Case law

Tormasi v. Lanigan

363 F. Supp. 3d 525 · District Court, D. New Jersey · Jan 28, 2019

could clearly establish a right for purposes of qualified immunity." *538 Mammaro v. … clearly established right to circumcision."

Carter v. City of Philadelphia

181 F.3d 339 · Court of Appeals for the Third Circuit · Apr 28, 1999

Jordan, 415 U.S. 651, 663 (1974)) (emphasis added). 19 Eleventh Amendment immunity is an affirmative defense and the burden is thus on the DA's Office to establish its immunity from suit. See Christy v. … PROSECUTORIAL IMMUNITY 42 We must begin with "[t]he presumption . . . that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties" and the observation that the

Callahan v. Lancaster-Lebanon Intermediate Unit 13

880 F. Supp. 319 · District Court, E.D. Pennsylvania · Dec 5, 1994

immunity because no clearly established rights existed); Doe v. … established, and is not entitled to qualified immunity).

Volkman v. Ryker

736 F.3d 1084 · Court of Appeals for the Seventh Circuit · Dec 2, 2013

Qualified Immunity and “Clearly Established” Rights In addition to ruling against Volkman outright on the issue of constitutional protection, the district court found that the defendants were shielded by the doctrine of qualified … Governmental actors performing discretionary functions enjoy “qualified immunity,” meaning that they are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Freedom from Religion Foundation, Inc. v. Romer

20 Brief Times Rptr. 1044 · Colorado Court of Appeals · Jun 27, 1996

clearly established statutory or *90 constitutional rights of which a reasonable person would have known. … What is “clearly established law” is a question of law, and a court engaging in review of a qualified immunity determination should therefore use “its full knowledge of its own [and other relevant] precedents.”

Tom Johnson v. Patrick McCarver

942 F.3d 405 · Court of Appeals for the Eighth Circuit · Nov 1, 2019

was clearly established at the time of the incident. … McCarver and LaLuzerne violated Johnson’s clearly established right and qualified immunity does not apply.

O'Connor v. Donovan

191 Vt. 412 · Supreme Court of Vermont · Apr 13, 2012

All were performed in good faith, i.e., they did not violate clearly established rights of which a reasonable person would have known, and all were discretionary. Id. at 189-92 , 559 A.2d at 1081-83 . … The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial.” Imbler v. Pachtman, 424 U.S. 409 , 419 n.13 (1976).

Hazley v. Roy

378 F. Supp. 3d 751 · District Court, D. Maine · Mar 26, 2019

"Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his [or her] individual capacity that fails to state a claim for violation of 'clearly established statutory or … C Once the right has been defined at the appropriate level of specificity, the next inquiry is whether that right was clearly established. Defendants challenge this component of qualified immunity, as well.

King v. State

242 Cal. App. 4th 245 · California Court of Appeal · Nov 18, 2015

But Defendants are only entitled to qualified immunity as a matter of law if, taking the facts in the light most favorable to [the Plaintiff], they violated no clearly established constitutional right. … The state and Tawney premise their 26 qualified immunity claim on an extremely narrow, factually detailed view of what the clearly established law would be in this case.

Peoples v. Leon

63 F.4th 132 · Court of Appeals for the Second Circuit · Mar 20, 2023

Peoples also argues that Alexander 8 and Leon are not entitled to qualified immunity because they violated his clearly established rights. … In evaluating a claim of qualified immunity, we must determine whether any constitutional right that the defendant violated “was clearly established at the time of the alleged violation.” Wilson v.

Jetta Elliott v. Dusty Morgan, in His Official Capacity as a Deputy Sheriff of Boone County

603 S.W.3d 570 · Court of Appeals of Arkansas · May 13, 2020

Toward this end, police officers have qualified immunity from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know. Harlow v. … A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established

Phoenician Mediterranean Villa, LLC v. Swope (In Re J & S Properties, LLC)

872 F.3d 138 · Court of Appeals for the Third Circuit · Sep 28, 2017

clearly established law. … “To overcome qualified immunity, a plaintiff must plead facts ‘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 conduct

Bartlett v. Cinemark USA, Inc.

908 S.W.2d 229 · Texas Court of Appeals, 5th District (Dallas) · Aug 11, 1995

The doctrine of qualified immunity shields an official performing discretionary functions from liability for damages under section 1983 so long as the official’s conduct does not violate clearly established constitutional … Sullivan, 4 F.3d 2, 12 (1st Cir.1993) (recognizing that Supreme Court has not clearly explained role of “discretionary functions” in qualified immunity analysis).

George Cooper, Sr. v. James Sheehan

735 F.3d 153 · Court of Appeals for the Fourth Circuit · Nov 7, 2013

Forsyth, seek to apply clearly established law to a given set of facts, we are properly vested with jurisdiction. See Johnson, 515 U.S. at 313. … As we have explained, “qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could

Vu, Kojoua v. Lozano, Kevin

District Court, W.D. Wisconsin · Nov 27, 2023

A government defendant is entitled to qualified immunity unless the plaintiff shows not only that the defendant violated his rights, but also that his rights were “clearly established” at the relevant time. … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity protects government officials from personal liability provided that “their conduct does not violate clearly established statutory or constitutional rights of which

Johnnie Williams v. Lance Corporal Kyle Strickland

917 F.3d 763 · Court of Appeals for the Fourth Circuit · Mar 5, 2019

After discovery, Strickland and Heroux each moved for summary judgment on the basis of qualified immunity. … Qualified immunity “protects government officials from liability for violations of constitutional rights that were not clearly established at the time of the challenged conduct.” Iko, 535 F.3d at 233.

Vollette v. Watson

937 F. Supp. 2d 706 · District Court, E.D. Virginia · Apr 1, 2013

However, the same qualified immunity test that requires this Court to ask “whether a given right was clearly established requires [the Court] to define that right ‘at a high level of particularity.’ ” Id. … immunity because the controlling law was not “clearly established.”

Shaw v. Williams

District Court, N.D. Illinois · Aug 7, 2018

When a defendant invokes qualified immunity, the burden shifts to the plaintiff to show two things: (1) that the defendant violated a statutory or constitutional right; and (2) that the right was “clearly established” at … Ct. at 552 (a plaintiff cannot defeat qualified immunity by defining clearly established law “at a high level of generality”).

T.A. VS. ERICK MELGAR (L-0466-12, HUNTERDON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 19, 2018

Callahan, 555 U.S. 223, 231 (2009) (stating the doctrine of qualified immunity, protects government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Thus, "a defendant cannot have qualified immunity if she was deliberately indifferent; a reasonable [prison official] could not believe that her actions comported with clearly established law

McCoy v. City of Vallejo

District Court, E.D. California · Jun 29, 2021

See Mot. at 17–18. 1 Qualified immunity “protects government officials from liability 2 for civil damages insofar as their conduct does not violate 3 clearly established statutory or constitutional … actions, 18 as clearly established law).