Case law

DeNucci v. Henningsen

248 Or. App. 59 · Court of Appeals of Oregon · Feb 8, 2012

of ORS 162.257 was not clearly established, so he was entitled to qualified immunity. … Despite the lack of probable cause for the arrest, however, Henningsen is still entitled to qualified immunity if plaintiffs right not to be arrested for her conduct was not “clearly established” at the time.

Walsh v. Franco

849 F.2d 66 · Court of Appeals for the Second Circuit · Jun 6, 1988

Qualified or “good faith” immunity shields government officials performing discretionary functions from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In Robison , we outlined three ways in which an official could establish his entitlement to qualified immunity.

Elmer Pace and Linda Pace v. City of Des Moines, Iowa, and Brian Danner

201 F.3d 1050 · Court of Appeals for the Eighth Circuit · Jan 13, 2000

of clearly established law.” … have violated plaintiffs clearly established right.”

Langford v. Norris

614 F.3d 445 · Court of Appeals for the Eighth Circuit · Jul 20, 2010

The court also rejected the state defendants’ qualified immunity defense, stating in generic terms that “the plaintiffs’ constitutional rights to adequate medical care and treatment [were] clearly established.” … It remains to decide whether the right Byus allegedly violated was clearly established.

Halperin v. Kissinger

578 F. Supp. 231 · District Court, District of Columbia · Jan 13, 1984

The doctrine *234 of qualified immunity now focuses on whether a government official's conduct "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known." … judgment based on qualified immunity.

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.

Tarpley v. Miami-Dade County

212 F. Supp. 3d 1273 · District Court, S.D. Florida · Jul 21, 2016

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … City of Cumming, 69 F.3d 1098, 1102 (11th Cir.1995) (“Should the plaintiff fail to show that the law was clearly established at the time in question, the individual defendant is entitled to qualified immunity.”).

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 a … 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 .

Juide v. City of Ann Arbor

839 F. Supp. 497 · District Court, E.D. Michigan · Dec 15, 1993

They also assert the defense of qualified immunity, arguing that it was not clearly established law at the time of their alleged violation of Juide’s constitutional rights that (1) due process prohibited the issuance of a … In the absence of clearly established law which would preclude an in rem forfeiture proceeding if the privilege against self-incrimination is implicated to any degree, Markman and Best are entitled to .qualified immunity

Esposito v. Williamson

854 So. 2d 694 · District Court of Appeal of Florida · Jul 25, 2003

Ordinarily, police officers are entitled to qualified immunity, which shields them from personal liability under § 1983. Moody v. City of Key West, 805 So.2d 1018 (Fla. 3d DCA 2002). … To overcome a claim of qualified immunity, a plaintiff must show that the defendant engaged in conduct that violated clearly established law. Id. at 1021 .

Heaney v. Roberts

147 F. Supp. 3d 600 · District Court, E.D. Louisiana · Dec 2, 2015

Roberts’ contention - with respect to qualified immunity is that his actions were objectively reasonable, and that on September 18, 2013, the law was not clearly established such that the actions he took constituted a First … The qualified immunity analysis is a two-step inquiry. First, a court must decide whether a plaintiffs allegation, if true, establishes a violation of a clearly established constitutional right. Wyatt v.

Zar v. Payne

760 F. Supp. 2d 779 · District Court, S.D. Ohio · Jan 12, 2011

Qualified Immunity The Defendants argue that the doctrine of qualified immunity forecloses the Plaintiffs claims for warrantless entry into her home and use of excessive force. … According to the doctrine of qualified immunity, “government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly established

Sorenson v. Ferrie

134 F.3d 325 · Court of Appeals for the Fifth Circuit · Feb 11, 1998

Claims of qualified immunity are reviewed under a two-step analysis. The first question is whether the plaintiff has asserted the violation of a clearly established constitutional right. … We hold only that, for purposes of qualified immunity in this civil case, the law was not clearly established on this question as of the date of this incident.

DeShawn Anderson-Santos v. Kent County, Mich.

94 F.4th 550 · Court of Appeals for the Sixth Circuit · Feb 29, 2024

Page 7 clearly-established constitutional violation based on his version of the facts, fails to present us with a legal issue and relegates his claim to a factual dispute over which we cannot exercise jurisdiction. … of clearly established law.”

Ball v. Cook County School District

889 F. Supp. 492 · District Court, M.D. Georgia · Jun 13, 1995

For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government … Government actors performing discretionary functions are entitled to qualified immunity from civil trials for money damages and may not be held liable in their individual capacity if their conduct violates no clearly established

Prison Legal News, Inc. v. Simmons

401 F. Supp. 2d 1181 · District Court, D. Kansas · Nov 22, 2005

If plaintiffs make this showing, defendants may still be entitled to qualified immunity if they can show that their actions were nonetheless reasonable in light of the clearly established law. Roska ex rel. Roska v. … “A defendant who has appropriately pleaded the affirmative defense of qualified immunity may establish his right to immunity at any point in the proceeding, including at trial.” Guffey v.

Christian v. Fontenot

672 So. 2d 436 · Louisiana Court of Appeal · Apr 8, 1996

To avoid the protection of qualified immunity on the basis that the right which *446 the official allegedly violated is "clearly established," the contours of the right must be sufficiently clear that a reasonable official … Plaintiffs would be able to convert the rule of qualified immunity that our cases clearly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights. 483 U.S. at 639

Jeffrey Forter v. Randy Greer

536 F. App'x 724 · Court of Appeals for the Ninth Circuit · Aug 2, 2013

Moreover, defendants were entitled to qualified immunity and, as to the materials he eventually received, any injunctive relief would be moot. See Pearson v. … Callahan, 555 U.S. 223, 243 (2009) (state officers entitled to qualified immunity if their actions did not violate clearly established law); Warsoldier, 418 at 997 n.7 (“There exists little Ninth Circuit authority construing

Musso v. Hourigan

836 F.2d 736 · Court of Appeals for the Second Circuit · Jan 5, 1988

In reaching this result, the Court noted that the doctrine of qualified immunity rests on the belief that "where an official's duties legitimately require action in which clearly established rights are not implicated, the … Qualified Immunity 16 Under the doctrine of qualified immunity, a government official performing discretionary functions is protected from personal liability to the extent that his "conduct does not violate clearly established

William R. Schwartzman, M.D. v. Fred Valenzuela Bamford Frankland, David Swoap

846 F.2d 1209 · Court of Appeals for the Ninth Circuit · May 17, 1988

Qualified Immunity. The appellants next argue that the district court should have granted them summary judgment based upon qualified immunity against suit. … clearly established statutory or constitutional rights of which a reasonable person would have known.”