Case law

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.

Schatz Schatz Family v. Gierer

346 F.3d 1157 · Court of Appeals for the Eighth Circuit · Oct 16, 2003

Where jurisdiction is appropriate, the scope of appeal is limited to the narrow issue of whether plaintiffs have alleged a violation of "clearly established" law. See Johnson v. … Jones, 515 U.S. 304, 313 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995). 4 The district court announced the proper standard for addressing qualified immunity at the Rule 12(b)(6) stage — whether immunity is established on the

Kanzler v. Renner

937 P.2d 1337 · Wyoming Supreme Court · May 23, 1997

The standard of qualified immunity established under our common law is distinct from the federal standard. 4 In Dar-rar v. … In his summary judgment materials, Renner bases his entitlement to qualified immunity on the federal standard, stating that he acted in good faith at all times and violated no clearly established law.

Britt v. Anderson

21 F. Supp. 3d 966 · District Court, N.D. Illinois · Feb 28, 2014

Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional *970 rights of which a reasonable person would … Count I *974 is dismissed because Anderson did not violate any “clearly established” constitutional right under the Fourth Amendment and is thus entitled to qualified immunity.

Woodward v. City of Worland

977 F.2d 1392 · Court of Appeals for the Tenth Circuit · Oct 19, 1992

The Supervisors therefore should have been granted qualified immunity on this claim because their conduct did not violate any clearly established law constituting constructive discharge. 2. … ’s constructive discharge claim, but they have not established qualified immunity as to the constructive discharge claims of Molina and DeSomber; Williams, Sackett and *1405 Mitchell are entitled to qualified immunity on

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

Wheeler v. City of Lansing

660 F.3d 931 · Court of Appeals for the Sixth Circuit · Nov 8, 2011

In order to determine whether an officer is entitled to qualified immunity, we must look at the objective reasonableness of the officer’s conduct in relation to clearly established law. Id. … to qualified immunity.

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

Woolum v. City of Dallas

District Court, N.D. Texas · Dec 5, 2019

And, through his answer, Digby asserted qualified immunity. See id., ¶¶ 2.5, 2.6, & 2.7. … See Wicks, 41 F.3d at 994; Backe, 691 F.3d at 648 (“[T]his court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary

Jon Hyde v. City of Willcox

23 F.4th 863 · Court of Appeals for the Ninth Circuit · Jan 6, 2022

To determine whether an officer enjoys qualified immunity, the court asks, in the order it chooses, (i) whether the alleged misconduct violated a constitutional right and (ii) whether the right was clearly established at … Pralgo and Callahan-English violated clearly established law.

Saenz v. Lovington Municipal School District

105 F. Supp. 3d 1271 · District Court, D. New Mexico · Apr 30, 2015

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

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.

Schiff v. Dorsey

877 F. Supp. 73 · District Court, D. Connecticut · Dec 30, 1994

Whereas officials cloaked in absolute immunity are automatically protected against all suits for monetary damages, officials who are entitled to qualified immunity are amenable to suit only when they violate a “clearly established … Qualified immunity protects government officials when their performance of a discretionary function does “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.

Shilling v. Crawford

536 F. Supp. 2d 1227 · District Court, D. Nevada · Mar 12, 2008

Plaintiff argues Defendants are not entitled to qualified immunity because they violated his clearly established rights under RLUIPA. 1. … Qualified immunity applies unless a defendant’s conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Hope v.

Kravitz v. Police Department of the Hudson

285 A.D.2d 716 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2001

“A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “The defendant must establish that he [or she] had an objectively reasonable belief that his [or her] act violated no clearly established rights [citation omitted]” (Young v Selsky, 41 F3d 47, 54 , cert denied 514 US 1102

Grove School v. Guardianship & Advocacy Commission

642 F. Supp. 1043 · District Court, N.D. Illinois · Sep 2, 1986

All defendants are entitled to qualified good-faith immunity because they did not violate any “clearly established” constitutional rights. 2. … Qualified Immunity All defendants seek insulation from Section 1983 damage liability under the rule of qualified immunity enunciated in Harlow v.

Jesse Drewniak v. P U.S. Customs and Border Protection et al.

2021 DNH 020 · District Court, D. New Hampshire · Jan 26, 2021

Qualter’s Assertions of Qualified Immunity Do Not Warrant a Stay of All Pretrial Proceedings and Discovery Government officials are entitled to qualified immunity if “their conduct does not violate clearly … It is for this reason that, “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

Tyner v. STATE, DEPT. OF SOCIAL & HEALTH

137 Wash. App. 545 · Court of Appeals of Washington · Mar 13, 2007

Qualified Immunity ¶ 26 DSHS contends that its officers are entitled to qualified immunity from Tyner's 42 U.S.C. § 1983 First Amendment claim because "[t]here is no law clearly establishing that criticizing one's supervisor … We explained qualified immunity in Wilson: Public officials are immune from suit unless the "law clearly proscribed the actions" they took.

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 .