Case law

Bradley v. Village of Greenwood Lake

376 F. Supp. 2d 528 · District Court, S.D. New York · Jul 13, 2005

Qualified Immunity Qualified immunity shields a public official from civil liability when his conduct does not violate a clearly established statutory or constitutional right. … Whether an official is entitled to qualified immunity requires a two-part analysis.

Kalimah v. CITY OF McKINNEY, TEX.

213 F. Supp. 2d 698 · District Court, E.D. Texas · Aug 2, 2002

The defense of qualified immunity, however, protects § 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … In considering the merits of a qualified immunity defense in excessive force cases, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established law, a reasonable

Poe v. Southeast Delco School District

165 F. Supp. 3d 271 · District Court, E.D. Pennsylvania · Dec 16, 2015

Qualified immunity shields government employees sued in their personal capacities from liability unless their conduct violates “clearly established statutory or constitutional rights ... which a reasonable person would have … Qualified immunity will protect Mosakowski if Plaintiffs have failed to allege she violated their constitutional rights or if Plaintiffs have alleged a violation of a right that was not clearly established at the time of

Billado v. Parry

937 F. Supp. 337 · District Court, D. Vermont · Jul 18, 1996

The deputies do not dispute that the law governing their § 1983 duties was clearly established on March 21, 1992. … Sheriff Manosh claims that he cannot be held liable for the negligent actions of his deputies because they are protected by qualified immunity, and he is protected by official immunity.

Amili v. City of Tukwila

31 F. Supp. 3d 1274 · District Court, W.D. Washington · Jul 10, 2014

The doctrine of qualified immunity, however, ■ protects government officers “performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory … See Torres, 648 F.3d at 1129 (test of whether right is clearly established cannot be so narrow that qualified immunity is transformed into absolute immunity).

Washington v. Jackson State University

532 F. Supp. 2d 804 · District Court, S.D. Mississippi · Mar 15, 2006

Qualified Immunity Qualifiéd immunity protects public officials from civil liability when performing functions of their jobs unless their conduct violates “clearly established statutory or constitutional rights of which a … The Fifth Circuit has held that the “law is considered clearly established if the contours of the right asserted are sufficiently clear that a reasonable official would understand that what he is doing violates that right

Kimbrough v. Hogan

District Court, D. Nebraska · Feb 28, 2024

Plaintiff’s Motion to Strip Immunity must be denied for at least two reasons. First, while qualified immunity can be defeated in some scenarios, see Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity protects government officials only to extent that their conduct does not violate clearly established rights of which a reasonable person should have known), specific

Scherer v. Davis

543 F. Supp. 4 · District Court, N.D. Florida · Jun 7, 1982

Qualified Immunity. As public officials, defendants Davis and Beach enjoy a qualified immunity which limits their liability for damages. Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); Cruz v. … Plaintiff suggests that this court should adhere to a recent Fifth Circuit decision which held that officials were not entitled to qualified immunity when they violated clearly established state law. Wiliams v.

Davenport v. Tunnell

698 F. Supp. 1542 · District Court, W.D. Oklahoma · Oct 28, 1988

In Coen , our circuit stated: Qualified immunity is an affirmative defense that protects government officials from persona] liability unless their actions violate clearly established law of which a reasonable person would … Moreover, if the law in this area is not yet “clearly established”, defendants still prevail because plaintiffs failed to clear the first hurdle in the qualified immunity analysis.

Waller v. Spears

61 F. Supp. 2d 574 · District Court, E.D. Texas · Jan 14, 1999

Qualified Immunity When a defendant pleads the defense of qualified immunity, the court must first determine whether the plaintiff has alleged a clearly established constitutional right. Siegert v. … Qualified immunity shields officers from a damage suit if they could have reasonably believed their actions to be lawful, in light of clearly established law and the information the arresting officers possessed at the time

Soto v. City of New York

132 F. Supp. 3d 424 · District Court, E.D. New York · Sep 18, 2015

Accordingly, *444 Bonilla is not entitled to absolute immunity. 32 ii. Qualified Immunity Even if absolute immunity does not apply, the doctrine of qualified immunity may bar a plaintiffs claims. … Accordingly, even if Defendants could not establish probable cause, they would be entitled to qualified immunity as to Plaintiffs false arrest claims.

Mills v. City of Bogalusa

112 F. Supp. 3d 512 · District Court, E.D. Louisiana · Jun 29, 2015

Qualified Immunity Defendants also assert that they are entitled to qualified immunity. Rec. Doc. 13-1 at 10. … The qualified immunity defense shields “a government official from civil liability for damages based upon the performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly

Doyle v. Dukakis

699 F. Supp. 357 · District Court, D. Massachusetts · Nov 4, 1988

Qualified Immunity. The Court need not rest its decision on such a broad determination, however, in light of the qualified immunity from suit available to these defendants. In Harlow v. … The Supreme Court wrote that if a judge, on summary judgment, determines that “the law was clearly established at the time an action occurred, the immunity defense ordinarily should fail since a reasonably competent public

Anaya v. Crossroads Managed Care Systems, Inc.

973 F. Supp. 1228 · District Court, D. Colorado · Aug 28, 1997

Defendant Montoya has asserted that he is entitled to qualified immunity because plaintiffs have failed to show that he violated clearly established law. … Further, a defendant is entitled to qualified immunity *1245 if the plaintiff fails to show that the law was clearly established ...

D'AGOSTINO v. New York State Liquor Authority

913 F. Supp. 757 · District Court, W.D. New York · Jan 30, 1996

for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … by qualified immunity.

Wheeler v. Gidley

2005 DNH 122 · District Court, D. New Hampshire · Aug 29, 2005

However, “the doctrine of qualified immunity protects public officials from civil liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Moreover, “[t]he right to be free from arrest without constitutionally adequate probable cause is clearly established,” Cox, 391 F.3d at 30 (citing Wagenmann v .

Zellner v. Summerlin

399 F. Supp. 2d 154 · District Court, E.D. New York · Sep 6, 2005

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 rights of which … qualified immunity, the Court must consider whether the officers “reasonably should have comprehended that their specific actions transgressed that ‘clearly established’ right.”

Stone v. Holzberger

807 F. Supp. 1325 · District Court, S.D. Ohio · Jun 3, 1992

In the alternative, the Sheriff’s defendants claim that they are entitled to qualified immunity because Ms. Stone had no clearly established right to a prompt judicial hearing. However, Ms. … Stone’s clearly established Fourth Amendment rights, he is not entitled to qualified immunity. Accordingly, Ms.

Baltas v. Erfe

District Court, D. Connecticut · Sep 15, 2022

"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 … If no such right is clearly established, then the defendants are protected by qualified immunity.

Maes v. Folberg

504 F. Supp. 2d 339 · District Court, N.D. Illinois · Jun 27, 2007

Once a qualified immunity defense is raised, it is plaintiffs burden to establish that her constitutional right was clearly established. Boyd v. Owen, 481 F.3d 520, 527 (7th Cir.2007) (internal citations omitted). … by qualified immunity.