Case law

Delgado v. Jones

277 F. Supp. 2d 956 · District Court, E.D. Wisconsin · Aug 11, 2003

Qualified Immunity Defendant Jones argues that summary judgment must be granted based on qualified immunity. … Under 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 clearly established statutory

Diop v. City of New York

50 F. Supp. 3d 411 · District Court, S.D. New York · Aug 21, 2014

The Court holds that, while the defendants have not established that Mr. Diop’s arrest and prosecution were supported by probable cause, the individual defendants are entitled to qualified immunity. … Qualified Immunity “[A]n arresting officer is entitled to qualified immunity on claims of false arrest and malicious prosecution if either: (a) it was objectively reasonable for the officer to believe that probable cause

Montanez v. Guevara

District Court, N.D. Illinois · May 29, 2018

This holding is based on the first prong of the qualified immunity analysis—whether a constitutional violation was alleged—and not the second— whether the right was clearly established at the time of violation. … The qualified immunity defense focuses instead on whether the official defendant’s conduct violated a clearly established constitutional right. (emphasis in original)); Fields II, 740 F.3d at 1114.

E & E Construction Co. v. Illinois

674 F. Supp. 269 · District Court, N.D. Illinois · Nov 26, 1987

And even if they do not, the classifications must still withstand “rational basis” scrutiny- Qualified Immunity Each Individual Defendant is entitled to qualified immunity from damages unless her or his actions in enforcing … the Act violated a clearly established right (Harlow v.

Williams v. Klien

20 F. Supp. 3d 1171 · District Court, D. Colorado · Feb 24, 2014

Qualified Immunity Finally, Captain Klien argues he is entitled to qualified immunity concerning the First Amendment claim of Mr. Williams. … Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate clearly established statutory or constitutional

Jemaneh v. University of Wyoming

82 F. Supp. 3d 1281 · District Court, D. Colorado · Mar 11, 2015

“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 … To resolve a claim of qualified immunity, the Court must consider two elements: (1) whether a constitutional violation occurred, and (2) whether the right violated was “clearly established” at the time of the violation.

Freitas v. Stone

818 F. Supp. 1333 · District Court, D. Hawaii · Apr 15, 1993

Qualified Immunity Standard When a law enforcement officer asserts qualified immunity from liability, the district court must determine whether, in light of clearly established principles governing the conduct in question … In order to overcome a claim of qualified immunity, however, the plaintiff must show that the right an official is alleged to have violated must be clearly established in a particularized sense: The contours of the right

King v. Wells

94 F.R.D. 675 · District Court, E.D. Michigan · Jul 9, 1982

If the law was clearly established at the time the action occurred, the immunity defense will ordinarily fail, “since a reasonably competent public official should know the law governing his conduct.” Id. … The Supreme Court’s overriding concern in articulating these elements was to establish an objective standard for measuring qualified immunity so that the issue could be determined more readily on summary judgment, thus protecting

Lopez-Sanchez v. Vergara-Agostini

419 F. Supp. 2d 78 · District Court, D. Puerto Rico · Feb 24, 2006

QUALIFIED IMMUNITY “Qualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate ‘clearly established’ statutory authority or … The defendants are not entitled to prevail on the affirmative defense of qualified immunity since it was clearly established in 2002 that discharging someone based upon political affiliation from a position other than trust

Davidson v. City of Jacksonville, Fla.

359 F. Supp. 2d 1291 · District Court, M.D. Florida · Feb 16, 2005

In response, Defendants raise a claim of qualified immunity. … “The defense of qualified immunity completely protects government officials performing discretionary functions from suit in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional

Telfair v. Gilberg

868 F. Supp. 1396 · District Court, S.D. Georgia · Oct 24, 1994

Qualified Immunity Gilberg first raises the defense of qualified immunity. … There is thus a material issue as to whether Gilberg’s conduct violated the clearly established law, and his qualified immunity defense must fail at this time. D. Official Immunity 1.

Blumel v. Mylander

954 F. Supp. 1547 · District Court, M.D. Florida · Jan 23, 1997

The affirmative defense of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Even if CCA were entitled to raise the affirmative defense of qualified immunity, its policy, on its face, violated “clearly established ... constitutional rights of which a reasonable person would have known.”

Jordan v. Fox, Rothschild, O'Brien, and Frankel

792 F. Supp. 393 · District Court, E.D. Pennsylvania · May 1, 1992

in its immunity analysis whether defendants violated a clearly established right in confessing judgment, and should have considered "the validity of the underlying confessed judgment.” … The point is not material, however, to whether defendants enjoy qualified immunity. 4 .

Brown v. Short

729 F. Supp. 2d 125 · District Court, District of Columbia · Jul 30, 2010

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 person would have known … in light of clearly established law.

Callaway v. Okmulgee School District 1

District Court, E.D. Oklahoma · Jul 11, 2025

clearly established at the time of defendant's alleged misconduct.” … Plaintiff may show the law to be “clearly established” by citing an on-point Supreme Court or Tenth Circuit decision, or by showing “the clearly established weight of authority from other courts must have found the law

Lawyer v. City of Council Bluffs, Iowa

240 F. Supp. 2d 941 · District Court, S.D. Iowa · Nov 20, 2002

Qualified Immunity Clark and Newby raise the defense of qualified immunity. The Eighth Circuit has just recently again summarized the qualified immunity analysis: ... … A state actor is entitled to qualified immunity when his “ ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” [Sexton v.

Littleton v. PRINCE GEORGE'S COUNTY, MD.

797 F. Supp. 2d 648 · District Court, D. Maryland · Jun 21, 2011

qualified immunity analysis. … Defendants bear the burden of establishing qualified immunity. Cloaninger ex rel. Estate of Cloaninger v. McDevitt, 555 F.3d 324 , 332 n. 10 (4th Cir.2009).

Bean v. District of Columbia Courts

930 F. Supp. 2d 93 · District Court, District of Columbia · Mar 14, 2013

“In order to have a protectable right, a person ‘clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … SULLIVAN UNITED STATES DISTRICT JUDGE 1 Even if Lewis and Ballester enjoyed only qualified immunity, or no immunity at all, plaintiff would not succeed against them under

Stone v. City of Grand Junction, Tenn.

765 F. Supp. 2d 1060 · District Court, W.D. Tennessee · Mar 31, 2011

“Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability unless their conduct violates clearly established constitutional rights.” Bishop v. … (2) the right was clearly established.”

H.Y. Ex Rel. K.Y. v. Russell County Board of Education

490 F. Supp. 2d 1174 · District Court, M.D. Alabama · Apr 16, 2007

“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 … “[T]he law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. Supreme Court, Eleventh Circuit Court of Appeals, or the highest court of the state where the case arose.” Wilson v.