Case law

Wilmot v. Tracey

938 F. Supp. 2d 116 · District Court, D. Massachusetts · Mar 28, 2013

“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 … “[T]he second, ‘clearly established’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado, 568 F.3d at 269 .

C.F. v. Capistrano Unified School District

656 F. Supp. 2d 1190 · District Court, C.D. California · Sep 15, 2009

established’ to preclude qualified immunity.” … Thus, the doctrine of qualified immunity looks to whether there was a clearly established right in issue.

Sherrod v. SCHOOL BD. OF PALM BEACH COUNTY

703 F. Supp. 2d 1279 · District Court, S.D. Florida · Mar 18, 2010

Qualified Immunity Qualified immunity operates to ensure that “before they are subjected to suit, [public] officers are on notice their conduct is unlawful.” Hope v. … Thus, qualified immunity shields government officials performing discretionary functions from liability for civil damages unless their actions violate “clearly established statutory or constitutional rights of which a reasonable

The Estate of Roosevelt Holliman v. Turner

District Court, N.D. Mississippi · Sep 1, 2023

constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.” … Once qualified immunity has been “raised as a defense by a defendant, … the plaintiffs have the burden of establishing the proof and arguments necessary to overcome it.” Strickland v. City of Crenshaw, 114 F.

Knight v. State of Oklahoma

District Court, N.D. Oklahoma · Apr 12, 2022

Qualified Immunity – Scully and Sugg Defendants Scully and Sugg also have pending a motion to dismiss, making various arguments including that their actions are shielded by qualified immunity. … Jordan, 958 F.2d 332, 336 (10th Cir. 1992) (noting discovery should not be allowed until the court resolves the threshold question of clearly established law).

Smith v. Washtenaw Intermediate School District

District Court, E.D. Michigan · Jan 24, 2020

Qualified immunity will apply when the injury Plaintiff alleges is taken by the collective action of Defendants, not individual defendants. See Humphrey v. … Mabry, 482 F.3d 840, 847 (6th Cir. 2007) (individual officers are entitled to qualified immunity even when they collectively had sufficient knowledge to figure out that they were violating the plaintiff’s clearly established

Sharp v. Liebel

District Court, N.D. Indiana · Sep 13, 2021

He previously only raised a qualified immunity argument on that issue. … 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

Henriquez v. Farmers Branch Texas

District Court, N.D. Texas · Dec 8, 2021

The established procedure under which courts must address qualified immunity, once asserted, therefore “prevents a defendant entitled to immunity from being compelled to bear the costs of discovery and other pre-trial … to qualified immunity.

Daugevelo v. County Of Sullivan

District Court, S.D. New York · Dec 22, 2020

The doctrine of qualified immunity protects officials from liability for civil damages when, “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to … If an officer’s belief that his action does not violate clearly established law is “objectively reasonable,” he is shielded from liability by qualified immunity. Cooper v. City of New Rochelle, 925 F.

MUSE v. RHOADS

District Court, S.D. Indiana · Mar 31, 2021

"Once qualified immunity is raised, the plaintiff has the burden of establishing that his or her rights were violated and that the law concerning the proffered right 'was clearly established at the time the challenged … Muse "has the burden of establishing" that his rights were violated under "clearly established" law in order to overcome qualified immunity. Burritt, 807 F.3d at 249.

Pueblo of Pojoaque v. New Mexico

214 F. Supp. 3d 1028 · District Court, D. New Mexico · Sep 30, 2016

Qualified Immunity Motion Reply at 9. With respect to the clearly established prong, the Individual Defendants argue that the Plaintiffs still fail to establish a violation of a clearly established right. … Clearly Established Rights in the Qualified Immunity Analysis.

(PC) Melendez v. Diaz

District Court, E.D. California · Jul 2, 2024

The law is also “clearly established” for the purposes of qualified immunity 17 if “every reasonable official would have understood that what he is doing violates th[e] right” at 18 issue. Taylor v. … In other words, the correctional 16 officer was entitled to qualified immunity if there was no clearly established right to properly 17 conducted security checks.

Perkins

District Court, M.D. Alabama · Feb 17, 2026

Qualified Immunity Qualified immunity shields government officials from personal liability “for civil damages insofar as their conduct does not violate clearly established … allege a violation of clearly established law.”

HINDMAN v. CITY OF PITTSBURGH, PENNSYLVANIA

District Court, W.D. Pennsylvania · Sep 16, 2024

The basis for his assertion is strangely worded, but he appears to be arguing that the constitutional right was not “clearly established” at the time he acted because “[t]here is no clearly established right to be free … the defendant’s conduct violated a clearly established right.”

Ashaheed v. Porcher

District Court, D. Colorado · May 26, 2020

their conduct was unreasonable in light of clearly established law.” … Because Plaintiff has failed to establish that Plaintiff’s right to maintain his beard was clearly established under the First Amendment at the time of Defendant’s conduct, the Defendant is entitled to qualified immunity

Keil v. TRIVELINE

720 F. Supp. 2d 1088 · District Court, W.D. Missouri · Jun 24, 2010

However, subsequent United States Supreme Court cases reveal that limited discovery on the qualified immunity issue is allowed, so long as the plaintiffs allegations state a violation of clearly established law. … In Mitchell, the Court opined, Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

Lawson v. S.W.V.R.J.A.

District Court, W.D. Virginia · Feb 3, 2020

Pelzer, 536 U.S. 730, 736 (2002) (“The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation.”) … Furthermore, “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Lee v. Denver Public Schools

District Court, D. Colorado · Oct 6, 2022

Qualified Immunity Qualified immunity is a question of law, although disputes of fact that necessarily inform the qualified immunity analysis may go to a jury. Maestas v. … City of Las Cruces, 584 F.3d 888, 895–902 (10th Cir. 2009) (qualified immunity unavailable at summary judgment where the plaintiff's version of the facts, if believed, would constitute a violation of a clearly established

ESTATE OF ANDRE ALEXANDER GREEN v. CITY OF INDIANAPOLIS

District Court, S.D. Indiana · Nov 13, 2019

Qualified immunity “[Q]ualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional … Dkt. 38 at 30.1 The Court exercises its discretion to begin with the second, “clearly established law” prong of the qualified-immunity test. See Pearson, 555 U.S. at 236. Mr.

(PC) Williams v. Pilkerten

District Court, E.D. California · May 13, 2020

Qualified 19 immunity shields government officials from civil damages unless their conduct violates “clearly 20 established statutory or constitutional rights of which a reasonable person would have known.” 21 Harlow … right, and if so, whether 28 the right was clearly established.