Case law

Estate of Goodwin by and through Alvarado v. Connell

376 F. Supp. 3d 1133 · District Court, D. Colorado · Mar 12, 2019

Qualified Immunity Ms. Connell argues that she is entitled to qualified immunity with respect to plaintiffs' substantive due process claims brought under 42 U.S.C. § 1983 . Docket No. 70 at 5. … was clearly established at the time of the defendant's conduct."

Peschel v. City of Missoula ex rel. Missoula Police Department

686 F. Supp. 2d 1092 · District Court, D. Montana · Oct 15, 2009

The doctrine of qualified immunity provides a public official performing a discretionary function immunity in a civil action for damages, provided his or her conduct does not violate clearly established federal statutory … Second, if a violation of a constitutional right can be found, was the right clearly established? Id.

Tucker v. Randall

840 F. Supp. 1237 · District Court, N.D. Illinois · Dec 8, 1993

Under these circumstances, we do not find that the Defendants violated a “clearly established,” particularized law at the time of the alleged violation that would preclude a qualified immunity defense on this issue. … For this reason, Tucker’s deprivation claims are barred by the qualified immunity doctrine because he does not assert any “clearly established” law at the time of the violation that would support his individual claims.

Willey v. Kirkpatrick

664 F. Supp. 2d 218 · District Court, W.D. New York · Oct 13, 2009

Qualified Immunity Defendants maintain that the Complaint should be dismissed on the ground of qualified immunity, since their actions were “objectively reasonable.” … Here, Defendants rely on the “objectively reasonable” prong of the qualified immunity defense, but they do not cite any language in the Complaint that would establish that their actions were objectively reasonable.

Franklin v. County of Dutchess

225 F.R.D. 487 · District Court, S.D. New York · Jan 27, 2005

The Second Circuit has held that the law cannot be “clearly established” for qualified immunity purposes by district court opinions, but only by the decisions of the applicable circuit court or the Supreme Court. … established” for qualified immunity purposes.

Clardy v. Pounds

District Court, M.D. Tennessee · Jun 30, 2023

as “clearly established federal law, as determined by the Supreme Court.” … Taylor, 529 U.S. 362, 391 (2000) (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”).

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.

Estate of Barnwell ex rel. Barnwell v. Roane County

103 F. Supp. 3d 892 · District Court, E.D. Tennessee · Apr 9, 2015

The defendants’ qualified immunity defense is unavailing. … Qualified immunity analysis is a two-step process, where the court considers (1) whether the defendant’s action violated a constitutional right; and (2) whether that right was clearly established such that a reasonable officer

MacFarlane v. Town of East Bridgewater

110 F. Supp. 3d 310 · District Court, D. Massachusetts · Jun 23, 2015

Qualified Immunity — In General “Under the doctrine of qualified immunity, police officers are protected ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … to qualified immunity.

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.

Sullivan v. Dallas County Sheriff's Department

District Court, N.D. Texas · Oct 7, 2024

“The reasonableness of the official’s conduct and the degree to which the particular right in question was clearly established are thus merged into one issue for purposes of the qualified immunity analysis.” … , on his own, to defeat qualified immunity’s clearly established prong.

Blanco v. City of Clearwater, Fla.

9 F. Supp. 2d 1316 · District Court, M.D. Florida · Jun 17, 1998

“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 … “Once the qualified immunity defénse is raised, plaintiffs bear the burden of showing that the federal ‘rights’ allegedly violated were ‘clearly established.’ ” Lassiter, 28 F.3d at 1150 n. 3 (citing Barts v.

Stalhut v. City of Lincoln

145 F. Supp. 2d 1115 · District Court, D. Nebraska · May 30, 2001

DISCUSSION “Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known.” Yowell v. … Stated another way, qualified immunity shields a defendant from suit if he or she could have reasonably believed his or her conduct to be lawful “in light of clearly established law and the information [that the defendant

Fiorentino v. SSA

District Court, D. New Hampshire · Sep 27, 1996

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … This is sufficient to state a claim alleging a violation of Fiorentino's clearly established rights under the 6 Eighth Amendment.

Reed v. City of Modesto

122 F. Supp. 3d 967 · District Court, E.D. California · Aug 7, 2015

Qualified Immunity Standard “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 … “[T]he Supreme Court set forth a two-part test for qualified immunity in excessive force cases.

Lile v. Simmons

143 F. Supp. 2d 1267 · District Court, D. Kansas · Apr 20, 2001

Qualified immunity shields a defendant from pecuniary liability unless he violated clearly established constitutional or statutory norms. Anderson v. … Absent an identifiable liberty interest, plaintiff cannot establish that defendants violated clearly established law. Accordingly, defendants are entitled to summary judgment on the issue of qualified immunity. 3.

Arroyo Lopez v. Nuttall

25 F. Supp. 2d 407 · District Court, S.D. New York · Nov 4, 1998

Qualiñed Immunity Nor is Nuttall shielded from liability by the doctrine of qualified immunity. … A government official is entitled to qualified immunity when the official’s conduct does not *410 violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v.

Proescher v. Bell

966 F. Supp. 2d 1350 · District Court, N.D. Georgia · Aug 21, 2013

Qualified immunity protects government officials who perform discretionary functions from suits in their individual capacities, unless their conduct violates “clearly established statutory or constitutional rights of which … “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Id.

Range v. Douglas

878 F. Supp. 2d 869 · District Court, S.D. Ohio · Jul 13, 2012

In finding that the individual defendants were -not entitled to qualified immunity, *880 the Chesher court found that it was clearly-established that a substantive due process violation occurs where “authorities permití] … Because Plaintiffs have failed to establish a constitutional violation, this Court does not need to consider whether Plaintiffs’ constitutional right was clearly established for purposes of qualified immunity.

Snow v. Village of Chatham

84 F. Supp. 2d 322 · District Court, N.D. New York · Jan 21, 2000

, the issue of qualified immunity may be decided on a motion for summary judgment. … Qualified immunity for police officers is available on a motion for summary judgment if it appears, from undisputed facts, that an officer’s conduct did not violate constitutional rights that were clearly established at the