles

322 F. Supp. 2d 1045 · District Court, C.D. California · Jan 9, 2004

established at the time the search took place, the officers were entitled to the defense of qualified immunity. … “[A] plaintiff can only survive summary judgment on a defense claim of qualified immunity if the plaintiff can both establish a substantial showing of deliberate falsehood or reckless disregard and establish that, without

Santana v. Calderon

188 F. Supp. 2d 160 · District Court, D. Puerto Rico · Feb 14, 2002

The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person … qualified immunity.

Snider v. Pekny

899 F. Supp. 2d 798 · District Court, N.D. Indiana · Sep 27, 2012

Governmental officials are entitled to immunity from civil liability under § 1983 for their actions, with the important qualifier that the officials’ conduct must not violate any clearly established statutory or constitutional … Snider’s argument against qualified immunity is that his “Fourth Amendment right to be free from unreasonable searches, seizures, and arrest was clearly established at the time.” DE 98 at 12.

McIntyre v. United States

336 F. Supp. 2d 87 · District Court, D. Massachusetts · Sep 30, 2004

Qualified Immunity Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … The defense of qualified immunity applies unless the law is clearly established either by materially similar precedent or by general legal principles that apply with obvious clarity to the facts of the case. Hope v.

Dockery v. Tucker

73 F. Supp. 2d 224 · District Court, E.D. New York · Sep 24, 1998

As discussed above, Tucker is entitled to qualified immunity if plaintiffs rights were not clearly established, see Mitchell v. … As discussed above, defendant Tucker is entitled to qualified immunity if plaintiffs rights were not clearly established, see Mitchell v.

Exford v. City of Montgomery

887 F. Supp. 2d 1210 · District Court, M.D. Alabama · Aug 24, 2012

United States, 457 F.3d 1088, 1096 (9th Cir.2006) (“In the absence of binding precedent, we look to whatever decisional law is available to ascertain whether the law is clearly established for *1222 qualified immunity purposes … the relevant law clearly enough to defeat qualified immunity.

Fields v. Blake

349 F. Supp. 2d 910 · District Court, E.D. Pennsylvania · Dec 20, 2004

Under the qualified immunity doctrine, “[o]fficials exercising discretionary powers are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Once a plaintiff has *922 established a constitutional violation, courts evaluating a qualified immunity claim must decide whether the constitutional right was clearly established. Id.

Freeman v. Fallin

310 F. Supp. 2d 11 · District Court, District of Columbia · Feb 26, 2004

Qualified immunity “shield[s 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.” … establish that the urinalysis testing at issue here qualifies as a search.

Ruffino v. Sheahan

61 F. Supp. 2d 764 · District Court, N.D. Illinois · Aug 10, 1999

The doctrine of qualified immunity shields government officials from liability in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A plaintiff must show that a constitutional violation occurred and that the applicable constitutional standards were clearly established at the time of the alleged violation. Erwin v.

Trujillo v. Rio Arriba County ex rel. Rio Arriba County Sheriff's Department

319 F.R.D. 571 · District Court, D. New Mexico · Dec 19, 2016

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.