Case law

Tonya Weinberg Gilmore v. Pam Hodges

738 F.3d 266 · Court of Appeals for the Eleventh Circuit · Dec 20, 2013

Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took place. … The Plaintiffs’ reliance on unpublished case law drawn from other circuits and from the district courts is unavailing, because only binding precedent can clearly establish a right for qualified immunity purposes.

Collins v. Ainsworth

382 F.3d 529 · Court of Appeals for the Fifth Circuit · Aug 20, 2004

Clearly established Fourth Amendment law. … Clearly established Fourteenth Amendment law.

Foreman v. PA BECKWITH

260 F. Supp. 2d 500 · District Court, D. Connecticut · Apr 10, 2003

For the defendants to avail themselves of the protection of qualified immunity, we must determine “if their actions were objectively reasonable, as evaluated in the context of the legal rules that were clearly established … We move now to the second inquiry of qualified immunity analysis to see if the right the defendants are alleged to have violated was clearly established. A.

Norvis Harmon v. Dallas County, Texas

927 F.3d 884 · Court of Appeals for the Fifth Circuit · Jun 21, 2019

Next, he argues the district court erred in granting Evans qualified immunity on his First Amendment retaliation claim because his right to engage in the speech at issue was clearly established at the time of his termination … After ordering supplemental briefing on this point, the district court held that the law regarding Harmon’s speech was not clearly established at the time of his termination and thus Evans was entitled to qualified immunity

Steven J. KELLEY, Plaintiff-Appellee, v. Robert G. BORG, Defendant-Appellant

60 F.3d 664 · Court of Appeals for the Ninth Circuit · Jul 28, 1995

Despite this erroneous statement in his order, however, the magistrate judge ultimately conducted the proper inquiry for a qualified immunity examination: He ruled that the right allegedly violated was clearly established … Appellants argue that they should have been granted qualified immunity because the second, “clearly established,” prong of the test has not been met.

SOL v. City of Miami

776 F. Supp. 2d 1375 · District Court, S.D. Florida · Apr 11, 2011

The City submits that the contribution claim against Estevez is barred by qualified immunity unless Fritzler can demonstrate Estevez violated a clearly-established constitutional or statutory right. … He claims he already pled everything necessary to overcome qualified immunity: i.e., that Estevez did, in fact, violate maritime navigation rules, and that those navigation rules were clearly established.

Newkirk v. Enzor

240 F. Supp. 3d 426 · District Court, D. South Carolina · Mar 8, 2017

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 or constitutional … and (2) whether that right was clearly established at the time of the alleged misconduct.

Willashia Williams v. City of York

967 F.3d 252 · Court of Appeals for the Third Circuit · Jul 24, 2020

B The doctrine of qualified immunity shields officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … “To resolve a claim of qualified immunity, [we] engage in a two-pronged inquiry: (1) whether the plaintiff sufficiently alleged the violation of a constitutional right, and (2) whether the right was clearly established at

Gurno v. Town of LaConner

65 Wash. App. 218 · Court of Appeals of Washington · Apr 20, 1992

Qualified Immunity Respondent officers cite various doctrines of qualified immunity for police officers who act in good faith, arguing that appellant failed to introduce evidence of their lack of good faith in arresting her … Qualified immunity under § 1983 is granted to police officers performing discretionary functions insofar as their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person

Catsouras v. Department of California Highway Patrol

181 Cal. App. 4th 856 · California Court of Appeal · Jan 29, 2010

“A rule of qualified immunity shields a public officer from an action for damages under section 1983 unless the officer has violated a ‘clearly established’ constitutional right. [Citation.] As stated in Saucier [v. … The high court explained that ‘[i]f the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.’ [Citation.]

Sawyer v. County of Creek

908 F.2d 663 · Court of Appeals for the Tenth Circuit · Jul 18, 1990

Ramirez argues that Leona Sawyer has pled insufficient facts to overcome Ramirez’s absolute and qualified immunity from suit. 1 We turn first to Ramirez’s claim of qualified immunity. … Unlike other affirmative defenses, qualified immunity is not merely a defense to liability; it is also an immunity from suit.

Young v. City of Albuquerque

77 F. Supp. 3d 1154 · District Court, D. New Mexico · Dec 24, 2014

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.

Adams v. Franklin

111 F. Supp. 2d 1255 · District Court, M.D. Alabama · Jul 31, 2000

Similarly, under the defense of qualified immunity, a defendant is “immune from liability” if the complaint “fails to state a violation of a ‘clearly established ... constitutional right[ ] of which a reasonable person would … As stated, the qualified immunity inquiry is "fact-specific,” and is dependent upon whether the law was clearly established on the day in question. Harris, 21 F.3d at 390 . 17 .

Bishop v. Hackel

636 F.3d 757 · Court of Appeals for the Sixth Circuit · Feb 1, 2011

QUALIFIED IMMUNITY Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability unless their conduct violates clearly established constitutional … a constitutional right; and (2) the right was clearly established.

Hartman v. Middleton

974 P.2d 1007 · Colorado Court of Appeals · Jul 30, 1998

to defeat the defense of qualified immunity. … Where qualified immunity is raised in a motion for summary judgment, the trial court must determine, based upon the allegations of the plaintiff, whether a clearly established constitutional right of which a reasonable official

VAN VALEN v. LANIGAN

District Court, D. New Jersey · Feb 21, 2020

established law, Lanigan would be entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (“[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

Jaeger v. Wracker

21 Ohio App. 3d 150 · Ohio Court of Appeals · Feb 13, 1985

Fitzgerald (1982), 457 U.S. 800 , 818-819: “If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … fireman, the trustees cannot claim a qualified immunity.

Isely v. Capuchin Province

877 F. Supp. 1055 · District Court, E.D. Michigan · Mar 7, 1995

General Electric Company, supra, make clear that the initial foundational requirement a proponent of expert scientific testimony must meet as a pre-requisite to admissibility is to establish that the witness is qualified … It was in Frye that the "general acceptance” requirement was first established. 4 .

Lopera v. Town of Coventry

652 F. Supp. 2d 203 · District Court, D. Rhode Island · Sep 9, 2009

On this claim, the officers have asserted the defense of qualified immunity, which “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or … immunity analysis, are more properly explored under the clearly established prong.

People v. Tuttle

304 Mich. App. 72 · Michigan Court of Appeals · Jan 30, 2014

To be entitled to immunity, a qualifying patient cannot possess more than 2.5 ounces of usable marijuana and 12 marijuana plants. MCL 333.26424(a). … Section 4(f), which provides a qualified immunity for physicians, mandates that the immunity only applies to physicians that prescribe marijuana “in the course of a bona fide physician-patient relationship . .. .”