Case law

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]

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.

Chad J. Alvarado v. Jon E. Litscher, Secretary, Jane Gamble, B. McCreedy

267 F.3d 648 · Court of Appeals for the Seventh Circuit · Sep 28, 2001

Qualified immunity protects government officials from civil liability when performing discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To overcome a defense of qualified immunity, the plaintiff must first allege the deprivation of an actual constitutional right, and second, show that the right was clearly established at the time of the alleged violation.

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.

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

Don Karns v. Kathleen Shanahan

879 F.3d 504 · Court of Appeals for the Third Circuit · Jan 11, 2018

However, as in Fields itself, this right was not clearly established at the time of the challenged conduct. … Accordingly, although the right identified by Karns and Parker is now clearly established in this Circuit, our qualified immunity analysis in this case remains unchanged. See Brosseau v.

Gerald Johnson v. Mike Moody

903 F.3d 766 · Court of Appeals for the Eighth Circuit · Sep 10, 2018

To defeat a motion for summary judgment based on qualified immunity, the plaintiff must put forth facts showing that the officer’s conduct violated a constitutional right, and that the right was clearly established at the … Callahan expressly authorized, that Moody and Mathis were entitled to qualified immunity from the Count I claims, not simply because the law was not clearly established, but because their conduct in investigating did not

Rankel v. County of Westchester

135 A.D.3d 731 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2016

State officials are entitled to qualified immunity under 42 USC § 1983 for discretionary functions if either (1) their conduct did not violate clearly established constitutional rights, or (2) it was objectively reasonable … for them to believe that their acts did not violate clearly established rights (see Doe ex rel.

David Jones v. Clark Cty., Ky.

959 F.3d 748 · Court of Appeals for the Sixth Circuit · May 18, 2020

Unless the law was clearly established at the time the action occurred, the government official will receive qualified immunity and be insulated from civil suit. Id. … To rebut qualified immunity, Jones must prove that Murray violated a constitutional right and that this right was clearly established. Wesby, 138 S. Ct. at 589.

Shechter v. Comptroller of City of New York

79 F.3d 265 · Court of Appeals for the Second Circuit · Mar 21, 1996

Accordingly, defendants-appellants' pleading is insufficient to establish their qualified immunity defense. 21 Because defendants-appellants' qualified immunity defense fails with respect to the scope of authority issue, … court's ruling on the issue of qualified immunity must be affirmed for the reasons previously stated, we will not proceed to a definitive resolution of the "clearly established right" issue at this juncture.

Carter v. Diamond URS Huntsville, LLC

175 F. Supp. 3d 711 · District Court, S.D. Texas · Mar 30, 2016

“The ‘clearly established’ standard does not mean that official’s conduct is protected by qualified immunity unless ‘the very action in question has previously been held unlawful.’” … The officer is “entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established at the time of his or her actions,” even if the conduct violated the

Altovese Williams v. City of Burlington, Iowa

27 F.4th 1346 · Court of Appeals for the Eighth Circuit · Mar 9, 2022

Chiprez appeals the denial of qualified immunity. This court affirms. … The doctrine of qualified immunity protects public officials from personal liability under 42 U.S.C. § 1983, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Curtis Arnold v. Patrick Jones C/o Blythe C/o Creeden C/o Scheers C/o Edwards C/o Whitson Lt. Olson

891 F.2d 1370 · Court of Appeals for the Eighth Circuit · Jan 19, 1990

However, prison officials are generally immune from suit on the basis of qualified good faith immunity unless “their conduct ... violates clearly established statutory or constitutional rights of which a reasonable person … The existence of a clearly established right, however, does not end our inquiry into whether defendants are entitled to qualified immunity.

DONALD M v. Matava

668 F. Supp. 703 · District Court, D. Massachusetts · Jan 30, 1987

QUALIFIED AND ABSOLUTE IMMUNITY 1. … to qualified immunity.

Taft v. Vines

70 F.3d 304 · Court of Appeals for the Fourth Circuit · Nov 16, 1995

Under that analysis, we found that the officers were not entitled to qualified immunity in that case because: (1) the right not to be arrested without probable cause was clearly established; and (2) a reasonably competent … Under the first two prongs of the qualified immunity analysis, it is plain that the specific right in question — the right not to be stopped and frisked without reasonable suspicion — was indeed clearly established at the

King v. City of Indianapolis

969 F. Supp. 2d 1085 · District Court, S.D. Indiana · Aug 29, 2013

Qualified Immunity “Governmental actors performing discretionary functions are entitled to qualified immunity from suits for damages insofar as their conduct does not violate clearly established statutory or constitutional … King’s right was not clearly established and Defendant Officers are granted qualified immunity on this claim. 2. Fourth Amendment Defendants contend that the seizure of Mr.

Armstrong v. New Mexico Disability Determination Services

278 F. Supp. 3d 1193 · District Court, D. New Mexico · Sep 30, 2017

The Supreme Court has clarified that the clearly established prong of the qualified immunity test is a very high burden for the plaintiff: “A Government official’s conduct violates clearly established law when, at the time … There is, therefore, no evidence that Fernandez-Rice violated clearly established law, so qualified immunity bars Armstrong’s claims against her.

Lee Krueger and Mary Delacour v. Don Fuhr

991 F.2d 435 · Court of Appeals for the Eighth Circuit · Jun 1, 1993

The District Court’s opinion discusses only Fuhr’s defense ‘‘on the merits," and not his qualified immunity defense. … However, we take this opportunity to suggest that district courts clearly address the qualified immunity issue. 3 .

Campos v. Van Ness

52 F. Supp. 3d 240 · District Court, D. Massachusetts · Sep 29, 2014

The doctrine of qualified immunity is also not restricted to questions of established law. … Therefore, the questions relating to qualified immunity are whether Van Ness’ conduct violated rights of Martins or Campos that were “ ‘clearly established’ at the time of the challenged conduct,” July 27, 2008, Plumhoff,

Parada v. Anoka Cnty.

332 F. Supp. 3d 1229 · District Court, D. Maine · Jul 30, 2018

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 … established under the Fourth Amendment," arresting officers are entitled to qualified immunity.