Case law

Ringuette v. City of Fall River

906 F. Supp. 55 · District Court, D. Massachusetts · Nov 9, 1995

“Qualified immunity shields state officials exercising discretionary authority from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … has no qualified immunity from suit, presents a question of law... .

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.

Turner v. Perry

278 S.W.3d 806 · Texas Court of Appeals, 14th District (Houston) · Feb 26, 2009

Qualified Immunity Qualified immunity protects governmental officials performing discretionary functions frpm suit if their actions were objectively reasonable in the light of then clearly-established law. Anderson v. … Appellants contend that they nevertheless are entitled to qualified immunity because they did not violate a clearly established right protecting Perry’s speech.

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

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.

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.

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.

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

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.

Rand v. Lavoie

2017 DNH 177 · District Court, D. New Hampshire · Sep 5, 2017

Legal Standard To overcome Lavoie’s qualified immunity defense, Rand must show that Lavoie “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity attaches unless Lavoie “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix, 136 S. Ct. at 308 (citation omitted).

Kirk Wayne McBride, Sr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Texas Court of Appeals, 13th District · Aug 28, 2008

Government officials performing discretionary functions have qualified immunity from a suit for damages so long as the official’s conduct does not violate clearly established constitutional or statutory rights of which … Qualified immunity shields an officer if a reasonable officer could have believed the action to be lawful in light of clearly established law and the information the officer possessed. Hunter v.

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 .

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.

Micah Jessop v. City of Fresno

918 F.3d 1031 · Court of Appeals for the Ninth Circuit · Mar 20, 2019

ANALYSIS “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Assuming that to be true, however, the City Officers are entitled to qualified immunity because that right was not 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

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.

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.

City of Palestine v. Ramirez

925 S.W.2d 250 · Texas Court of Appeals, 12th District (Tyler) · Jan 26, 1996

In her response to the motion for summary judgment Ramirez asserted, inter alia, that the summary judgment evidence was insufficient to establish all of the elements of qualified immunity as a matter of law. … Qualified immunity is an affirmative defense; the burden is on the defendant to establish each element of that defense. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994); Rhodes v.