Case law

Kyle v. Civil Service Com'n

588 So. 2d 1154 · Louisiana Court of Appeal · Jan 3, 1992

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978). [4] However, we need not decide whether absolute immunity applies to the present factual situation since we find that the doctrine of qualified immunity is clearly … Considering the above cited principles, we now review the pleadings in this matter to determine whether the plaintiff has set forth material facts establishing that the defendants violated a clearly established right of which

Bergeron v. Cabral

560 F.3d 1 · Court of Appeals for the First Circuit · Mar 9, 2009

The Qualified Immunity Inquiry. A district court's ruling granting or denying a summary judgment motion premised on qualified immunity engenders de novo review. … The third prong of the qualified immunity inquiry is qualitatively different from the first two prongs.

Williams v. Pate

463 S.W.3d 734 · Court of Appeals of Arkansas · May 20, 2015

Appellees filed an answer asserting the affirmative defense of qualified immunity. … of qualified immunity.

Thomas Ingrassia v. Carol Dicknette

825 F.3d 891 · Court of Appeals for the Eighth Circuit · Jun 13, 2016

“Qualified immunity may protect government officials from liability under 42 U.S.C. § 1983, but not if their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have … Defendants contend that, even if questions of material fact remain whether Ingrassia was denied adequate nutrition, the right to adequate nutrition was not clearly established, warranting qualified immunity.

Pray v. City of Sandusky

49 F.3d 1154 · Court of Appeals for the Sixth Circuit · Mar 21, 1995

In other words, qualified immunity is appropriate either on the basis that the right allegedly violated was not at the time “clearly established,” or if “clearly established,” was one that a “reasonable” person in the defendant … Thus, when a defendant moves for summary • judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable officer in the

Carnell v. Grimm

872 F. Supp. 746 · District Court, D. Hawaii · Dec 27, 1994

Qualified Immunity Plaintiff enjoys a clearly established right against arrest without probable cause. See Floyd v. Laws, 929 F.2d 1390, 1394 (9th Cir.1991) (right is clearly established). … the qualified immunity standard requires more than the firm establishment of a generalized right.

Timothy Taylor v. Michigan Department of Corrections, Dale E. Foltz Gwen Bogan Don Wentworth A.E. Tessmer John Doe, No. 1

14 F.3d 602 · Court of Appeals for the Sixth Circuit · Dec 22, 1993

B. 8 Foltz is entitled to qualified immunity in the performance of official discretionary functions to the extent that his conduct did not violate clearly established statutory or constitutional rights. Harlow v. … I am troubled, however, on the question of qualified immunity--whether Taylor "failed to allege the violation of a clearly established constitutional right." See Siegert v.

Powers v. CSX Transportation, Inc.

105 F. Supp. 2d 1295 · District Court, S.D. Alabama · Jul 5, 2000

The firsU — to honor the policies undergird-ing qualified immunity by disposing of cases quickly on legal grounds — is equally applicable to the “clearly established” inquiry. … “In this circuit, the law can be 'clearly established’ for qualified immunity purposes only by decisions of the U.S.

Olson v. City of Hooper Bay

251 P.3d 1024 · Alaska Supreme Court · Apr 15, 2011

But another primary purpose-immunity from damages-remains attainable if the claim of qualified immunity is established at trial. 62 *1037 In Sheldon, we affirmed the superior court's decision to grant qualified immunity to … When qualified immunity cannot be established as a matter of law because genuine issues of material fact bar summary judgment, qualified immunity may still be established at trial to shield against damages.

