Case law

Robert Kerman v. The City of New York, Daniel Dilucia, William Crossan, John Hume, Thomas Loomis, Steve Kaminski, Mark Demarco, Andrew Oberfeldt, James Moran, Edward Joergens, "John Doe", "Richard Roe", "Jane Doe", (The Last Three Names Being Fictitious, Said Individuals Being Employees of the City of New York Who Participated in Taking Robert Kerman, Into Custody or in Dispatching Police Officers to Robert Kerman's Home or Operating the City's Emergency Medical Service 911 System as Set Forth in the Complaint)

261 F.3d 229 · Court of Appeals for the Second Circuit · Jul 26, 2001

Qualified immunity will attach to an officer's decision to enter a dwelling in response to perceived exigent circumstances so long as the "conduct does not violate clearly established statutory or constitutional rights of … the warrantless entry in this case was clearly established by October 1995.

Pablo F. Maldonado v. Unnamed

648 F. App'x 939 · Court of Appeals for the Eleventh Circuit · Apr 26, 2016

Finally, he contended the defendants were not entitled to qualified immunity, because he had shown they violated his clearly established constitutional rights. … He further asserts the judge erroneously applied a heightened standard of proof concerning the clearly established law prong of the qualified-immunity defense.

Willingham v. Loughnan

261 F.3d 1178 · Court of Appeals for the Eleventh Circuit · Aug 15, 2001

The Officer Defendants argue, most substantively, that they are entitled to qualified immunity because their acts violated no clearly established law at the pertinent time. … established preexisting law for qualified immunity purposes.

Heyward v. Christmas

352 S.C. 298 · Court of Appeals of South Carolina · Nov 4, 2002

Government officials “performing discre *309 tionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … to qualified immunity, the circuit court erred in granting Christmas a directed verdict based on qualified immunity.

Adair v. Hunter

236 F. Supp. 3d 1034 · District Court, E.D. Tennessee · Feb 16, 2017

Under the doctrine of. qualified immunity, “government . officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate clearly established … In the alternative, Defendants argue that they are entitled to qualified immunity because there was no clearly established law regarding the illegality of the alleged conduct under the THRA. (Doc. 30 at 2-6).

Morales v. Chadbourne

235 F. Supp. 3d 388 · District Court, D. Rhode Island · Jan 24, 2017

clearly established at the time of the event. … Where Director Chadbourne’s qualified immunity defense fails is.in.proving the “clearly established” prong. The evidence shows that it was clearly established in 2009 that Ms.

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2002

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is" qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.

James Rieves v. Town of Smyrna, Tenn.

Court of Appeals for the Sixth Circuit · May 15, 2020

Qualified immunity protects government officials from civil suits for damages, so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … On a general level, “[i]t is clearly established that an arrest without probable cause violates the Fourth Amendment.” Crockett v.

Davison v. Plowman

247 F. Supp. 3d 767 · District Court, E.D. Virginia · Mar 28, 2017

Defendant is entitled to qualified immunity with respect to his decision to block Plaintiff from further . posting on the Loudoun County Commonwealth’s Attorney Facebook Page. • Qualified ■ immunity . serves to shield government … In evaluating whether Defendant is entitled to qualified immunity, the Court must determine “(1) whether the plaintiff has established the violation of a constitutional right, and (2) whether that right was clearly established

Dana West v. Susan Murphy

771 F.3d 209 · Court of Appeals for the Fourth Circuit · Nov 14, 2014

Determining whether qualified immunity applies involves a two-prong inquiry: “whether the facts ... make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’ at the time of … This temporal element inheres in qualified immunity because the inquiry into “clearly established law” is tethered to the need for notice.

Myers v. City of Hartford

84 Conn. App. 395 · Connecticut Appellate Court · Aug 10, 2004

for qualified governmental immunity, *398 rather than under § 52-557n (a) (2), on which the court relied in directing a verdict for the defendants. … Section 7-465 clearly states that governmental immunity will *401 not be allowed as a defense in an indemnification claim, except that the municipality will not be hable for the wilful and wanton acts of its employees.

Gill v. Devlin

867 F. Supp. 2d 849 · District Court, N.D. Texas · Mar 12, 2012

Therefore, unless the pleadings plausibly state a claim of an objectively unreasonable violation of clearly-established law, a defendant pleading qualified immunity is entitled to dismissal before full discovery is commenced … CONCLUSION Gill has plausibly alleged the violation of her clearly established equal-protection rights.

Padilla v. Mason

169 S.W.3d 493 · Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

of qualified immunity and official immunity. … Because there was no clearly established rule which would prohibit Mason from using the force that he did, he is entitled to qualified immunity.

Sherwood v. Mulvihill

Court of Appeals for the Third Circuit · May 15, 1997

As government officials engaged in discretionary functions, Defendants are qualifiedly immune from suits brought against them for damages under section 1983 "insofar as their conduct does not violate clearly established statutory … Where a defendant asserts a qualified immunity defense in a motion for summary judgment, the 5 plaintiff bears the initial burden of showing that the defendant's conduct violated some clearly established

Vincent v. Yelich Earley v. Annucci

718 F.3d 157 · Court of Appeals for the Second Circuit · Jun 4, 2013

For the reasons that follow, we 15 conclude that Earley I, an appeal from the denial of habeas corpus, did not rule that those rights were 16 clearly established by Wampler with respect to a defense of qualified immunity … That AEDPA question is 9 not the same as whether a federal right is clearly established for purposes of denying an official 10 qualified immunity: The conclusion that a "legal proposition was 'clearly established'

Bradley v. Medical Board

56 Cal. App. 4th 445 · California Court of Appeal · Jul 15, 1997

Immunity The qualified immunity defense protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or … When qualified immunity is asserted, we must undertake a two-step analysis: “(1) Was the law governing the official’s conduct clearly established?

Pendleton v. Goord

849 F. Supp. 2d 324 · District Court, E.D. New York · Mar 27, 2012

Legal Standard Government actors may be shielded from liability for civil damages by qualified immunity, i.e., if their “conduct did not violate plaintiffs clearly established rights, or if it would have been objectively … Defendants argue that the Second Circuit’s decision in Earley did not clearly establish, for the purposes of qualified immunity, that the administrative imposition of a period of PRS violated a constitutional right.

Lang v. City of Nacogdoches

942 S.W.2d 752 · Texas Court of Appeals, 12th District (Tyler) · Mar 27, 1997

In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer … the legal rules that were “clearly established” at the time it was taken. *767 Anderson v.

Kimberlin v. Quinlan

199 F.3d 496 · Court of Appeals for the D.C. Circuit · Dec 28, 1999

The judgment on the clearly established law, however, is not fully dispositive of the issues raised by appellants’ renewed motion for summary judgment on grounds of qualified immunity. … was clearly established.”

Byrd v. Haas

District Court, E.D. Michigan · Nov 23, 2020

Qualified Immunity for RLUIPA Claims Qualified immunity is unavailable for the RLUIPA claims in this case. … And qualified immunity only applies to claims for money damages, not claims for injunctive or declaratory relief. See Flagner v.