Case law

Richardson v. Quitman County

912 F. Supp. 2d 1354 · District Court, M.D. Georgia · Dec 17, 2012

Accordingly, Plaintiffs have failed to establish that Mason violated clearly established law, and Mason is entitled to qualified immunity for conducting the stop. 14 ii. … establish law in this Circuit for purposes of evaluating qualified immunity.

Robert Stinson v. Raymond Rawson

868 F.3d 516 · Court of Appeals for the Seventh Circuit · Aug 18, 2017

The district court also stated that qualified immunity did not apply because the law as of 1984 and 1985 clearly established that an investigator’s fabrication of evidence violated a criminal defendant’s constitutional rights … Qualified immunity protects government officials from civil damages liability when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Grigsby & Assocs., Inc. v. City of Shreveport

294 F. Supp. 3d 529 · District Court, W.D. Louisiana · Feb 14, 2018

A defendant who can validly raise a qualified immunity defense will enjoy its protection so long as the allegedly violated constitutional right was not clearly established at the time of the violation. See id. … The qualified immunity inquiry turns on "the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken". Id. at 244, 129 S.Ct. at 822.

Van Lee Brewer v. Jason Simental

Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010

and, therefore, the defendants were entitled to qualified immunity. … Those governmental officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id .

Cooper v. Brown

156 F. Supp. 3d 818 · District Court, N.D. Mississippi · Jan 12, 2016

prong” of the qualified immunity standard. … At any rate, Hope constitutes an established part of the U.S. Supreme Court’s qualified immunity jurisprudence, upon which this court is entitled to rely.

Patricia Jackson v. Andreas Schultz Richard Cadoura

429 F.3d 586 · Court of Appeals for the Sixth Circuit · Nov 18, 2005

On September 3, 2004, the district court denied the EMTs’ motion to dismiss based on qualified immunity. The court held that Jackson alleged the violation of a clearly established constitutional right. … To defeat qualified immunity, Jackson must show a violation of a constitutional right, and that the constitutional right was clearly established. Brosseau v.

Suarez Cestero v. Pagan Rosa

198 F. Supp. 2d 73 · District Court, D. Puerto Rico · Mar 11, 2002

from suit under the doctrine of qualified immunity. … The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person

Michael Kopec v. Tyrone Tate, Officer Township of Whitemarsh

361 F.3d 772 · Court of Appeals for the Third Circuit · Mar 17, 2004

Qualified immunity is intended to shield government officials performing discretionary functions, including police officers, “from liability from civil damages insofar as their conduct does not violate clearly established … A defendant has the burden to establish that he is entitled to qualified immunity. See Beers-Capitol v. Whetzel, 256 F.3d 120 , 142 n. 15 (3d Cir.2001). The Supreme Court held in Saucier v.

Celeste James, Barry James v. City of Douglas, Ga., Clyde Purvis, John Doe--Clifford Thomas

941 F.2d 1539 · Court of Appeals for the Eleventh Circuit · Sep 18, 1991

Purvis and Thomas appeal the denial of qualified immunity, asserting that they did not violate a clearly established constitutional right. III. DISCUSSION A. … Qualified Immunity Purvis and Thomas appeal the district court’s denial of summary judgment based upon the doctrine of qualified immunity.

Edrei v. Maguire

892 F.3d 525 · Court of Appeals for the Second Circuit · Jun 13, 2018

Officers are entitled to qualified immunity "unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was 'clearly established' at the time of the … The remaining question is whether the right was clearly established.

Paul W. Cagle Guy R. Epperson Steven A. McCullom Terry Norwood and Jeffrey L. Parker v. Dan Gilley

957 F.2d 1347 · Court of Appeals for the Sixth Circuit · May 15, 1992

Standard of Review Gilley appeals the denial of his motion for summary judgment on the basis of qualified immunity. A district court’s denial of a claim of qualified immunity is immediately appealable. Mitchell v. … Qualified Immunity Government officials performing discretionary functions are generally shielded from civil damages liability as long as their conduct does not violate clearly established statutory or constitutional rights

Hill ex rel. Estate of Loggins v. Carroll County

467 F. Supp. 2d 696 · District Court, N.D. Mississippi · Dec 28, 2006

Qualified Immunity “Qualified immunity is ‘an entitlement not to stand trial or face the other burdens of litigation.’ … If not, “the officer is entitled to qualified *701 immunity, and we need not consider whether the asserted right was ‘clearly established.’ ” Chavez v.

Better Government Bureau, Inc. v. McGraw

904 F. Supp. 540 · District Court, S.D. West Virginia · Oct 16, 1995

This is so because there is no requirement that the ‘exact right allegedly violated’ be previously ‘specifically recognized by a court’ in order for it [to] be held ‘ “clearly established” for qualified immunity purposes. … established” for qualified immunity purposes, but is also perhaps one of the more well-settled principles of constitutional jurisprudence.

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

Torre S. Crockett Dushon L. Greene v. Cumberland College Michael B. Colegrove K. David Kersey, City of Williamsburg, Kentucky Don Hamlin

316 F.3d 571 · Court of Appeals for the Sixth Circuit · Jan 13, 2003

Qualified Immunity In civil suits pursuant to 42 U.S.C. § 1983 for money damages, qualified immunity protects a public official from being sued as long as the official “does not violate clearly established statutory or constitutional … , Hamlin would be entitled to qualified immunity unless a reasonable officer would know that Hamlin’s alleged conduct violated a clearly established federal right.

Fierro v. City of New York

341 F. App'x 696 · Court of Appeals for the Second Circuit · Jul 27, 2009

A government official is entitled to qualified immunity where his or her discretionary conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Pataki, 196 F.3d 56 , 66 (2d Cir.1999) (indicating that if a constitutional protection is not clearly established at the time of an official’s alleged conduct, the official will be protected by qualified immunity even if

Thomas ex rel. D.T. v. City of New Orleans

883 F. Supp. 2d 669 · District Court, E.D. Louisiana · Aug 2, 2012

The City Defendants Are Entitled to Qualified Immunity Because the Plaintiffs Have Failed to Allege a Violation of a Clearly Established Constitutional Right. … The plaintiffs have cited no law to suggest that this conduct violated a clearly established right that would overcome Officer Boyd's invocation of qualified immunity. .

Rivera v. Mattingly

604 F. Supp. 2d 634 · District Court, S.D. New York · Mar 24, 2009

Qualified Immunity The doctrine of qualified immunity protects officials from liability under certain circumstances. … For a claim of qualified immunity to be defeated, a plaintiff must have alleged facts constituting a violation of a constitutional right, and the right at issue must have been clearly established at the time of the alleged

Siehl v. City of Johnstown

365 F. Supp. 3d 587 · District Court, W.D. Pennsylvania · Feb 13, 2019

The doctrine of qualified immunity provides that "government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … immunity analysis-was there clearly established law-in light of their argument that there was no constitutional violation.

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