Case law

Benjamin v. Schwartz

299 F. Supp. 2d 196 · District Court, S.D. New York · Jan 8, 2004

Koenigsmann, and qualified immunity. … Qualified immunity is available to a public official whose conduct “does not violate a clearly established statutory or constitutional right.” Richardson v. Selsky, 5 F.3d 616, 621 (2d Cir.1993).

Maxwell v. MAYOR & ALDER. OF SAVANNAH

226 Ga. App. 705 · Court of Appeals of Georgia · Jun 5, 1997

Despite this finding, however, we conclude that Gellatly was immune from the § 1983 claim in this case. Gellatly’s qualified immunity defense is governed by federal law. Forney v. Purvis, 190 Ga. … For the law to be *708 clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable

Robert Oglesby v. Amy Lesan

929 F.3d 526 · Court of Appeals for the Eighth Circuit · Jul 3, 2019

Officer Hein and Deputy Lesan moved for summary judgment based on qualified immunity. … To defeat a motion for summary judgment based on qualified immunity, a plaintiff must show that the defendant violated his clearly-established rights. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Ann Robinette Eric Robinette v. William Jones Richard Fentiman Tim Gassen Joshua Landis Merritt M. Beck, III City of Centralia, Missouri

476 F.3d 585 · Court of Appeals for the Eighth Circuit · Feb 8, 2007

Whether an official is entitled to qualified immunity depends upon the “objective legal reasonableness” of the official’s actions “assessed in light of the legal rules that were ‘clearly established’ ” at the time of the … Robi-nette, the constitutional right was not clearly established. 8 The warrant to arrest Ms.

Santana v. Calderon

342 F.3d 18 · Court of Appeals for the First Circuit · Aug 26, 2003

It is important for the "clearly established" prong of the qualified immunity analysis to note that Quiles was decided on November 7, 2001, after Santana's dismissal from her job in this case. … the Puerto Rico Constitution, is to focus on the second step of the qualified immunity analysis -- the clearly established question

Butler v. City of Norman

992 F.2d 1053 · Court of Appeals for the Tenth Circuit · Apr 28, 1993

official violated the clearly established law. … In Mitchell the Court held: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery ..

Robinson v. City of Seattle

119 Wash. 2d 34 · Washington Supreme Court · May 14, 1992

constitutional or statutory rights; such persons are entitled to qualified immunity from a claim under section 1983 if their conduct is objectively reasonable when measured against clearly established law. … Qualified immunity from suit must be granted when the law or right allegedly violated is not clearly established. Conner v. Santa Ana, 897 F.2d 1487 , 1492 (9th Cir. 1990).

Chinchello v. Fenton

805 F.2d 126 · Court of Appeals for the Third Circuit · Nov 14, 1986

We acknowledge that on these facts the distinction between an “I didn’t do it” defense and a qualified immunity defense based on the absence of a clearly established legal duty is not as clear cut as in most other contexts … Fitzgerald, 457 U.S. at 818, 102 S.Ct. at 2738, instructed that qualified immunity is unavailable if the defendant’s conduct violated “clearly established ... statutory rights” and, based on Davis v.

Kelley v. O'Malley

328 F. Supp. 3d 447 · District Court, W.D. Pennsylvania · Sep 13, 2018

Qualified immunity then attaches "when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Kisela v. … s clearly established constitutional rights and they are entitled to qualified immunity. 8 Plaintiffs also include in Count I claims against John Does # 1 and # 2 for excessive force.

Hall v. Stewart

297 F. Supp. 2d 1328 · District Court, S.D. Florida · Jan 16, 2004

The Supreme Court has established a two-part test for evaluating claims of qualified immunity. … We find it does not ... ”). 3 Because no “offensiveness to others” element was clearly established under Fla. Stat. § 796.07 at the time of the arrests, Defendants are entitled to qualified immunity.

Deary v. Evans

570 F. Supp. 189 · District Court, Virgin Islands · Jun 6, 1983

The Court in Saldana outlined the procedures necessary to establish the defense of qualified immunity on a motion for summary judgment. … The burden of persuasion then shifts to the plaintiff who must rebut the good faith or qualified immunity defense by showing that the defendant’s conduct violates clearly established law.

Derrick Newman v. James Guedry

703 F.3d 757 · Court of Appeals for the Fifth Circuit · Dec 21, 2012

and on the § 1983 claim on the basis of qualified immunity. … The officers maintain that their conduct was not objectively unreasonable in light of clearly established law at the time of the incident.

Hernandez v. Skinner

383 F. Supp. 3d 1077 · District Court, D. Montana · May 29, 2019

Qualified immunity shields public officials from suit unless the plaintiff can show (1) a violation of a constitutional right and (2) the constitutional right was clearly established at the time of the violation. … "Qualified immunity is no immunity at all 'if clearly established' law can simply be defined as the right to be free from unreasonable searches and seizures." City & Cty. Of S.F. v.

Texas Tech University Health Sciences Center - El Paso v. Gloria Bustillos

556 S.W.3d 394 · Texas Court of Appeals, 8th District (El Paso) · Jun 13, 2018

First, the federal court’s ruling was based on “qualified immunity” which evaluates whether there was a violation of a constitutional right and whether that right was clearly established at the time. … (recognizing that the terms “official immunity” and “qualified immunity” are often used interchangeably, but that the doctrines are separate defenses; qualified immunity applies when federal law claims are raised while

Azucena Zamorano Aleman v. City of Charlotte

80 F.4th 264 · Court of Appeals for the Fourth Circuit · Aug 16, 2023

As the district court recognized, the qualified immunity analysis consists of two prongs: (1) whether a statutory or constitutional violation occurred, and (2) whether the right was clearly established at … Nevertheless, “[a] right need not be recognized by a court in a specific factual context before such right may be considered ‘clearly established’ for purposes of qualified immunity.” See Wilson v.

Rozek v. Topolnicki

865 F.2d 1154 · Court of Appeals for the Tenth Circuit · Jan 12, 1989

The court held that defendants Reisdorff and Liddle were entitled to qualified immunity because they were working under To-polnicki’s direction, and that Rozek had not shown they had violated any clearly established constitutional … The doctrine of qualified immunity provides that government officials “generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Washington v. Buraker

322 F. Supp. 2d 692 · District Court, W.D. Virginia · Feb 2, 2004

If the answer to that threshold question is yes, the officer is may still be entitled to qualified immunity if the right was not clearly established at the time of the events at issue. Clem v. … Because discovery is not yet complete, this Court must deny Defendants’ motions for summary judgment based on qualified immunity if it concludes “(1) that the plaintiff alleged a violation of a clearly established right,

Baker v. Coburn

68 F.4th 240 · Court of Appeals for the Fifth Circuit · May 17, 2023

violated clearly established law.” … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established stat- utory or constitutional rights of which a reasonable person would

Ronald Converse v. City of Kemah, Texas, et

961 F.3d 771 · Court of Appeals for the Fifth Circuit · Jun 12, 2020

“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … Prong 2: Violation of Clearly Established Law The second part of the qualified immunity analysis requires us to determine “whether the [D]efendants’ conduct was objectively unreasonable in light of clearly established

Bartell v. Lohiser

12 F. Supp. 2d 640 · District Court, E.D. Michigan · Jul 1, 1998

whether the conduct of which the plaintiff complains violated clearly established law.” … Defendants are entitled to qualified immunity as to plaintiffs ADA and Rehabilitation Act claims because plaintiff has failed to show that defendants violated a clearly established right of which they should have known. 4