Case law

James P. Crocker v. Deputy Sheriff Steven Eric Beatty

995 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Apr 20, 2021

The district court held that Beatty was entitled to qualified immunity because the law underlying Crocker’s First Amendment claim wasn’t clearly established. We agree. … In my view, Smith clearly establishes that Mr. Crocker had a right to photograph the accident scene and I would therefore reverse the grant of qualified immunity to Deputy Beatty on this claim.

Scallion v. Parish of Red River

251 F. App'x 853 · Court of Appeals for the Fifth Circuit · Aug 15, 2007

Scallion fails to identify a clearly-established constitutional right violated by Myers. See id. … (first step in qualified-immunity analysis is identifying a clearly-established constitutional right that has been violated); Malley v.

Student Services for Lesbians/Gays & Friends v. Texas Tech University

635 F. Supp. 776 · District Court, N.D. Texas · May 28, 1986

Qualified Immunity For Defendants Not Given Absolute Immunity First, this defense of qualified immunity is asserted principally on behalf of those defendants who were sued in an individual capacity. … The Law as to the Plaintiff Organization Was Clearly Established In Some Circuits The defense of qualified immunity is not an absolute bar to damages against persons who are sued also in their individual capacity.

Byrd v. Cavenaugh

269 Ga. App. 612 · Court of Appeals of Georgia · Sep 15, 2004

City of Albany. 9 “(T)he test for determining whether a defendant is protected from suit by the doctrine of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly … In determining whether [Cavenaugh] clearly violated plaintiffs Fourth Amendment rights, and thus, whether or not he is entitled to qualified immunity, however, we must examine his actions in light of the Fourth *615 Amendment

City of Harlingen v. Vega

951 S.W.2d 25 · Texas Court of Appeals, 13th District · Jul 10, 1997

claims of qualified immunity in section 1983 cases.” … Flores and Manning focus their arguments on the objective reasonableness of their actions to establish their entitlement to qualified immunity.

Landstrom v. Illinois Department Of Children And Family Services

892 F.2d 670 · Court of Appeals for the Seventh Circuit · Jan 9, 1990

Id. at 908 . 26 Contrary to plaintiffs' contentions, Darryl H. does not supply the particularized, clearly established right required for individual defendants to lose their qualified immunity. … immunity because the conduct alleged does not violate any clearly established first amendment rights.

Tofano v. Reidel

61 F. Supp. 2d 289 · District Court, D. New Jersey · Aug 11, 1999

To this effect, government officials, performing discretionary functions, are afforded qualified immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Having found the conduct of the officers to be objectively reasonable, plaintiff has not alleged a violation of a clearly established constitutional right and the officers are entitled to qualified immunity. Cf.

Whiting v. Kirk

768 F. Supp. 26 · District Court, D. Rhode Island · Jun 21, 1991

The prevailing standard for qualified immunity is that “[government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … The first step, then, in deciding the qualified immunity issue is to establish the right that was violated.

Rutland v. Pepper

404 F.3d 921 · Court of Appeals for the Fifth Circuit · Mar 28, 2005

Glynn Pepper’s summary judgment motion asserting in part his qualified immunity as a state official. … The doctrine of qualified immunity shields 2 government officials from civil liability as long “as their conduct does not violate clearly established statutory or constitutional

Nelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson and Town of St. Johnsbury

198 Vt. 277 · Supreme Court of Vermont · Jan 16, 2015

The Town argues that its selectboard members are entitled to qualified immunity because they did not violate a clearly established right. … We therefore conclude that the law was not clearly established and the selectboard is entitled to qualified immunity. On this point, we ¿ffirm the trial court’s grant of summary judgment.

Sanders v. District of Columbia

522 F. Supp. 2d 83 · District Court, District of Columbia · Nov 8, 2007

Qualified immunity “shields State officials from liability for their discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … step of the qualified immunity analysis.

Zahra v. Town Of Southold

48 F.3d 674 · Court of Appeals for the Second Circuit · Feb 21, 1995

See Natale, 927 F.2d at 105 ("The threshold issue in determining the applicability of [the] qualified immunity defense is whether [the plaintiffs] had a 'clearly established right' to the permits at issue."); see also Amsden … th[at] 'clearly established' right[ ]."

Thomas Hayden Barnes v. Ronald M. Zaccari

669 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Feb 7, 2012

We turn now to the second part of the qualified immunity analysis: Was Barnes’s right to this predeprivation process clearly established at the relevant time? 2. … The process due Barnes was also clearly established.

Raheem Jacobs v. Cumberland County

8 F.4th 187 · Court of Appeals for the Third Circuit · Aug 10, 2021

The officers moved for summary judgment on the ground of qualified immunity. … Our qualified-immunity analysis consists of two questions: (1) whether this set of facts shows Williams violating a constitutional right, and (2) “whether the right was clearly established, such that ‘it would [have been]

Estate of C.A. v. Castro

547 F. App'x 621 · Court of Appeals for the Fifth Circuit · Nov 25, 2013

Individual Defendants’ Qualified Immunity State actors sued in their individual capacity under § 1983 are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … An official “does not lose qualified immunity merely because a certain right is clearly established in the abstract....

White v. Chapman

119 F. Supp. 3d 420 · District Court, E.D. Virginia · Apr 6, 2015

The Court holds that Deputy Phillips is not entitled to qualified immunity in this casé because genuine issues of material fact remain regarding whether Defendant violated Plaintiffs clearly established Fourth Amendment rights … As to qualified immunity, the constitutional rights at issue are clearly established, and a reasonable officer would have been aware of the Fourth Amendment requirement of probable cause, for arrest or issuing a summons on

Norman Slattery v. Christopher Rizzo

939 F.2d 213 · Court of Appeals for the Fourth Circuit · Jul 25, 1991

For the purpose of determining whether a defendant is entitled to qualified immunity the plaintiff’s rights must be clearly established under the particular circumstances confronting the official at the time of the questioned … The right of the plaintiff must be established so clearly that a reasonable official would know what he is doing violates that right. Ibid.

Jan G. v. Semple

202 Conn. App. 202 · Connecticut Appellate Court · Jan 12, 2021

The plaintiff contends that the defendants are not entitled to qualified immunity. We agree with the defendants. The following well established legal principles guide our analysis. … ‘‘Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established

Fowler v. Nicholas

522 F. Supp. 655 · District Court, E.D. Pennsylvania · Sep 18, 1981

Thus, the court in Woods has included in the defense of qualified immunity the duty to know clearly settled rights. … Therefore, the qualified-immunity defense is irrelevant to this claim.

Zollicoffer v. Livingston

169 F. Supp. 3d 687 · District Court, S.D. Texas · Mar 14, 2016

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from liability for civil damages so long as their conduct does not violate clearly established rights of which a reasonable … That “runs directly counter to Farmer’s directive,” and contravenes clearly established law. Id. Accordingly, Plaintiff has alleged facts that could defeat qualified immunity.