Case law

Eva Raffucci Alvarado v. Carmen Sonia Zayas, Digno C. Giraud Rivera v. Carmen Sonia Zayas, Etc.

816 F.2d 818 · Court of Appeals for the First Circuit · Apr 24, 1987

“An official is entitled to immunity if, at the time of the challenged action, the statutory or constitutional right allegedly violated was not ‘clearly established.’ ” Bonitz v. Fair, 804 F.2d at 166 (quoting Harlow v. … Therefore, because her actions did not violate any clearly established federal due process rights, Sonia Zayas is entitled to qualified immunity on these claims.

STOKES v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Jan 23, 2023

Qualified immunity shields 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 … Officers are entitled to qualified immunity from liability unless the alleged conduct violated “clearly established statutory or constitutional rights.” See Harlow, 457 U.S. at 818.

Carolyn Clanton v. Jody Cooper

129 F.3d 1147 · Court of Appeals for the Tenth Circuit · Nov 17, 1997

Such immunity is “qualified” in that it does not obtain when otherwise immune officials violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Id.; Gehl Group v. … If these facts, taken together, do not amount to “coercion” under 'Clearly established law, then Cooper is entitled to qualified immunity.

Shain v. Ellison

53 F. Supp. 2d 564 · District Court, E.D. New York · Jun 1, 1999

so as to preclude the Sheriff who established the county jail policy from invoking the defense of qualified immunity, Weber, 804 F.2d at 803 . … Qualified Immunity Defendants seek to invoke the defense of qualified immunity on behalf of the Nassau County Sheriff.

Athel B. Cooper, Cross-Appellee v. William E. Smith, Individually and in His Official Capacity as Sheriff of Camden County, Georgia

89 F.3d 761 · Court of Appeals for the Eleventh Circuit · Jul 26, 1996

applicable law was clearly established.” … For Cooper to pierce the qualified immunity protecting Smith, he must show that Smith violated one of Cooper’s “clearly established” rights under federal law. Id.

Monica Voss v. Gregory Goode

954 F.3d 234 · Court of Appeals for the Fifth Circuit · Mar 24, 2020

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Goode is therefore entitled to qualified immunity unless it was clearly established that no probable cause existed to arrest Voss for interference with public duties or any other crime at the time of arrest.

Lytle v. Brewer

77 F. Supp. 2d 730 · District Court, E.D. Virginia · Dec 22, 1999

Qualified immunity protects government officials performing discretionary functions from civil liability so long as their conduct does not violate a clearly established statutory or constitutional right of which a reasonable … Brewer argues that if the plaintiffs’ rights were violated, they were not clearly established, and therefore, he should be entitled to qualified immunity.

Moore v. Webster

932 F.2d 1229 · Court of Appeals for the Eighth Circuit · May 8, 1991

for the law to be clearly established. … . *1233 Nevertheless, when deciding whether an official is entitled to qualified immunity, we need only determine whether there was clearly established law which revealed the wrongfulness of appellees' actions.

Deskovic v. City of Peekskill

894 F. Supp. 2d 443 · District Court, S.D. New York · Sep 25, 2012

Doctrine of Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Qualified immunity shields a defendant from standing trial or facing other burdens of litigation, “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the

Brodie v. Worthington

841 F. Supp. 2d 91 · District Court, District of Columbia · Jan 24, 2012

’s clearly established constitutional rights. … Qualified immunity “protects government officials in civil litigation arising from their official conduct ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Dixon v. City of Somersworth, et al.

2015 DNH 190 · District Court, D. New Hampshire · Oct 5, 2015

Moreover, it is well established that qualified immunity, when properly invoked, “is an immunity from suit rather than a mere defense to liability.” Penn v. … to qualified immunity.

Cody Jones v. City of Elyria, Ohio

947 F.3d 905 · Court of Appeals for the Sixth Circuit · Jan 17, 2020

Standard Of Review For Qualified Immunity. Qualified immunity shields government actors from civil liability for official acts that do not violate clearly established constitutional rights. Walker v. … As this collection of rights is clearly established, the two officers are not entitled to qualified immunity for the wrongful-arrest claim. b. Mitchell.

Jackson v. Government of the District of Columbia

District Court, District of Columbia · Sep 11, 2024

“Even if there is a genuine dispute about the reasonableness of an officer’s use of force, he is protected by qualified immunity unless his force violated clearly established law.” Hedgpeth v. … Officer Lombardini asserts that he is entitled to qualified immunity. Def.’s Mot. at 14–15. Jackson contends that the officer violated clearly established law and is not entitled to qualified immunity.

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.

West Virginia of Corrections v. Tracy Jividen

West Virginia Supreme Court · Apr 10, 2015

The WVDOC argues that the circuit court’s reason for denying summary judgment on the defense of qualified immunity is clearly erroneous and is flawed in several major respects. … “[T]he doctrine of qualified or official immunity bars a claim of mere negligence against a State agency . . . and WVDOC’s argument that qualified immunity shields the WVDOC from the Plaintiff’s claim should

Quinones v. Howard

948 F. Supp. 251 · District Court, W.D. New York · Dec 11, 1996

It is well-established that issues involving the defense of qualified immunity should ordinarily be decided “at the earliest possible stage in litigation.” Anderson v. … Even when such rights are clearly established, qualified immunity also protects a government official if it is objectively reasonable for [the official] to believe that his acts did not violate those rights.” Russell v.

Elder v. Holloway

984 F.2d 991 · Court of Appeals for the Ninth Circuit · Jan 27, 1993

Harlow shifted the inquiry in qualified immunity cases from the subjective good faith of the government officials to the objective reasonableness of their conduct in light of clearly established law. … The Court is merely restating its holding by emphasizing that to defeat a qualified immunity claim there must be an identity between the sued-on right and the clearly established right.

B.F. & K.L.F. v. Division of Youth & Family Services

296 N.J. Super. 372 · New Jersey Superior Court Appellate Division · Jan 15, 1997

The DYFS employees and the deputy attorneys general contend they are entitled to qualified immunity as a matter of law because they did not violate a clearly established federal statutory or constitutional right. … If the law was clearly established, the immunity defense would ordinarily fail. Id. at 818-19 , 102 S.Ct. at 2738, 73 L.Ed.2d at 411 . [ Id at 180-81, 536 A.2d 229 .]

Jones v. City of Dothan, Alabama

121 F.3d 1456 · Court of Appeals for the Eleventh Circuit · Sep 17, 1997

DISCUSSION Qualified immunity shields government officials performing discretionary functions from civil litigation and liability where "their conduct does not violate clearly established ... constitutional rights … With regard to the excessive force claim, the magistrate judge concluded that Estress and Wright were not entitled to qualified immunity since "on February 11, 1994, the law was clearly established that use of excessive

Wheeler v. Marengo

District Court, S.D. California · Nov 13, 2019

Appx. 647, 649 (9th Cir. 2007) (“The law in this circuit 6 is clearly established that ‘a prison official acts with deliberate indifference when he 7 ignores the instructions of the prisoner’s treating physician … Defendants’ Entitlement to Qualified Immunity 8 The Supreme Court has set forth a two-part analysis for resolving government 9 officials’ qualified immunity claims. See Saucier v.