Case law

Gilliam v. USD 244 School District

397 F. Supp. 2d 1282 · District Court, D. Kansas · Oct 27, 2005

Second, if the plaintiff has alleged a constitutional violation, the court must determine whether that constitutional violation was clearly established at the time of the defendant’s conduct. Id. … The burden is upon the defendant to establish immunity under one or more of the immunity exceptions. Id.

Strong v. Gorman

310 F. Supp. 3d 380 · District Court, W.D. New York · Apr 19, 2018

that a police officer was entitled to qualified immunity where the officer shot a woman who was wielding a large knife and who refused commands to drop the knife. … But again, the Court does not even need to reach the issue of qualified immunity.

Santiago v. City of Vineland

107 F. Supp. 2d 512 · District Court, D. New Jersey · Aug 2, 2000

The Defendants contend that even if Santiago can establish that they did not act with probable cause, they are entitled to qualified immunity on Santiago’s federal claim. … Because the qualified immunity analysis set forth in the brief of Romano and Gallo clearly contends that qualified immunity is available to the police officer defendants, and does not mention Romano and Gallo in their positions

BRYANT v. POTTSGROVE SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Sep 19, 2025

Lucas’ argument flips the qualified immunity burden. Qualified immunity is not, as Lucas characterizes it, a “shield” that Bryant must “remove” by pleading a violation of clearly law established law. … Nor is “qualified immunity” a “a talismanic phrase that relieves Defendants of their burden to show that their actions did not violate . . . clearly established constitutional [or statutory] rights.” Jennings v.

Koutny v. Martin

530 F. Supp. 2d 84 · District Court, District of Columbia · Dec 31, 2007

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 … “the sometimes nuanced issues involved with qualified immunity” becomes “unnecessary.”

Todd v. United States

613 F. Supp. 552 · District Court, D. Montana · Jul 22, 1985

The Court stated as follows: If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … However, the defendants seek too narrow an interpretation of the phrase “clearly established constitutional right.” The clearly established constitutional right is the First Amendment guarantee of freedom of speech.

Bailey v. Pacheco

108 F. Supp. 2d 1214 · District Court, D. New Mexico · Apr 6, 2000

Immunity, Defendant Effie Osborne’s Motion for Summary Judgment on Qualified Immunity, and Defendant Maureen Grindell’s Motion for Summary Judgment and Qualified Immunity are well taken and will be granted and that Defendant … and Qualified Immunity (Docket No. 416), filed July 6,1999 GRANTED.

Hummel v. McCotter

28 F. Supp. 2d 1322 · District Court, D. Utah · Dec 2, 1998

Because Plaintiff has failed to show that Defendants violated his clearly established rights to procedural or substantive due process, Defendants are entitled to qualified immunity. … Plaintiff asserts further that the DOC Defendants are not entitled to qualified immunity because this right was clearly established.

Kaminsky v. Schriro

243 F. Supp. 3d 221 · District Court, D. Connecticut · Mar 20, 2017

The doctrine of qualified immunity shields “government officials performing discretionary functions”' from civil damages liability as long as “their conduct does not violate clearly established statutory or constitutional … Vega, 371 F.3d 110, 117 (2d Cir. 2004) (“[Qualified immunity protects that officer unless his performance was in violation of clearly established law, or was plainly incompetent.

Keehner v. Dunn

409 F. Supp. 2d 1266 · District Court, D. Kansas · Dec 16, 2005

such as qualified immunity. 25 Upon a defendant’s assertion of a qualified immunity defense in a summary judgment motion, plaintiff has a two-part burden. … clearly established such that a reasonable person in the defendant’s *1272 position would have known the conduct violated the right.” 26 The issue of immunity is a legal one and the Court may not avoid it by framing it as

Pappas v. New Haven Police Department

278 F. Supp. 2d 296 · District Court, D. Connecticut · Aug 29, 2003

” that might still support their qualified immunity claims. … contrary to established case law, the specific facts of this case preclude any finding of qualified immunity.

