Case law

Weatherford v. State

203 Ariz. 313 · Court of Appeals of Arizona · Sep 10, 2002

secured by the Constitution and laws.... ” ¶ 23 To prevail on such claims, a plaintiff must overcome a qualified immunity defense by proving: (1) the defendants violated one of the plaintiffs clearly established rights; … Youngberg arguably reaches the constitutional right Weatherford asserts to be clearly established. ¶ 27 Moreover, Weatherford points out that decisions from eight federal courts support the assertion of a clearly established

Siegert v. Gilley

500 U.S. 226 · Supreme Court of the United States · May 23, 1991

Once a defendant pleads a defense of qualified immunity, “[o]n summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action … This case demonstrates the desirability of this approach to a claim of immunity, for Siegert failed not only to allege the violation of a constitutional right that was clearly established at the time of Gilley’s actions,

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.

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

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.

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.

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

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

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

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.

Roger Gillispie v. Miami Twp., Ohio

18 F.4th 909 · Court of Appeals for the Sixth Circuit · Nov 30, 2021

“[T]he precise scope of our appellate jurisdiction on interlocutory appeal from a denial of qualified immunity is whether ‘the plaintiff’s version of facts demonstrates a violation of clearly established rights.’” … one and two of the qualified immunity inquiry.”

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.

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.

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.”

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

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.

Winberry Realty Partnership v. Borough of Rutherford (083156) (Bergen County & Statewide)

Supreme Court of New Jersey · Jun 28, 2021

The trial court granted summary judgment in favor of defendants, finding that the Tax Collector was entitled to qualified immunity on the ground that she did not violate the clearly established constitutional or statutory … “The doctrine of qualified immunity generally protects government officials from 24 civil liability for discretionary acts that do ‘not violate clearly established statutory or

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 .