Case law

Saiger v. City of Chicago

37 F. Supp. 3d 979 · District Court, N.D. Illinois · Jun 19, 2014

Qualified immunity requires a court to assess ‘the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” Harlow v. … City of Chicago, 242 F.3d 737 , 742 (7th Cir.2001) (“qualified immunity is dissolved ... when the conduct is so egregious that no reasonable person could have believed that it would not violate clearly established rights.

Falkner v. Houston

974 F. Supp. 757 · District Court, D. Nebraska · Mar 6, 1997

The only issue to be decided by the court “is purely a legal one: whether the facts alleged (by the plaintiff, or, in some cases, the defendant) support a claim of violation of clearly established law.” … For the right to be clearly established, “[t]he 'contours' of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right ...

Peoples v. Fischer

898 F. Supp. 2d 618 · District Court, S.D. New York · Jun 26, 2012

Qualified Immunity Agency officials performing discretionary functions are generally granted qualified immunity and are immune from suit provided that “ ‘their conduct does not violate clearly established statutory or constitutional … claim. 44 To *625 succeed on their claim for qualified immunity, Bezio and Rock must show that from the “face of the complaint they did not violate a clearly established right of which they should have known.” 45 Defendants

Gray v. Detroit City

Court of Appeals for the Sixth Circuit · Mar 1, 2005

Officer Gross is Entitled to Qualified Immunity This Court has adopted a three step analysis in determining when qualified immunity applies. Champion v. … Officer Gross is therefore entitled to qualified immunity. B.

Montville v. Lewis

87 F.3d 900 · Court of Appeals for the Seventh Circuit · Jul 1, 1996

Cabrera, 58 F.3d 290, 292 (7th Cir.1995), and, finding that the defendants’ conduct did not violate “clearly established law” and thus was shielded by qualified immunity, we reverse. … In light of our conclusion that qualified immunity was proper as to the September search, it necessarily follows that using information gained during that inspection was reasonable and did not violate clearly established

John W. Burgess Linda M. Burgess, Husband and Wife v. Pierce County, a Municipal Corporation Joseph Stortini Jane "Doe" Stortini, Husband and Wife

918 F.2d 104 · Court of Appeals for the Ninth Circuit · Nov 2, 1990

The scope of our review is detailed in Mitchell : Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement … “[S]tate and local officials are entitled to qualified immunity if ‘their conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Manhattan Beach

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.

Meredith Coleman v. Nyal Frantz, Sheriff of Wells County, Indiana

754 F.2d 719 · Court of Appeals for the Seventh Circuit · Jan 30, 1985

Since Frantz did not violate any then clearly established constitutional right of which a reasonable person would have known, he was justified in asserting the qualified immunity defense. … Thiboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d, 555 ), and that the qualified immunity is unavailable to defendants where the statutory right in such cases is clearly established.

Baptiste v. Griffin

District Court, S.D. New York · Oct 31, 2019

Therefore, a qualified immunity analysis is not necessary. … violate any clearly established right of Plaintiff.

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

Waller v. State

64 Wash. App. 318 · Court of Appeals of Washington · Feb 18, 1992

The Meyers court determined that the proper qualified immunity test was whether the conduct complained of "violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.'" … The qualified immunity question is whether the caseworkers' actions violated clearly established statutory or constitutional rights of which a reasonable person would have known. Meyers , at 1158.

Knight v. Trotter

District Court, E.D. Michigan · Jun 5, 2023

Since Hughes acknowledges that Knight possessed a clearly established Fourth Amendment right to be free from excessively forceful handcuffing, qualified immunity does not preclude him from standing … Kiefer, 310 F.3d 937, 944 (6th Cir. 2002) (recognizing that the “right to be free from ‘excessively forceful handcuffing’ is a clearly established right for qualified immunity purposes”).

AHE Realty Assoc., LLC v. Miami-Dade Cnty.

320 F. Supp. 3d 1322 · District Court, S.D. Florida · Jun 29, 2018

Qualified Immunity Naranjo also states he is entitled to qualified immunity. … A defendant pleading qualified immunity is entitled to dismissal "unless the plaintiff's allegations state a claim of violation of clearly established law." Cottone v. Jenne , 326 F.3d 1352 , 1357 (11th Cir. 2003).

Pena ex rel. Estate of Cornell v. Givens

637 F. App'x 775 · Court of Appeals for the Fifth Circuit · Nov 23, 2015

Sheehan, — U.S.-, 135 S.Ct. 1765, 1776 , 191 L.Ed.2d 856 (2015) (“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 … Qualified immunity thus attaches unless the law is clearly established that the defendant’s conduct amounted to a seizure.

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.

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

Doe v. Knox County Board of Education

918 F. Supp. 181 · District Court, E.D. Kentucky · Mar 6, 1996

Qualified Immunity The Board members and superintendent argue that they are entitled to qualified immunity with regard to the claims against them in their individual capacities. … Government officials performing discretionary functions generally are immune from personal liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional rights of which

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.

Adeline Lennon v. Chief William P. Miller, the City of Troy, Patrolman Donald J. Backaus, and Patrolman Peter Gordon

66 F.3d 416 · Court of Appeals for the Second Circuit · Sep 12, 1995

’s clearly established constitutional rights. … his ... actions did not violate any of those clearly established rights.

Jones v. United States

878 F. Supp. 1290 · District Court, D. Nebraska · Mar 7, 1995

established law with sufficient precision so as to allow the defendants to formulate a motion for summary judgment on qualified-immunity grounds.” … since there are no material facts in dispute which show that Defendants’ conduct violated' clearly established law.