Case law

Hobbs v. Cappelluti

899 F. Supp. 2d 738 · District Court, N.D. Illinois · Sep 28, 2012

Heavener, 520 F.3d 678, 690-91 (7th Cir.2008) (a clearly established right is one where “there is a clearly analogous case establishing a right to be free from the specific conduct at issue or that the conduct is so egregious … was not a clearly established constitutional violation.

Ryan v. Burlington County

674 F. Supp. 464 · District Court, D. New Jersey · Nov 9, 1987

This issue of qualified immunity is an issue for the court. … With specific reference to qualified immunity, the court must determine the objective legal reasonableness of the defendants’ actions assessed in light of the legal rules that were clearly established at the time these actions

Bocchino v. City of Atlantic City

179 F. Supp. 3d 387 · District Court, D. New Jersey · Mar 31, 2016

are entitled to qualified immunity. … in question was clearly established.”

Riggs v. City of Fort Worth

229 F. Supp. 2d 572 · District Court, N.D. Texas · Feb 1, 2002

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS TO QUALIFIED IMMUNITY MEANS, District Judge. … Mendoza is entitled to qualified immunity. 16 Accordingly, for the reasons stated above, the Court concludes that defendant Mendoza’s motion for summary judgment as to qualified immunity is GRANTED.

Davis v. City of Camden

657 F. Supp. 396 · District Court, D. New Jersey · Apr 6, 1987

Whether an official may prevail in a qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” Harlow v. … Dell, 804 F.2d 796 , 803 (2nd Cir.1986) (clearly established in 1983); Ward v. County of San Diego, 791 F.2d 1329, 1333 (9th Cir.1986) (clearly established in 1981) with Fann v.

LeBlanc v. City of Sanford

District Court, E.D. North Carolina · Jun 8, 2021

Plaintiff meets the first prong to defeat Defendants’ assertion of qualified immunity. 2. Was Plaintiff's Right to Due Process Clearly Established? … established, and that they are, therefore, entitled to qualified immunity.

Stephens v. CITY BUTLER, ALA.

509 F. Supp. 2d 1098 · District Court, S.D. Alabama · Jun 23, 2007

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 … As noted above in relation to Lovette’s qualified immunity claim, the court finds that Officer Lovette was clearly acting within his dis *1116 cretionary authority as a peace officer.

Willis v. Blevins

966 F. Supp. 2d 646 · District Court, E.D. Virginia · Aug 16, 2013

“Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional … “To escape dismissal of a complaint on qualified immunity grounds, a plaintiff must (1) allege a violation of a right (2) that is clearly established at the time of the violation.” Evans v.

Atkins v. City of Chicago

632 F. Supp. 2d 851 · District Court, N.D. Illinois · Jul 14, 2009

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Anderson [v. Creighton], supra, [ 483 U.S. 635 ] at 640, 107 S.Ct. 3034 [ 97 L.Ed.2d 523 (1987) ]. … from liability by the doctrine of qualified immunity.

Sanders v. Miller

837 F. Supp. 1106 · District Court, N.D. Alabama · Apr 13, 1992

clearly established law.” … it violated clearly established law.”

SAYED v. Profitt

743 F. Supp. 2d 1217 · District Court, D. Colorado · Sep 27, 2010

Profitt asserts the defense of qualified immunity. … A plaintiff must show that he or she had a constitutional right that was infringed (the “violation prong”), and that such right was clearly established at the time of the alleged infringement (the “clearly established prong

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.

Almond v. Tarver

468 F. Supp. 2d 886 · District Court, E.D. Texas · Aug 15, 2006

A defendant “is entitled to qualified immunity unless he violated a constitutional right that was clearly established at the time of his conduct.” Blackwell v. … In considering a claim of qualified immunity, the court must make a two-pronged inquiry: “The bifurcated test for qualified immunity is quite familiar: (1) whether the plaintiff has alleged a violation of a clearly established

Jordan v. Town of Pratt

886 F. Supp. 555 · District Court, S.D. West Virginia · May 24, 1995

Doory, 14 F.3d 993, 995 (4th Cir.1994) our Court of Appeals discussed generally the application of qualified immunity as follows: “Qualified immunity shields a governmental official from liability for civil monetary damages … Therefore, the Court concludes the law was not clearly established that Mr.

Adorno v. Gonzalez

678 F. Supp. 948 · District Court, D. Puerto Rico · Dec 31, 1987

Moreover, because the action was clearly unconstitutional at the time of the firing, we conclude that the defendants are not entitled to qualified immunity. … There is therefore no qualified immunity for the defendants. IV.

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

Castle v. Marquardt

632 F. Supp. 2d 1317 · District Court, N.D. Georgia · Jul 2, 2009

Qualified Immunity Finally, defendants argue that the doctrine of qualified immunity shields them from liability for all of plaintiffs claims. … “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 a reasonable person

Sheppard v. Aloisi

384 F. Supp. 2d 478 · District Court, D. Massachusetts · Aug 11, 2005

Qualified immunity shields government officials performing discretionary functions from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … As detailed above, the constitutional right at issue must be clearly established at the time of the putative violation to negate the protection of the qualified immunity doctrine.

Pitts v. City of Cuba

913 F. Supp. 2d 688 · District Court, E.D. Missouri · Dec 19, 2012

Nor do Plaintiffs establish that Defendant Robinson is not entitled to qualified immunity as the law was clearly established that his conduct was unconstitutional. … plaintiffs clearly established right.

Moore v. City of Oakland

242 F. Supp. 3d 891 · District Court, N.D. California · Mar 16, 2017

Because Plaintiff cannot show that he had a clearly established right to have DNA evidence tested at some earlier point in time, Officer Tirapelli is entitled to qualified immunity on Plaintiffs Section 1983 claim against … Plaintiffs sole argument in opposition to qualified immunity is a non-starter: he contends that it is “clearly established well before- 2012 that a party is not a ‘driver’ of a vehicle unless they are driving the vehicle”