Case law

Piper Partridge v. City of Benton, Arkansas

929 F.3d 562 · Court of Appeals for the Eighth Circuit · Jul 3, 2019

In a § 1983 action, qualified immunity shields government officials from liability “when their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome qualified immunity at the pleadings stage, a plaintiff must “plead[] facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time

Chipman v. City of Florence

858 F. Supp. 87 · District Court, E.D. Kentucky · Aug 2, 1994

ANALYSIS It is well-settled that government officials performing discretionary functions generally have qualified immunity from liability for civil damages insofar as their conduct does not violate a clearly established constitutional … The court also stated: “To determine whether qualified immunity protects [the officers] we must inquire: 1) whether [the plaintiff] identified a clearly established right alleged to have been violated; and 2) whether a reasonable

Anaya Serbia v. Lausell

646 F. Supp. 1236 · District Court, D. Puerto Rico · Sep 11, 1986

The Supreme Court in Davis stated that: 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.” … Because the “clearly established” test has not been met the defendants met the requirements of qualified immunity and are therefore entitled to summary judgment on plaintiffs’ claims for money damages.

Meyers v. Majkic

189 F. App'x 142 · Court of Appeals for the Third Circuit · Jul 24, 2006

If a constitutional right may have been violated by the actions alleged, the defendant is only entitled to qualified immunity if the right was not clearly established. … A right is clearly established if it would be clear to a reasonable officer that his/her conduct was unlawful in the specific context of the case.

Visser v. Magnarelli

542 F. Supp. 1331 · District Court, N.D. New York · Jul 9, 1982

Fitzgerald, ___ U.S. ___, ___, 102 S.Ct. 2727, 2739 , 73 L.Ed.2d 396 (1982) ("If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law … Treen, 671 F.2d 892, 899-900 (5th Cir. 1982) (violation of clearly established state law vitiates objective prong of good faith immunity defense).

Dehorty v. New Castle County Council

560 F. Supp. 889 · District Court, D. Delaware · Apr 14, 1983

immunity defense in a section 1983 action. *891 Defendants argue that the plaintiff bears the burden of proof on the defense of qualified immunity. … The defendants, therefore, bear the burden of establishing by a preponderance of the evidence the qualified immunity defense set forth in Harlow v. Fitzgerald, 102 S.Ct. at 2738 .

Grenning v. Klemme

34 F. Supp. 3d 1144 · District Court, E.D. Washington · Jul 22, 2014

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 reasonable … Harrington would not be entitled to qualified immunity as the right to be free from arbitrary mail searches was clearly established in 2010. (ECF No. 56 at 17-18).

Haavisto v. Perpich

498 N.W.2d 746 · Court of Appeals of Minnesota · Jun 9, 1993

immunity grounds if they can show plaintiff’s Eighth Amendment right to be free from the “cruel and unusual” conditions was not clearly established during the time he was incarcerated); Bogard, 586 F.2d at 409 (problem of … Whether qualified immunity exists turns on whether the official violated a clearly established statutory or constitutional right, the existence of which a reasonable person would have known. Id. at 674-75.

Liberian Community Association v. Lamont

970 F.3d 174 · Court of Appeals for the Second Circuit · Aug 14, 2020

Public officials are entitled to qualified immunity “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … “[W]e have repeatedly held[] that a state statute does not serve as ‘clearly established law’ for purposes of qualified immunity.” Tooly v. Schwaller, 919 F.3d 165, 172 (2d Cir. 2019).

Dunn v. McFeeley

127 N.M. 513 · New Mexico Court of Appeals · Apr 28, 1999

The issue on appeal with respect to § 1983 is whether the Individual Defendants were entitled to qualified immunity on the ground that their alleged misconduct had not been “clearly established” in 1994 to be contrary to … Such a person, however, is entitled to qualified immunity from suit unless at the time of the alleged misconduct it was “clearly established” that the misconduct violated federal law. See Yount v.

John Steven Thomas Olinger v. Dennis J. Larson City of Sioux of South Dakota Falls Terry Satterlee

134 F.3d 1362 · Court of Appeals for the Eighth Circuit · Mar 4, 1998

The district court dismissed Olinger’s entire action based upon a finding of qualified immunity for the arresting and supervising officers. Olinger timely appealed. We affirm. I. … The district court initially entered an order granting in part defendants’ motion for summary judgment based upon qualified immunity.

J.H. ex rel. J.P. v. Nation

61 F. Supp. 3d 1176 · District Court, D. New Mexico · Jan 14, 2015

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualiñed Immunity Analysis.

Williams v. County of Sullivan

157 F.R.D. 6 · District Court, S.D. New York · Jul 26, 1994

the legal rules that were ‘clearly established’ at the time it was taken.” … Thus “until the threshold immunity question [of whether the law was clearly established at the time an action occurred] is resolved, discovery should not be allowed,” Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Francis v. Coughlin

849 F.2d 778 · Court of Appeals for the Second Circuit · Jun 20, 1988

Defendants’ memorandum of law devoted nine pages to the defense of qualified immunity, arguing that the rights which plaintiff claims were violated were not clearly established in the years 1982-83. … In its only reference to qualified immunity, the court noted in a footnote that a prisoner’s right to have notice of and to comment on charges against him was clearly established prior to 1982, such that qualified immunity

Maxey ex rel. Maxey v. Fulton

890 F.2d 279 · Court of Appeals for the Tenth Circuit · Nov 29, 1989

The Court reasoned that a denial of qualified immunity is conclusive because the court is deciding either that (1) the defendant violated clearly established law and is not entitled to immunity, or (2) that if the facts are … Mitchell itself recognizes that there will be times when discovery is proper: Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to

McKinney v. City of Tukwila

13 P.3d 631 · Court of Appeals of Washington · Nov 9, 2000

clearly established at the time it was taken." … In light of the above case law, we find that the impropriety of the officers' actions here is not clearly established. We thus find that the officers are entitled to qualified immunity from suit under section 1983. C.

State v. W.S.B.

453 N.J. Super. 206 · New Jersey Superior Court Appellate Division · Feb 26, 2018

The defendant bears that burden of establishing the immunity by a preponderance *233 of the evidence. … "[I]t is only when the facts known to the prosecutor clearly indicate or clearly establish the appropriateness of an instruction that the duty of the prosecution arises."

David Wayne Givens v. Jimmy Jones, Terry Morris, Zak A. Ajans, M.D., Frederick Stephenson, Jr., Georgia Slater, and Denny Vasquez

900 F.2d 1229 · Court of Appeals for the Eighth Circuit · Apr 9, 1990

The standard we must apply in deciding whether the defendants are entitled to qualified immunity is well established. … Ajans on the basis of qualified immunity.

Maropulos v. County of Los Angeles

560 F.3d 974 · Court of Appeals for the Ninth Circuit · Mar 24, 2009

established due process right. … established right.

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.