Vitalone v. Curran

665 F. Supp. 964 · District Court, D. Maine · Jul 17, 1987

The court held that Anderson did not enjoy qualified immunity, because “the Creightons’ fourth amendment rights and the ‘exigent circumstances’ doctrine were ‘clearly established’ on [the date of the search].” … Thus, to win summary judgment on the ground of qualified immunity, defendants must establish either that the law establishing the right allegedly violated was not clearly established, or that, in light of the facts and circumstances

Royal Crown Day Care LLC v. Department of Health & Mental Hygiene

746 F.3d 538 · Court of Appeals for the Second Circuit · Mar 19, 2014

Defendants’ Qualified Immunity Defense “The defendants are entitled to qualified immunity if they can establish either that (1) ‘a constitutional right was [not] violated’ or (2) ‘the right was [not] clearly established.’ … established.

Payne v. Nebraska Dept. of Corr. Servs.

Nebraska Court of Appeals · May 3, 2016

Qualified immunity protects government officials from liability for civil dam- ages insofar as their conduct does not violate clearly established … Qualified immunity consists of two inquiries: (1) whether the facts that a plaintiff has alleged make out a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of the

Randy Berkshire v. Debra Dahl

928 F.3d 520 · Court of Appeals for the Sixth Circuit · Jun 28, 2019

“In civil suits for money damages, government officials acting in their official capacity are entitled to qualified immunity for discretionary acts which do not violate clearly established law of which a reasonable person … Page 23 Accordingly, Berkshire has produced sufficient evidence to show a violation of a clearly established constitutional right, and he can survive Sergeant Nelson’s assertion of qualified immunity.

Marglli Gallego v. Ivette Perez

Court of Appeals for the Eleventh Circuit · Jun 11, 2024

DISCUSSION “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time … “[I]f a plaintiff cannot show that the law at issue was clearly established under the first . . . method, that usually means qualified immunity is appropriate.” King v.

Baer v. Leach

2014 DNH 214 · District Court, D. New Hampshire · Nov 24, 2015

Finally, Baer argues that Leach cannot be entitled to qualified immunity because the right to be free from arrests unsupported by probable cause is clearly established, and because a reasonable officer would have known … Determining whether a right is clearly established for qualified immunity purposes requires assessing the right “in light of the specific context of the case, not as a broad general proposition.” Mullenix v.

Amir Brandy v. City of St. Louis, Missouri

75 F.4th 908 · Court of Appeals for the Eighth Circuit · Jul 28, 2023

“To defeat qualified immunity, [Brandy] must prove that: ‘(1) the facts, viewed in the light most favorable to [him], demonstrate the deprivation of a constitutional or statutory right; and (2) the right was clearly established … But just because the law is clearly established does not mean there was a constitutional violation.

Leydens v. City of Des Moines

484 N.W.2d 594 · Supreme Court of Iowa · May 13, 1992

The Qualified Immunity Issue. … The defendants argue that under a qualified immunity claim only an “arguable” case of probable cause need be established.

Penate v. Hanchett

944 F.3d 358 · Court of Appeals for the First Circuit · Dec 13, 2019

This appeal raises issues under the clearly established law prong of the qualified immunity test for supervisory state officials. … Hanchett does not separately argue that any ruling on our part on the clearly established prong of qualified immunity is "inextricably intertwined," and so he has waived such argument. See United States v.

McGreal v. AT & T Corp.

892 F. Supp. 2d 996 · District Court, N.D. Illinois · Sep 24, 2012

Qualified immunity can be grounds for a Rule 12(b)(6) dismissal when the allegations of the complaint, taken as true, fail to allege the violation of a clearly established right. Landstrom v. Ill. … In Tamayo , the Seventh Circuit reversed a dismissal on grounds of qualified immunity because “[tjaking all facts pleaded in [the plaintiffs] complaint as true, the defendants violated a clearly established constitutional

Lareños En Defensa Del Patrimonio Historico, Inc. v. Municipality of Lares

882 F. Supp. 2d 286 · District Court, D. Puerto Rico · Aug 6, 2012

immunity because a reasonable person in defendant’s position would have known that his actions violated clearly established law. … Whether the Plaintiffs’ Right was Clearly Established The second prong of the test for qualified immunity requires the Court to determine whether the plaintiffs’ First Amendment rights were clearly established at the time