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.

The Mercer County Board of Education and Dr. Deborah Akers v. Amanda Shrewsbury

West Virginia Supreme Court · Nov 12, 2024

The respondent further argued that even if the circuit court decided that qualified immunity applied, it was abrogated by the petitioners’ violation of clearly established rights. … “It is well established that claims for both constitutional and common law qualified immunity are available only for the State, its agencies, officials, and/or employees.” Kent, 249 W.

Simon v. City of N.Y.

893 F.3d 83 · Court of Appeals for the Second Circuit · Jun 21, 2018

Qualified Immunity State executive officials "are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established … Qualified Immunity for the Seizure and Detention on August 12, 2008 Finally, we consider whether defendants' conduct on August 12 violated the Fourth Amendment and whether any violation was clearly established as of August

Sapp v. Cunningham

847 F. Supp. 893 · District Court, D. Wyoming · Mar 23, 1994

Was the Law “Clearly Established”? … The critical issue before this Court with respect to qualified immunity is whether it can be said that the defendants’ alleged failures to act violated some clearly established law in existence at that time.

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.

Escalera-Salgado v. United States

911 F.3d 38 · Court of Appeals for the First Circuit · Dec 19, 2018

in Bivens claims by qualified immunity."2 Solis-Alarcón v. … The district court therefore did not err in dismissing Escalera's claim on the clearly-established step of qualified immunity analysis.4 III.

Silagyi v. Independent School District No 12

District Court, W.D. Oklahoma · Jun 30, 2023

The Court may consider both prongs of the qualified immunity analysis even though Defendants’ arguments focus on the “clearly established” prong. … Moreover, for purposes of the “clearly established” prong of qualified immunity (discussed below), the block quote Plaintiffs cite is insufficient to “create a clearly established weight of authority.” Sandberg v.

Neaves v. Hampton

District Court, E.D. Kentucky · Jul 1, 2024

Qualified Immunity The defendants assert that they are entitled to the protections of qualified immunity with respect to Neaves’ constitutional claims. … to juror to conclude that the defendant violated a clearly established constitutional right.

Smith v. University of Washington Law School

2 F. Supp. 2d 1324 · District Court, W.D. Washington · Apr 22, 1998

In the absence of binding precedent, a court should look to whatever deci-sional law is available to ascertain whether the law is clearly established for qualified immunity purposes, including decisions of state courts, other … The third step in the qualified immunity analysis is to consider whether a reasonable official could have believed the conduct at issue was lawful under clearly established law.

Papin v. Univ. of Miss. Med. Ctr.

347 F. Supp. 3d 274 · District Court, S.D. Mississippi · Sep 28, 2018

Government officials invoke qualified immunity to shield themselves "from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … right was clearly established at the time of the defendant's alleged misconduct." 12 "For a right to be clearly established under the second step of the qualified immunity analysis, the contours of that right must be sufficiently

Tommy D. Hopkins v. John L. Saunders, Kyle Vickers, Charles Ausfahl, Roy Temple, Beth M. Wheeler

93 F.3d 522 · Court of Appeals for the Eighth Circuit · Sep 23, 1996

Qualified Immunity Under the doctrine of qualified immunity, government officials are generally immune from suit in performing discretionary duties if “their conduct does not violate clearly established statutory or constitutional … The district court determined, however, that the right to such a hearing was clearly established by section 105.055 and thus denied the officials qualified immunity. We disagree.

Rogers v. Cofield

908 F. Supp. 2d 277 · District Court, D. Massachusetts · Dec 12, 2012

MEMORANDUM AND ORDER RE: QUALIFIED IMMUNITY MARIANNE B. BOWLER, United States Magistrate Judge. … was clearly established at the time of the defendant’s alleged violation.”

Vinning-El v. Evans

657 F.3d 591 · Court of Appeals for the Seventh Circuit · Sep 16, 2011

The remaining subject is whether chaplain Sutton has qualified immunity, which comprises two questions: first whether the plaintiff has a good constitutional claim, and second whether the right in question was “clearly established … Immunity protects public employees who make reasonable errors in applying even clearly established law. See, e.g., Malley v.

Lawrenz v. James

852 F. Supp. 986 · District Court, M.D. Florida · Apr 6, 1994

Thus, if the applicable law was not clearly established, or if the law was clearly established and Defendant James did not violate that law in terminating Plaintiff, he is entitled to qualified immunity. … CONCLUSION Defendant James is entitled to qualified immunity because he did not violate clearly established law in terminating Plaintiff.

Iqbal v. Hasty

490 F.3d 143 · Court of Appeals for the Second Circuit · Jun 18, 2007

A defendant will be entitled to qualified immunity if either (1) his actions did not violate clearly established law or (2) it was objectively reasonable for him to believe that his actions did not violate clearly established … clearly established law.”

Sanzone v. Gray

884 F.3d 736 · Court of Appeals for the Seventh Circuit · Mar 8, 2018

They all raised a qualified-immunity defense, arguing that they did not violate any clearly established constitutional right. … To decide whether Gray is entitled to qualified immunity, this court must ask: (1) whether his conduct violated Koster's Fourth Amendment right; and (2) whether the right was clearly established at the time of the alleged

George MacKie v. Katrin Rouse-Weir / George MacKie v. Robert Joss

Massachusetts Supreme Judicial Court · Jan 24, 2025

Second, both legal precedent and the statutory framework of c. 123A establish that the role of qualified examiners is not only essential, but quasi judicial. … established statutory or constitutional right for the purpose of determining whether qualified immunity applied. [13] In his complaint, Mackie alleged that Joss "was hired by the [DOC] as a [qualified examiner] and assigned

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

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.

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