Case law

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.

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).

Spencer v. Lavoie

986 F. Supp. 717 · District Court, N.D. New York · Dec 1, 1997

However, “[qualified immunity insulates public officials from claims for damages where their conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ … Qualified immunity also will protect a defendant, even where the right was clearly established, if the undisputed facts show that it was objectively reasonable for the defendant to believe the acts did not violate that right

Dudley v. Eden

49 F. Supp. 2d 581 · District Court, N.D. Ohio · May 4, 1999

assessed in light of the legal rules that were ‘clearly established’ at the time.” … For purposes of qualified-immunity analysis, it is first important to note that Dudley has alleged a violation of his clearly established right to be free from the use of excessive force.

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

Brickell v. Clinton County Prison Board

658 F. Supp. 2d 621 · District Court, M.D. Pennsylvania · Sep 10, 2009

Defendants’ Entitlement to Qualified Immunity Saucier v. Katz has mandated a two-step analysis concerning qualified immunity. … Defendants claim that they are entitled to qualified immunity, as they did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Lee v. Coughlin

902 F. Supp. 424 · District Court, S.D. New York · Sep 28, 1995

QUALIFIED IMMUNITY Defendants do assert qualified immunity as an affirmative defense to plaintiffs due process claim and request for damages. … Qualified immunity acts to shield government officials from liability under Section 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

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

Falk v. County of Suffolk

781 F. Supp. 146 · District Court, E.D. New York · Dec 24, 1991

Qualified Immunity All defendants have moved for summary judgment on all claims on the ground that they are protected by the doctrine of qualified immunity. … The phrase “clearly established statutory or constitutional rights” is dispositive here.

Decker v. Fish

126 F. Supp. 2d 342 · District Court, D. Vermont · Oct 25, 2000

Qualified Immunity With respect to Decker’s excessive force, assault and battery claims stemming from the incidents on August 9, 1997, defendants Fish and Hill raise the defense of qualified immunity. … “A defense of qualified immunity is established if ‘(a) the defendants’ action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such

Copson v. Hephner

District Court, S.D. West Virginia · Mar 30, 2021

“Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … officer had violated the son’s clearly established Fourth Amendment rights.

Williams v. Hall

District Court, N.D. Indiana · Sep 9, 2021

Sangamon Cnty., 705 F.3d 706, 727 (7th Cir. 2013) (“Courts generally hold that the use of a taser against an actively resisting suspect either does not violate clearly established law or is constitutionally reasonable. … Blackburn, 911 F.3d 458, 463 (7th Cir. 2018) (granting officer qualified immunity for administering four Taser shots in less than a minute during arrest of actively resisting subject). Mr.

Wright v. City of Salisbury, Mo.

656 F. Supp. 2d 1013 · District Court, E.D. Missouri · Sep 10, 2009

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 person … a constitutional right; and (2) whether the right was "clearly established."

Gallo v. District of Columbia

District Court, District of Columbia · Aug 7, 2026

Qualified immunity similarly insulates the Administrator from suit. … Qualified immunity shields state and local officials from damages claims unless they (1) violated a right (2) that was clearly established at the time. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

LaFrance v. Rampone

678 F. Supp. 72 · District Court, D. Vermont · Feb 5, 1988

Absolute immunity is rarely granted; qualified immunity is the norm. Functions most apt to be accorded absolute, rather than qualified, immunity are those integrally related to the judicial process. … Protected by qualified immunity, defendants will not be liable to plaintiff unless they violated clearly established law of which a reasonable official would or should have known. See Harlow v.

Smith v. Cochran

216 F. Supp. 2d 1286 · District Court, N.D. Oklahoma · May 9, 2001

Qualified Immunity The doctrine of qualified immunity shields public officials performing discretionary functions from § 1983 liability for civil damages if their actions do not violate “clearly established statutory or constitutional … Thus, Cochran is not entitled to summary judgment on his qualified immunity defense because Smith has alleged facts sufficient to show that Cochran violated clearly established federal law such that a reasonable government

Lane v. District of Columbia

211 F. Supp. 3d 150 · District Court, District of Columbia · Sep 30, 2016

officers is barred by qualified immunity. … “[Qualified immunity shields police officers from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Prison Legal News v. Babeu

933 F. Supp. 2d 1188 · District Court, D. Arizona · Mar 20, 2013

Because the blanket ban violated clearly established constitutional law of which a reasonable officer should know, no qualified immunity attaches to the conduct at issue. … Qualified immunity does not attach to their conduct because the rights they violated were clearly established at the time.

Omar v. Casterline

414 F. Supp. 2d 582 · District Court, W.D. Louisiana · Feb 8, 2006

Qualified Immunity In this case, the defendants have pleaded qualified immunity to both the constitutional and statutory allegations made by Omar. … Qualified immunity provides protection for officials performing discretionary functions against “civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable