Case law

CYBER ZONE E-CAFE, INC. v. King

782 F. Supp. 2d 1331 · District Court, M.D. Florida · Mar 22, 2011

“Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Because the law was not clearly established in April 2010 that the Plaintiffs’ arrest and seizure was unlawful, Defendant King is entitled to qualified immunity, and all claims against him in his individual capacity shall

Garcia-Rubiera v. Flores-Galarza

516 F. Supp. 2d 180 · District Court, D. Puerto Rico · Aug 30, 2007

Whether Constitutional Right was Clearly Established The second stage in the qualified immunity requires the court to ask whether the law was clearly established at the time of the constitutional violation. … Because the law was not clearly established at the time the Secretary allegedly deprived Plaintiffs of their rights guaranteed by the Takings Clause, he is entitled to qualified immunity on all of their takings claims.

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.

Ken Mouille, Laurie Rollins v. City of Live Oak

918 F.2d 548 · Court of Appeals for the Fifth Circuit · Jan 8, 1991

Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions assessed in light of clearly established law. … Unit A Jan. 1981) were clearly established law in this circuit.

Ronald A. Mahers v. Charles Harper Ken Wittry Ronald Welder Paul W. Grossheim

12 F.3d 783 · Court of Appeals for the Eighth Circuit · Feb 1, 1994

Defendants argue that even if the due process violation found by the state court is taken as a given, the right violated was not clearly established, and therefore they are entitled to qualified immunity. We agree. … In proceeding under Rule 9, defendants acted in an objectively reasonable manner, and they'did not violate any clearly established constitutional right. They are entitled to qualified immunity.

Gene Flinn v. Elaine Gordon, Dexter Lehtinen

775 F.2d 1551 · Court of Appeals for the Eleventh Circuit · Nov 15, 1985

Once this is established, the official is immune from liability unless the plaintiff can “prove that the defendant’s actions violated clearly established constitutional law.” Id. … Since Flinn cannot show the loss of any federal right, much less the loss of a “clearly established” right, he has failed to overcome Gordon’s qualified immunity.

Lopera v. Town of Coventry

640 F.3d 388 · Court of Appeals for the First Circuit · May 20, 2011

The Doctrine of Qualified Immunity 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 finding that a right was not clearly established at the time of the alleged violation is sufficient to warrant a finding of qualified immunity. See Pearson, 129 S.Ct. at 822 .

David Sims v. City of Madisonville

894 F.3d 632 · Court of Appeals for the Fifth Circuit · Jun 28, 2018

That is because of the second part of the qualified immunity inquiry, which requires a plaintiff to show that any violation of rights was clearly established at the time the conduct occurred. 4 When Sims was terminated in … established when Sims was fired in 2012, and Covington was entitled to qualified immunity.

Lachance v. Town of Charlton, Corp.

368 F. Supp. 3d 231 · District Court, District of Columbia · Mar 21, 2019

Defendants argue that they are entitled to qualified immunity. The First Circuit has adopted a two-part test to assess qualified immunity. … Thus, because Defendants do not argue they are entitled to qualified immunity for the common law claims, this Court need not address the existence of state qualified immunity.

Johnson v. Anhorn

416 F. Supp. 2d 338 · District Court, E.D. Pennsylvania · Jan 31, 2006

The law became clearly established when the Third Circúit considered the issue of qualified immunity under similar circumstances in Rogers v. … Thus, because the right in question is clearly established, Anhorn must also be denied qualified immunity as to the final plaintiff, Johnson. d.

Poolaw v. Marcantel

565 F.3d 721 · Court of Appeals for the Tenth Circuit · May 4, 2009

Concluding that these Fourth Amendment principles were clearly established when the incidents occurred, the court denied qualified immunity. Marcantel and Hix now appeal. … City of Las Cruces, 523 F.3d 1205, 1211-12 (10th Cir.2008) (“[T]he clearly established weight of authority from other courts” establishes a right for the purposes of qualified immunity.).

Grissom v. Roberts

902 F.3d 1162 · Court of Appeals for the Tenth Circuit · Aug 29, 2018

that would be decisive under clearly established law, we are compelled to hold that the Prison Officials are entitled to qualified immunity on his due-process claim.3 IV. … To overcome the defense of qualified immunity, however, Grissom must point to clearly established law. See Thomson, 584 F.3d at 1312. That, he has failed to do.

Mills v. City of Shreveport

58 F. Supp. 3d 677 · District Court, W.D. Louisiana · Sep 30, 2014

Qualified immunity shields government officials from liability in their performance of discretionary functions, unless their conduct violated a clearly established constitutional right.' See Ontiveros v. … clearly established right.

Spenner v. CITY OF SIOUX FALLS, SOUTH DAKOTA

580 N.W.2d 606 · South Dakota Supreme Court · Jun 3, 1998

“To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable officer would have known at the time.” Id. … ” of the action, assessed in light of the legal rules that were “clearly established” at the time it was taken. ****** [0]ur cases establish that the right the official is alleged to have violated must have been “clearly

Morrison v. Board of Trustees of Green Tp.

583 F.3d 394 · Court of Appeals for the Sixth Circuit · Oct 8, 2009

This right was “clearly established” for qualified immunity purposes at the time of Amanda’s seizure on October 30, 2002. See id. at 641 . … Violation of Clearly Established Right Officer Celender finally argues that he is entitled to qualified immunity, even if he *408 violated Amanda’s constitutional rights, because it was not clearly established at the time

Yamaha Motor Manufacturing Corp. of America v. Kentucky, Finance & Administration Cabinet

403 F. Supp. 2d 601 · District Court, W.D. Kentucky · May 10, 2005

Under the doctrine of qualified immunity, “governmental officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … If the law was not clearly established, the defendants may be protected from suit by qualified immunity as they could not have known that their conduct was illegal or unconstitutional.

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).

Kevin O'ROuRke v. Smithsonian Institution Press and the Smithsonian Institution, Docket No. 04-0151-Cv

399 F.3d 113 · Court of Appeals for the Second Circuit · Feb 16, 2005

O’Rourke pointed out that the Smithsonian was created as an independent establishment of the United States, citing 20 U.S.C. *116 § 41, and that § 1498(b) does not mention establishments, or trust instrumentalities, of the … Prior to 1960, however, the United States had not waived its sovereign immunity from suits for copyright infringement, and the result was, “inequitabl[y],” that government employees — who could not claim sovereign immunity

Johnson v. Boreani

946 F.2d 67 · Court of Appeals for the Eighth Circuit · Sep 26, 1991

Government officials who are sued for damages under § 1983 for their performance of discretionary functions are entitled to a qualified immunity defense if they prove that their conduct “does not violate clearly established … Because in most cases it is easier for a § 1983 defendant to establish qualified immunity than to defend against the alleged constitutional violation, and because our remand had expressly left the qualified immunity issue

Africa v. City of Philadelphia

809 F. Supp. 375 · District Court, E.D. Pennsylvania · Dec 8, 1992

“Whether an official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of [his] conduct as measured by reference to clearly established law’.” Davis v. … “clearly established” law and the information he possessed at that time.