Case law

Roe v. Fryer

District Court, M.D. Florida · Oct 25, 2024

that they violated a clearly established constitutional right. … the qualified immunity privilege, even in the absence of case law.

T & M HOMES, INC. v. Township of Mansfield

162 N.J. Super. 497 · New Jersey Superior Court Appellate Division · Aug 7, 1978

Defendants claim that they are entitled to an absolute immunity, while plaintiffs concede qualified immunity but no more. … In addition to overcoming a defense of qualified immunity, they must establish policy or custom which violates a constitutional right. In this action there is no point in holding defendants board and committee liable.

Washington v. Smith

District Court, E.D. Louisiana · Nov 8, 2022

Qualified Immunity “Governmental officers sued in their individual capacity are entitled to qualified immunity insofar as their conduct ‘did not violate clearly established … Under the law of qualified immunity, a governmental officer may commit a constitutional violation but nevertheless be immune from suit if it was not “clearly established,” at the time that he acted, that he was

Jones v. Department of Health

140 Wash. App. 476 · Court of Appeals of Washington · Jun 4, 2007

of a clearly established constitutional right. … asserts qualified immunity, the plaintiff must establish that the defendant violated a clearly established constitutional right in order to survive summary judgment. 23 Jones claims the individual defendants violated his

Peoples v. Fischer

898 F. Supp. 2d 618 · District Court, S.D. New York · Jun 26, 2012

Qualified Immunity Agency officials performing discretionary functions are generally granted qualified immunity and are immune from suit provided that “ ‘their conduct does not violate clearly established statutory or constitutional … claim. 44 To *625 succeed on their claim for qualified immunity, Bezio and Rock must show that from the “face of the complaint they did not violate a clearly established right of which they should have known.” 45 Defendants

Howard v. City Of Houston

District Court, S.D. Texas · Apr 18, 2022

Wade, 776 F.3d 368, 388 (5th Cir. 2015) (“It is well established that ‘municipalities have no immunity from damages liability flowing from their constitutional violations.’” (quoting Owen v. … Serrano and Vieira overstate the scope of any potential qualified immunity. See Pelletier, 516 U.S. at 312. Serrano was denied qualified immunity for allegedly conducting an unreasonable strip search.

Distiso v. Town of Wolcott

352 F. App'x 478 · Court of Appeals for the Second Circuit · Nov 5, 2009

The district court then denied the Defendants’ qualified immunity defense, asserting conclusorily that Nicholas’s right to be free from racial discrimination was clearly established, and that a reasonable school official … Therefore, if the facts alleged by the Plaintiff here do not make out violation of a “clearly established” constitutional right, then qualified immunity is available. Id. at 816 ; see also Okin v.

Sawyer v. County of Creek

908 F.2d 663 · Court of Appeals for the Tenth Circuit · Jul 18, 1990

Ramirez argues that Leona Sawyer has pled insufficient facts to overcome Ramirez’s absolute and qualified immunity from suit. 1 We turn first to Ramirez’s claim of qualified immunity. … Unlike other affirmative defenses, qualified immunity is not merely a defense to liability; it is also an immunity from suit.

Ireland v. Tunis

907 F. Supp. 1088 · District Court, E.D. Michigan · Nov 5, 1995

Alternatively, Defendants contend that they should prevail as a matter of law even if they are entitled only to qualified immunity for their acts, because those acts did not violate any “clearly established rights” of the … The Court reiterated that qualified immunity rests upon “objective legal reasonableness,” and stated that allegedly unlawful official action must be “assessed in light of the legal rules that were ‘clearly established’ at

Estate of Garcia Toribio v. City of Santa Rosa

381 F. Supp. 3d 1179 · District Court, N.D. California · Apr 4, 2019

The qualified immunity doctrine shields a government official performing discretionary functions from liability for civil damages if the officer's conduct does not violate a "clearly established statutory or constitutional … See Sheehan , 135 S.Ct. at 1776 (questioning without deciding whether "a controlling circuit precedent could constitute clearly established federal law in these circumstances" for purposes of Section 1983 qualified immunity

TATTNALL COUNTY Et Al. v. ARMSTRONG

333 Ga. App. 46 · Court of Appeals of Georgia · Jul 13, 2015

IX establishes a different type of immunity, known as official or qualified immunity when an officer or an employee of the state is sued in his individual capacity. 6 Banks v. Happoldt, 271 Ga. … Armstrong clearly had the burden to establish waiver. As we have previously explained, “[sovereign immunity is not an affirmative defense that must be established by the party seeking its protection.

A.M. ex rel. Youngers v. New Mexico Department of Health

117 F. Supp. 3d 1220 · District Court, D. New Mexico · Jul 17, 2015

Bader are trying to suggest that district courts should, whenever possible, decide qualified immunity on the clearly established prong. … The Supreme Court established the qualified immunity defense in Pierson v.

Pinter v. City of New York

710 F. Supp. 2d 408 · District Court, S.D. New York · Sep 13, 2010

Once we determine whether the right at issue was clearly established for the particular context that the officer faced, the qualified immunity inquiry is complete. … Pinter’s Right Was Clearly Established “For a constitutional right to be ‘clearly established’ for purposes of determining whether an officer is entitled to qualified immunity, the ‘contours of the right must be sufficiently

Vargas-Badillo v. Diaz-Torres

114 F.3d 3 · Court of Appeals for the First Circuit · May 30, 1997

The Qualified Immunity Standard A. … of clearly established law, was met.

Taylor v. Rogich

45 F. Supp. 3d 223 · District Court, E.D. New York · Jan 2, 2014

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.... … The Court deter *227 mined that “Brosseau’s actions fell in the hazy border between excessive and acceptable force [and that qualified immunity applied because] cases by no means clearly established] that Brosseau’s conduct

Smith v. Lee

73 F.4th 376 · Court of Appeals for the Fifth Circuit · Jul 14, 2023

of clearly established law.” … Qualified immunity provides government officials with immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Dustin Burnikel v. Michael Fong

886 F.3d 706 · Court of Appeals for the Eighth Circuit · Apr 2, 2018

Qualified immunity shields government officials from liability in a § 1983 action unless their conduct violates a clearly established right of which a reasonable official would have known. Harlow v. … We affirm the district court’s denial of qualified immunity to Fong and Wessels.

Brown v. Dickey

117 F.4th 1 · Court of Appeals for the First Circuit · Sep 3, 2024

Qualified immunity, which shields an officer from civil liability unless the officer violates clearly established law of which a reasonable officer would have known, is an immunity from suit and damages. … Because qualified immunity is an immunity from suit, an officer's claim of qualified immunity "ought to be resolved as soon as possible in [the] litigation." Norton, 955 F.3d at 183.

Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually and as Sheriff of Holmes County, Florida

919 F.2d 1531 · Court of Appeals for the Eleventh Circuit · Dec 27, 1990

The qualified immunity shield protects government officials performing discretionary functions from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The district court’s order denies summary judgment on qualified immunity as follows: Qualified Immunity.

Flanagan v. Scearce

District Court, W.D. Virginia · Aug 23, 2021

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … clearly established law”); Graves v.