Ezell v. Darr

951 F. Supp. 2d 1316 · District Court, M.D. Georgia · Jun 12, 2013

Darr’s Individual Liability and Qualified Immunity Public officials acting within the scope of their discretionary authority are protected by qualified immunity as long as their actions do not violate clearly established … the right was clearly established at the time of the alleged violation.

Cullen v. Janvrin et al.

2015 DNH 212 · District Court, D. New Hampshire · Nov 19, 2015

In sum, Supreme Court precedent entitles police officers to qualified immunity for constitutional violations unless the applicable law is so clearly established that only an incompetent officer would fail to understand … Accordingly, Chief Janvrin and Sergeant Raymond are entitled to qualified immunity with respect to Cullen’s failure to investigate claim.15 14Even if clearly established law in 2011 obligated police officers who

Cole v. BUCHANAN COUNTY SCHOOL BOARD

661 F. Supp. 2d 569 · District Court, W.D. Virginia · Oct 1, 2009

Clearly, Virginia law establishes county school boards that have a wide breadth of financial autonomy and independent responsibilities. … The individual members of the Board then moved to dismiss on the ground of qualified immunity, which motion was denied. Cole v. Buchanan County Sch. Bd., No. 1:07CV00001, 2007 WL 4613039 , at *4 (W.D.Va. Dec. 29, 2007).

Whitley v. NEW MEXICO CHILDREN, YOUTH & FAMILIES

184 F. Supp. 2d 1146 · District Court, D. New Mexico · Jul 26, 2001

Whether Defendants Rosales, Drake, and Zarate are entitled to qualified immunity. [2] Under the doctrine of qualified immunity, governmental officials performing discretionary functions generally are shielded from liability … Thus, Defendants are entitled to qualified immunity with respect to Plaintiff's ง 1983 claims.

Erickson v. Board of County Commissioners of Delta

801 F. Supp. 414 · District Court, D. Colorado · Aug 15, 1992

Qualified immunity shields government officials from liability for civil damages while performing discretionary functions insofar as their conduct does not violate clearly established statutory or constitutional rights of … In some circumstances the fact-specific balance struck under Pickering may preclude a determination of “clearly established law”, thereby giving rise to qualified immunity under Harlow. Patrick, 953 F.2d at 1246 .

Popham v. City of Talladega

742 F. Supp. 1504 · District Court, N.D. Alabama · Jun 1, 1989

Once a defendant advances a defense of qualified immunity, he is entitled to summary judgment unless “the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions_” Mitchell … When a jail official in a jail suicide case raises the defense of qualified immunity as to claims under § 1983, the -plaintiff must persuade the court that the law was clearly established that the defendant’s conduct in the

Calhoun v. Thomas

360 F. Supp. 2d 1264 · District Court, M.D. Alabama · Mar 11, 2005

As established by the Supreme Court in Harloiv, the test for qualified immunity hinges on whether the officials’ conduct was objectively reasonable in light of established law. … purposes, and now turns to the more pivotal aspects of the qualified immunity inquiry; that is, whether Calhoun has adequately alleged violation of a constitutional right, and whether that right was clearly established at

Johnson Ex Rel. Estate of Cano v. Holmes

377 F. Supp. 2d 1051 · District Court, D. New Mexico · Sep 30, 2004

STANDARD FOR SUMMARY JUDGMENT WHEN A DEFENDANT HAS RAISED THE QUALIFIED IMMUNITY DEFENSE Qualified immunity “protects government officials from personal liability unless their actions violate clearly established law of which … Lindsey, 334 F.3d 1246, 1248 (11th Cir.2003)(holding that foster children have a clearly established fourteenth amendment liberty interest in physical safety)(citing Taylor v.

Herrin v. Treon

459 F. Supp. 2d 525 · District Court, N.D. Texas · Oct 10, 2006

Qualified Immunity The doctrine of qualified immunity shields government employees who are performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established … Once a defendant has properly invoked the defense of qualified immunity, the plaintiff bears the burden of establishing that the defendant-official is not entitled to qualified immunity before the case can proceed any further