Case law

Stevens v. Trumbull County Sheriffs' Department

63 F. Supp. 2d 851 · District Court, N.D. Ohio · Sep 1, 1999

Qualified Immunity Defendant Norman Olson asserts that he is entitled to judgment as a matter of law on the basis of qualified immunity. … Because no clearly established constitutional right existed at the time the alleged violation occurred, Defendant Olson is entitled to qualified immunity- State Claims This Court finds that genuine issues of material fact

Wilson v. Franceschi

735 F. Supp. 395 · District Court, M.D. Florida · Feb 5, 1990

Whether an official asserting qualified immunity is immune from suit is determined by the “ ‘objective reasonableness’ of his action assessed in light of the legal rules that were ‘clearly established’ at the time it was … Further, “Once a defendant advances a defense of qualified immunity, he is entitled to summary judgement unless ‘the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions

Lawlor v. Metropolitan Water Reclamation District of Greater Chicago

District Court, N.D. Illinois · Mar 11, 2020

“The qualified immunity defense is designed to protect government agents ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Pearson, 555 U.S. at 243 (holding that officers were entitled to qualified immunity where they “did not violate clearly established law”).

Kirkland v. Luken

536 F. Supp. 2d 857 · District Court, S.D. Ohio · Mar 6, 2008

to qualified immunity. … Because plaintiff fails to establish a violation of his clearly established constitutional rights, it follows that the other defendants are also entitled to qualified immunity.

Maggio v. Florida, Department of Labor & Employment Security

56 F. Supp. 2d 1370 · District Court, M.D. Florida · Jul 19, 1999

“Qualified immunity protects government officials performing discretionary functions from civil trials (and the other burdens of litigation, including discovery) and from liability if their conduct violates ‘no clearly established … To defeat their claim of qualified immunity, Plaintiff must establish that the individual Defendants “violated her clearly established constitutional rights,” and “that a reasonable government official would have been aware

Prison Legal News v. Chapman

44 F. Supp. 3d 1289 · District Court, M.D. Georgia · Aug 26, 2014

The Eleventh Circuit “has said clearly, consistently, and on numerous occasions that we may only consider the precedent of these courts in determining whether case law has ‘clearly established’ a right for qualified immunity … In short, the unlawfulness of the publication ban was not clearly established. Defendants are therefore entitled to qualified immunity as to this First Amendment claim. 2.

Dockery v. Unified School District No. 231

382 F. Supp. 2d 1234 · District Court, D. Kansas · Aug 12, 2005

Qualified Immunity for Dr. Yoho (Count II) Dr. Yoho also argues that Count II of the first amended complaint must be dismissed against him, as he is entitled to qualified immunity. … Once a defendant asserts a qualified immunity defense, the court employs a two-part test.

Bonds v. Fizer

713 F. Supp. 2d 752 · District Court, N.D. Illinois · May 20, 2010

If an officer can establish “arguable probable cause” to arrest the plaintiff, then he is entitled to qualified immunity. Williams, 269 F.3d at 781 . … “A plaintiff seeking to defeat the assertion of qualified immunity must establish that the law concerning the plaintiffs asserted right was clearly established at the time the challenged conduct occurred.” Kog er v.

Shifrin v. Wilson

412 F. Supp. 1282 · District Court, District of Columbia · May 12, 1976

Having established that Wilson is entitled to the “good faith and reasonableness” qualified immunity, the Court turns to the question of whether, under those standards, his liability can be determined on plaintiff’s motion … Instead, as this Court held, again pursuant to established precedent, a “good faith and reasonableness” qualified immunity is appropriate for the officials involved.

Reardon v. Midland Community Schools

814 F. Supp. 2d 754 · District Court, E.D. Michigan · Sep 2, 2011

Defendants further contend that even if Plaintiffs’ complaint does state a claim for relief, because Stevens and Faust did not violate a clearly established constitutional right, they are entitled to qualified immunity. … Moreover, even if depositions revealed additional evidence, Plaintiffs are still required to demonstrate that the constitutional right at issue is clearly established to overcome qualified immunity.

Rainey v. Patton

873 F. Supp. 2d 908 · District Court, S.D. Ohio · Jun 1, 2012

Qualified Immunity 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 … was clearly established.

Thomas v. Walton

461 F. Supp. 2d 786 · District Court, S.D. Illinois · Sep 19, 2006

In general, of course, a government officer is entitled to qualified immunity if a reasonable officer could have believed that his or her conduct was constitutional in light of the clearly established law and the information … All of the constitutional violations alleged by Thomas implicate clearly established constitutional rights, making summary judgment on the basis of qualified immunity improper. *798 As discussed, Count 2, the remaining portion

Cordoves v. Miami-Dade County

92 F. Supp. 3d 1221 · District Court, S.D. Florida · Mar 12, 2015

based upon qualified immunity.” … Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which

Strong v. Grambling State University

159 F. Supp. 3d 697 · District Court, W.D. Louisiana · Mar 25, 2015

Nevertheless, “[qualified immunity protects public officers from suit if their conduct does not violate any ‘clearly established statutory or constitutional rights of which a reasonable person would have known’ ” Prison Legal … Hollins, 551 F.3d 322, 326 (5th Cir.2008)). *712 In order to overcome the defense of qualified immunity, the plaintiff must show: “(l)the official violated a statutory or constitutional right; and (2) the right was clearly

Bailey v. Pataki

636 F. Supp. 2d 288 · District Court, S.D. New York · Jul 10, 2009

still entitled to qualified immunity. … that defendants are entitled to qualified immunity as a matter of law.

Gonsalves v. Internal Revenue Service

791 F. Supp. 19 · District Court, D. Maine · Apr 28, 1992

See, e.g., Wages, 915 F.2d at 1235 (“[Defendants are clearly entitled to qualified immunity, since no prior decisions from our circuit have clearly established any of the constitutional rights alleged to have been violated … ’s complaint alleges no actions by defendants that violated a clearly established constitutional right to due process, defendants are immune from suit.”); Baddour, Inc. v.

Rojero v. El Paso County

226 F. Supp. 3d 768 · District Court, W.D. Texas · Apr 28, 2016

The qualified immunity defense serves to shield government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … of qualified immunity.”

Reynolds v. City of Anchorage

225 F. Supp. 2d 754 · District Court, W.D. Kentucky · Oct 4, 2002

“A public official is entitled to qualified immunity for conduct in performing discretionary functions so long as that conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Laccheo, 935 F.2d 109, 111 (6th Cir.1991) (holding that defendants were entitled to qualified immunity because they did not violate a clearly established right, and even if they did actually violate the law a reasonable police

State Employees' Ass'n of New Hampshire, Inc. v. Lang

682 F. Supp. 660 · District Court, D. New Hampshire · Feb 17, 1988

Qualified Immunity “Qualified immunity is provided for government officials because ‘permitting damages suits against government officials can entail substantial social costs, including the risk that fear of personal monetary … In order to overcome qualified immunity, the officials’ acts must violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Rinderer v. Delaware County Children & Youth Services

703 F. Supp. 358 · District Court, E.D. Pennsylvania · Mar 19, 1987

established law. … Again, the record is too bare for me to determine whether Ansel is immune from suit by reason of qualified immunity with respect to Richard’s privacy claim. 1 .