Case law

Ying Li v. City of New York

246 F. Supp. 3d 578 · District Court, E.D. New York · Mar 31, 2017

“Qualified immunity shields law enforcement officers from § 1983 claims for money damages provided that their conduct does not violate clearly established constitutional rights of which a reasonable person would have been … In short, “[e]ven if the right at issue was clearly established in certain respects, ... an officer is still entitled to qualified immunity if ‘officers of reasonable competence could disagree’ on the legality of the action

Yohn v. Coleman

639 F. Supp. 2d 776 · District Court, E.D. Michigan · Mar 16, 2009

The doctrine of qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … was clearly established.

Wise v. New York City Police Department

928 F. Supp. 355 · District Court, S.D. New York · Jun 12, 1996

“clearly established” statutory or constitutional rights. … their acts did not violate clearly established rights.

Haywood v. Nye

999 F. Supp. 1451 · District Court, D. Utah · Mar 24, 1998

Nye’s claim of absolute immunity is denied. VIII. Qualified Immunity. … Therefore, Nye may not have qualified immunity for her violation of clearly established law unless she can show extraordinary circumstances which would nevertheless make her actions objectively reasonable.

Blake v. Race

487 F. Supp. 2d 187 · District Court, E.D. New York · Mar 29, 2007

In addition, Race is not entitled to qualified immunity on this claim on summary judgment. A theory of supervisory liability was clearly established at the time of the events underlying this case, see Meriwether v. … Defendants also argue that police officers’ Brady obligations were not clearly established in 1990, entitling defendants to qualified immunity.

Wang v. State University of New York Health Sciences Center at Stony Brook

470 F. Supp. 2d 178 · District Court, E.D. New York · Feb 23, 2006

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 … Schia-vone and Glass are entitled to qualified immunity. It was objectively reasonable for Drs. Sehiavone and Glass to believe that their acts did not violate any clearly established rights of Plaintiff.

Bloomingburg Jewish Education Center v. Village of Bloomingburg

111 F. Supp. 3d 459 · District Court, S.D. New York · Jun 9, 2015

Herrmann also argues that he is not alleged to have violated a clearly established federal right, and therefore the claims against him should be dismissed under the doctrine of qualified immunity. … Thus, Herrmann is not alleged to have violated a clearly established federal right, and he is therefore entitled to qualified immunity from suit.

Auvaa v. City of Taylorsville

506 F. Supp. 2d 903 · District Court, D. Utah · Mar 27, 2007

Qualified Immunity “The doctrine of qualified immunity shields public officials ... from damage actions unless their conduct was unreasonable in light of clearly established law.” Elder v. … clearly established at the time of the conduct at issue.

Klayman v. Obama

125 F. Supp. 3d 67 · District Court, District of Columbia · Aug 21, 2015

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In evaluating a qualified immunity defense, the court must determine whether plaintiff has alleged the violation of such a right, and whether the right was “clearly established” at the time of the alleged misconduct.

Pinkney v. Clay County

635 F. Supp. 1079 · District Court, D. Minnesota · Apr 11, 1986

Defendant Johnson asserts that none of these allegations should defeat his absolute or qualified immunity. Unlike prosecutors, social workers do not enjoy absolute immunity. Scott County, 618 F.Supp. at 1565 ; Doe v. … The burden is on the defendant to show that he did not violate such clearly established rights. Green v. White, 693 F.2d 45 (8th Cir.1982), cert. denied, 462 U.S. 1111 , 103 S.Ct. 2464 , 77 L.Ed.2d 1341 (1983).

Dantzler, Inc. v. Puerto Rico Ports Auth.

335 F. Supp. 3d 226 · United States District Court · Sep 26, 2018

Legal Standard "Qualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate 'clearly established' statutory or constitutional … of qualified immunity.

Patton v. Blum

105 F. Supp. 3d 934 · District Court, E.D. Missouri · May 14, 2015

A qualified-immunity analysis involves a two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established ■ at … Here, the “clearly established” prong is dispositive, so I will address that prong first.

Giraldo v. City of Hollywood Florida

142 F. Supp. 3d 1292 · District Court, S.D. Florida · Oct 19, 2015

The Officers argue that they are entitled to qualified immunity, and so Counts I and II should be dismissed. … The Officers also argue that they are entitled to qualified immunity as to Count IV.

Bennett v. Village of Oak Park

748 F. Supp. 1329 · District Court, N.D. Illinois · Oct 25, 1990

Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of … A qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual context presented

Martin v. Stites

203 F. Supp. 2d 1237 · District Court, D. Kansas · May 16, 2002

Qualified immunity shields an individual government official performing .discretionary functions from liability for civil damages if his or her conduct does not violate clearly established statutory or constitutional rights … that the alleged constitutional violation was clearly established.

Rogers v. County of San Joaquin Human Services Agency

363 F. Supp. 2d 1227 · District Court, E.D. California · Dec 10, 2004

In cases such as this, when the constitutional violation depends on an “objective reasonableness” standard similar to that used to establish qualified immunity, the constitutional and qualified immunity *1232 questions become … Alternatively, even if the children were not in immediate danger, defendants contend that they are nevertheless entitled to qualified immunity for the removal because the law was not clearly established as to when children

Dean v. Fluty

231 F. Supp. 3d 513 · District Court, C.D. California · Feb 2, 2017

Qualified immunity protects police officer defendants from liability for civil damages when performing discretionary functions, unless such conduct violated a clearly established constitutional or statutory right of which … Officer Fluty would be entitled to qualified immunity. The Plaintiff argues that Officer Fluty’s alleged misconduct precludes a finding of qualified immunity.

Myers v. Baca

325 F. Supp. 2d 1095 · District Court, C.D. California · Jul 15, 2004

Qualified immunity is appropriate if the facts, taken in the light most favorable to the party asserting injury, do not show that the officer’s conduct violated a clearly established constitutional right. … Clearly Established Nature of the Right 1.

Stych v. City of Muscatine, Ia

655 F. Supp. 2d 928 · District Court, S.D. Iowa · Sep 18, 2009

“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … “Qualified immunity involves the following [ ] inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right and (2) whether that right was clearly established at the time

S.N.B. v. Pearland Independent School District

120 F. Supp. 3d 620 · District Court, S.D. Texas · May 28, 2014

14 “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 … And a single district court décision from outside this Circuit does not clearly establish any such right.