Case law

Ruffins v. DEPARTMENT OF CORRECTIONAL SERVICES

701 F. Supp. 2d 385 · District Court, E.D. New York · Mar 31, 2010

“clearly established federal law” for the purposes of qualified immunity. … At the time the Second Circuit had Earley before it for consideration, the relevant law may have been clearly established for the purposes of AEDPA and not clearly established for the purposes of qualified immunity.

Hassell v. Fischer

96 F. Supp. 3d 370 · District Court, S.D. New York · Apr 1, 2015

Qualified Immunity Qualified immunity “protects public officials performing discretionary functions from personal liability in a civil suit for damages ‘insofar as their conduct does not violate clearly established statutory … Defendants’ entitlement to qualified immunity, therefore, turns on whether and when the rights that Hassell invokes were “clearly established.” Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 .

McMullen v. Starkville Oktibbeha Consolidated School District

200 F. Supp. 3d 649 · District Court, N.D. Mississippi · Jul 29, 2016

To raise qualified immunity, “[a]n officer need only plead his good faith, which then shifts the burden to the plaintiff, who must rebut the defense by establishing that the officer’s allegedly wrongful conduct violated clearly … A civil rights “plaintiff can overcome a qualified immunity defense by showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged

Thomas v. City of Phila.

290 F. Supp. 3d 371 · District Court, E.D. Pennsylvania · Feb 2, 2018

Instead, the Court concludes that any procedural due process right is not (and was not at the relevant time) clearly established, meaning that the officers are entitled to qualified immunity in this case. A. … In any event, the real battle on the Brady count is qualified immunity: did police officers (as opposed to prosecutors) have clearly established Brady duties in 1993? In Gibson v.

Heller v. Plave

743 F. Supp. 1553 · District Court, S.D. Florida · Jul 18, 1990

Qualified Immunity Qualified immunity insulates government officials from personal liability for actions within their discretionary authority. Harlow v. … Whether an official is entitled to qualified immunity requires two inquiries: (1) whether the law was clearly established at the time of the alleged misconduct; and, (2) whether the alleged misconduct violated that clearly

Rodriguez v. Tisch

688 F. Supp. 1530 · District Court, S.D. Florida · Jul 19, 1988

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 … “Unless the plaintiff's allegations state a claim of violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Jones v. Marcum

197 F. Supp. 2d 991 · District Court, S.D. Ohio · Mar 11, 2002

is per se violative of a “clearly established” right. … The ultimate, more particularized question in the qualified immunity context is whether Jones’ had a clearly established right under the facts as he states them. This case falls into the realm of Brandenburg .

Lucas v. The City of Reynoldsburg

District Court, S.D. Ohio · Jun 2, 2025

because they violated no clearly established right. … Thus, an official sued under 42 U.S.C. § 1983 is entitled to qualified immunity unless the plaintiff shows that the official violated a statutory or constitutional right that was “clearly established” at the time of the

Bailey v. Pataki

722 F. Supp. 2d 443 · District Court, S.D. New York · Jul 6, 2010

If either prong is missing, qualified immunity is warranted; however, the burden is on defendants to establish qualified immunity. … that were clearly established at the time it was taken.”

Anderson v. Vasquez

District Court, M.D. Florida · Sep 30, 2019

To avoid summary judgment based on qualified immunity, a plaintiff must show both that the defendant violated a federal right and that the right was already clearly established in light of the circumstances that occurred … “The burden of showing that an officer violated clearly established law falls on the plaintiff, and a plaintiff’s citation of general rules or abstract rights is insufficient to strip a 1983 defendant of his qualified immunity

SINGH v. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

District Court, M.D. North Carolina · Mar 2, 2023

Finally, the individual capacity claims fail on qualified immunity grounds because the Individual Defendants did not violate a clearly established constitutional right. … Callahan, 555 U.S. 223, 231 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”)

Wilson v. Maricopa County

484 F. Supp. 2d 1015 · District Court, D. Arizona · Dec 19, 2006

This right is clearly established. … Denial of Qualified Immunity on Summary Judgment.

Rowe v. Carson

911 F. Supp. 389 · District Court, D. Nebraska · Jan 12, 1996

Qualified Immunity Qualified immunity is an affirmative defense, Mahers v. … Furthermore, I find that even if the plaintiffs right was clearly established, under the third step of the qualified immunity enquiry a reasonable probation officer would not have understood that his actions violated that

Harris v. City of New York

222 F. Supp. 3d 341 · District Court, S.D. New York · Dec 2, 2016

Qualified immunity exists to protect government employees from civil liability where performance of their discretionary functions “does not violate clearly established statutory or constitutional rights of which a reasonable … Probable cause is no defense to such a claim, Zahrey, 221 F.3d at 355 , and qualified immunity is unavailable where “the action violates an accused’s clearly established constitutional rights, and no reasonably competent

Hill v. D.J. Taylor

District Court, N.D. Illinois · Jan 3, 2023

Defendants also assert that they are entitled to qualified immunity. A. … Qualified immunity is available to protect the Officers from liability unless it can be shown by Plaintiff that the Officers violated a clearly established right, based on closely analogous cases illustrating that the Officers

Clark v. Louisville Jefferson County Metro Government

District Court, W.D. Kentucky · Jan 4, 2024

“Qualified immunity protects public officials from civil liability for damages when their conduct does not violate the plaintiff’s ‘clearly established statutory or constitutional rights of 8 Plaintiffs also move to exclude … Mills, 869 F.3d at 486 (noting the right to be clearly established as of 1992); Moldowan, 578 F.3d at 382 (recognizing that the right was clearly established in 1990); cf.

Dennis v. City of Phila.

379 F. Supp. 3d 420 · District Court, E.D. Pennsylvania · May 15, 2019

Borough of Nesquehoning , 905 F.3d 711 , 719 (3d Cir. 2018) (explaining that the qualified immunity inquiry was whether the right at issue in that case was clearly established at the time the alleged conduct occurred). … They argue that because it was not clearly established in 1992 that police officers had any Brady obligations, the Defendant detectives are entitled to qualified immunity. Id.

Parent v. Kan. City Pub. Sch.

296 F. Supp. 3d 1111 · District Court, D. Kansas · Oct 31, 2017

Since qualified immunity requires an answer to both questions and this Court cannot answer whether there is a constitutional violation, this Court need not decide at this time whether the right was clearly established. … not clearly established.

Noble v. City of Camden

112 F. Supp. 3d 208 · District Court, D. New Jersey · Jun 29, 2015

Defendants are entitled to qualified immunity “if a reasonable officer could have believed that probable cause existed” to arrest Plaintiff “in light of clearly established law and the information the [arresting] '’ officers … of qualified immunity. .

Bledsoe v. Jefferson County

275 F. Supp. 3d 1240 · District Court, D. Kansas · Aug 4, 2017

Unless the official’s alleged conduct violated a clearly established constitutional right, qualified immunity applies. Id. … Morgan’s alleged conduct violated a clearly established constitutional right, qualified immunity shields him from suit. Id. Plaintiff alleges that Mr.