Case law

Lewis v. Drouillard

704 F. Supp. 2d 673 · District Court, E.D. Michigan · Mar 22, 2010

On the other hand, qualified immunity protects “government officials performing discretionary functions, ... insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … the establishment of probable cause.

Leventhal v. Schaffer

612 F. Supp. 2d 1026 · District Court, N.D. Iowa · Mar 24, 2009

“Qualified immunity protects public officials from § 1983 damage actions if ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bradford … as to the qualified immunity issue.

Thornburg v. Dora

677 F. Supp. 581 · District Court, S.D. Indiana · Jan 21, 1988

Qualified immunity applies only to the extent relief is sought against an official in his individual capacity. … Under the doctrine of qualified immunity, government officials are shielded from civil liability unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have

Ferreiras

District Court, E.D. Kentucky · Feb 19, 2026

For an officer’s actions to violate clearly established law and negate qualified immunity, a plaintiff must point to existing precedent that “placed the statutory or constitutional question beyond debate.” White v. … immunity because the rights at issue were not clearly established at the time of the violation.

Eisnnicher v. Bob Evans Farms Restaurants

310 F. Supp. 2d 936 · District Court, S.D. Ohio · Mar 31, 2004

Qualified Immunity According to the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate … “Thus, when a defendant moves for summary judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable officer in the

Altaire Builders, Inc. v. Village of Horseheads

551 F. Supp. 1066 · District Court, W.D. New York · Dec 7, 1982

As such *1075 they are entitled to no more than the qualified good faith immunity accorded such officials. … Quite apparently, the court did not view the constitutional claim as clearly before it.

Day v. Delong

358 F. Supp. 3d 687 · District Court, S.D. Ohio · Jan 9, 2019

Qualified Immunity 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.' " White v. … Here, even if Plaintiff had sufficiently pled a federal constitutional violation, Defendants DeLong and Wagner are entitled to qualified immunity because they are not alleged to have violated clearly established constitutional

Hosty v. Governors State University

174 F. Supp. 2d 782 · District Court, N.D. Illinois · Apr 30, 2001

Qualified immunity protects public officials from monetary liability when their conduct does not violate clearly established rights. Harlow v. … However, viewed in a light most favorable to plaintiffs, defendants’ conduct constitutes editorial control, and clearly violates established First Amendment law. Defendants are not entitled to qualified immunity. III.

Mahdy v. Cearley

92 F. Supp. 3d 1145 · District Court, D. New Mexico · Mar 24, 2015

Summary Judgment in Qualified Immunity Cases The well-trod standard on a motion for summary judgment shifts significantly where, as here, the defendant invokes the protection of qualified immunity. See Scull v. … In such instances, the plaintiff bears the “heavy two-part burden” of establishing that “the defendant’s actions violated a [federal] constitutional or statutory right” and that the right in question “was clearly established

Central Claims Service, Inc. v. Computer Science Corp.

706 F. Supp. 463 · District Court, E.D. Louisiana · Feb 10, 1989

Computer Science Corporation is clearly FEMA’s fiscal agent. … Here are the court’s words: The type of case before us presents the strongest arguments for extending qualified immunity to private party defendants.

Steiner v. City of New York

920 F. Supp. 333 · District Court, E.D. New York · Mar 14, 1996

Qualified immunity shields police officers from civil liability where the performance of their discretionary functions “does not violate clearly established statutory or constitutional rights of which a reasonable person … An officer may also establish qualified immunity by showing that, notwithstanding a violation of a clearly established constitutional or statutory right, it was objectively reasonable for him to believe his actions did not

Chandie v. Whelan

21 F. Supp. 2d 170 · District Court, E.D. New York · Sep 3, 1998

“The right to be free of excessive force is clearly established. That there are constitutional limitations on the use of deadly force ... is also clearly established.” Salim v. … Fitzgerald, 457 U.S. 800, 817-818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982)). 2 The standard for establishing a defense of qualified immunity is not in dispute: “A qualified immunity defense is established if a) the defendant

McGarvey v. Biswell

993 F. Supp. 1198 · District Court, C.D. Illinois · Feb 20, 1998

Government officials performing discretionary functions enjoy immunity from personal liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional rights of which a … To conclude that the search and arrest in this case violated clearly established law based on the uninterpreted language of these statutes would rim afoul of the principle that “public officials are entitled to immunity unless

Dunn v. Millirons

176 F. Supp. 3d 591 · District Court, W.D. Virginia · Mar 31, 2016

Qualified Immunity Sheriff Millirons also contends that- he is entitled to qualified immunity. … The defense of qualified immunity shields government officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe *606 that their actions were lawful.” Henry v.

Thornton v. Lund

538 F. Supp. 2d 1053 · District Court, E.D. Wisconsin · Mar 5, 2008

DISCUSSION Defendants argue primarily that they are entitled to qualified immunity. … Clearly Established “Qualified immunity protects government officials from civil liability when performing discretionary functions so long as ‘their conduct does not violate clearly established statutory or constitutional

Baranski v. Fifteen Unknown Agents of ATF

252 F. Supp. 2d 401 · District Court, W.D. Kentucky · Mar 14, 2003

The more important question for qualified immunity purposes is whether Plaintiff can show violation of a clearly established constitutional right in these circumstances. … Defendants are entitled, therefore, to qualified immunity on this claim. III.

Watson v. District of Columbia

District Court, District of Columbia · Jul 19, 2024

Mot. at 6 n.5, arguing only that Director Faust is not entitled to qualified immunity. … Escorsio, 764 F.3d 102, 111 (1st Cir. 2014) (refusing, at the summary judgment stage, to grant qualified immunity to officers based on defendants’ concession that “clearly established law” required officers to take “some

Nuovo v. the Ohio State University

726 F. Supp. 2d 829 · District Court, S.D. Ohio · Jul 16, 2010

The Sixth Circuit has also explained that qualified immunity “shields government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … City of Covington, 933 F.2d 390, 392 (6th Cir.1991) (“A public official is entitled to qualified immunity for conduct in performing discretionary functions so long as that conduct does not violate clearly established statutory

Clemens v. Mount Clemens Cmty. Sch. Dist.

305 F. Supp. 3d 759 · District Court, E.D. Michigan · Mar 30, 2018

Qualified Immunity Qualified immunity is an affirmative defense against a Section 1983 claim. Noble v. Schmitt , 87 F.3d 157 , 160 (6th Cir. 1996). … "[T]he test for qualified immunity has only two prongs-whether the defendant violated a constitutional right and whether the right at issue was clearly established." Brown v.

Holley v. Town of Camp Hill

351 F. Supp. 3d 1359 · District Court, M.D. Alabama · Oct 29, 2018

Evans and Potts are thus entitled to qualified immunity. But under the Supreme Court's recent decision in Lozman v. … It was not clearly established in December 2015 that an arrest supported by probable cause could violate the First Amendment.