Case law

Sheth v. Webster

145 F.3d 1231 · Court of Appeals for the Eleventh Circuit · Apr 2, 1998

suit unless they violate clearly established law”). … The same facts which establish Sergeant Williams’ entitlement to qualified immunity establish that his acts were not willful, malicious or in bad faith.

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

Farid v. Ellen

593 F.3d 233 · Court of Appeals for the Second Circuit · Jan 28, 2010

For qualified immunity purposes, however, we must more precisely define the rights at issue, and only then determine whether they were “clearly established.” … For qualified immunity purposes, however, there is a separate question, which is whether the right violated by this conduct was clearly established.

Gray v. State

624 A.2d 479 · Supreme Judicial Court of Maine · May 11, 1993

On a motion by Levesque, the court dismissed the civil rights claim finding that Levesque did not violate any clearly established statutory or constitutional rights and therefore was en *482 titled to qualified immunity. … Malice or improper motive, alone, is not sufficient to defeat qualified immunity. Myers, 810 F.2d at 1457 . An official’s entitlement to qualified immunity is a legal, not a factual issue. Snell v.

Cathy Neely, Plaintiff-Appellee-Cross v. Stephen Feinstein, Defendants-Appellants-Cross

50 F.3d 1502 · Court of Appeals for the Ninth Circuit · Apr 3, 1995

Defendant Feinstein The district court concluded that Feinstein was not entitled to qualified immunity because the law was clearly established that hospital officials must ensure their patients’ safety, and that the record … Was the Law Clearly Established?

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.

Barham v. Ramsey

338 F. Supp. 2d 48 · District Court, District of Columbia · Sep 24, 2004

QUALIFIED IMMUNITY STANDARD “Qualified immunity shields officials from liability for damages so long as their actions were objectively reasonable, as measured in the light of the legal rules that were ‘clearly established … This lack of clearly established law is relevant both to determining the “reasonableness” of an officer’s actions and whether the officer is entitled to qualified immunity.

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. .

John H. Chambers v. Colorado Department of Corrections Margaret Heil, in Her Individual and Official Capacity

205 F.3d 1237 · Court of Appeals for the Tenth Circuit · Mar 7, 2000

Chambers insisted the sex was consensual, and the police evidently were unable to establish otherwise. … Because the state of the law was not established when these actions were taken, the prison officials named in this lawsuit are entitled to qualified immunity. Thus, Mr. Chambers’ claim for damages cannot be sustained.

WV Division of Corrections, Scott Patterson and Jason Walton v. P.R.

West Virginia Supreme Court · Nov 22, 2019

The parties disagree about whether Policy Directive 332.02 constitutes a “clearly established law” for purposes of defeating qualified immunity. … whether or not a right is clearly established, has resulted in the “conver[sion of] qualified immunity to near absolute immunity,” Rebalancing Harlow: A New Approach to Qualified Immunity in the Fourth Amendment, 68 Chase

Binay v. Bettendorf

601 F.3d 640 · Court of Appeals for the Sixth Circuit · Apr 20, 2010

“Once the qualified immunity defense is raised, the burden is on the plaintiff to demonstrate that the officials are not entitled to qualified immunity.” Silberstein v. … Clearly Established Constitutional Right After determining that Plaintiffs have raised sufficient facts to support a Fourth Amendment violation, we next ask “whether the right was clearly established . . . in light

Hare v. City of Corinth, Miss.

949 F. Supp. 456 · District Court, N.D. Mississippi · Nov 22, 1996

The first step in the inquiry of the defendants’ claim of qualified immunity is whether the plaintiff has alleged the violation of a clearly established right. Siegert v. … Dec. 16, 1994). 1) Was the law clearly established?

Richard Rockwell v. City of Garland, Texas

664 F.3d 985 · Court of Appeals for the Fifth Circuit · Dec 15, 2011

The burden is on the Rockwells to rebut the officers’ qualified-immunity defense “by establishing a genuine fact issue as to whether the [officers’] allegedly wrongful conduct violated clearly established law.” Id. … Smith, 117 F.3d 866, 871 (5th Cir.1997) ("[Wjhere the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a

Omasta v. Bedingfield

689 So. 2d 409 · District Court of Appeal of Florida · Mar 7, 1997

Under the qualified immunity doctrine, "government officials performing discretionary *410 functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … The Florida Supreme Court has furthermore recognized that the qualified immunity of public officials involves " immunity from suit rather than a mere defense to liability." Tucker v.

Bennett v. Murphy

127 F. Supp. 2d 689 · District Court, W.D. Pennsylvania · Aug 10, 2000

Murphy’s Invocation of Qualified Immunity As is well established, qualified immunity is a doctrine that insulates the holder from trial, not just from liability. … Felsing: We thus hold, following the Supreme Court’s decision in Hunter , that in deciding whether defendant officers are entitled to qualified immunity it is not only the evidence of “clearly established law” that is for

Bruce Anderson v. State of Texas

913 F.3d 472 · Court of Appeals for the Fifth Circuit · Jan 14, 2019

Qualified immunity “protects all but the plainly incompetent or those who knowingly violate the law.” 7 To overcome a defendant’s assertion of qualified immunity on summary judgment, “a plaintiff must show that the evidence … immunity because the law was not clearly established at the time of the alleged retaliation, we end our inquiry and reverse the district court’s denial of summary judgment on the individual- capacity claim. 25

Crawford v. Geiger

996 F. Supp. 2d 603 · District Court, N.D. Ohio · Feb 10, 2014

/A 4 The Sixth Circuit has summarized the doctrine of qualified immunity and related principles: Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established … Even if there is such right, they argue, that right has yet to be clearly established, so the doctrine of qualified immunity entitles the on scene officers, even if they impaired any such right, to dismissal. i.

Mario Garcia v. County of Riverside

817 F.3d 635 · Court of Appeals for the Ninth Circuit · Feb 3, 2016

Amendment were clearly established. … asserts was “clearly established” at the time of the alleged misconduct.

Baggerly v. CSX Transportation, Inc.

370 S.C. 362 · Supreme Court of South Carolina · Aug 28, 2006

Causation-in-fact is proved by establishing the injury would not have occurred “but for” the defendant’s negligence, and legal cause is proved by establishing foreseeability. Id. … or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify.”

Omar Paez v. Claudia Mulvey

915 F.3d 1276 · Court of Appeals for the Eleventh Circuit · Feb 8, 2019

The arresting officer would be entitled to qualified immunity unless the plaintiff establishes that “(1) [she] violated a federal statutory or constitutional right, and (2) the unlawfulness of [her] conduct was ‘clearly … Since there was no Fourth Amendment violation, much less a clearly established Fourth Amendment violation, Breeden and Sullivan are entitled to qualified immunity as well.