Case law

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

Knowlton Merritt v. John E. MacKey and Jerry Howard, Knowlton Merritt v. John E. MacKey Steve Vincent

932 F.2d 1317 · Court of Appeals for the Ninth Circuit · May 8, 1991

This court also held that Vincent and Mackey were not entitled to qualified immunity because they knowingly acted outside the scope of their employment and violated a clearly established due process right. … Qualified Immunity In Merritt I , this court held that neither Vincent nor Mackey was entitled to qualified immunity because “their conduct exceeded the scope of their authority and because they violated Merritt’s clearly

Angela Bouggess v. McKenzie Mattingly

482 F.3d 886 · Court of Appeals for the Sixth Circuit · Apr 16, 2007

The Supreme Court has held that defendants in such suits are entitled to qualified immunity from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … In other words, an officer will be denied qualified immunity if he violates a statutory or constitutional right that was “so clearly established when the acts were committed that any officer in the defendant’s position, measured

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.

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).

Armijo Ex Rel. Chavez v. Wagon Mound Public Schools

159 F.3d 1253 · Court of Appeals for the Tenth Circuit · Oct 28, 1998

“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. … that the relevant law was clearly established when the alleged violation occurred.

Nash v. Douglas County

733 F. Supp. 100 · District Court, N.D. Georgia · Nov 17, 1989

Qualified Immunity Harper, Hale, Copeland and Holmes, (“the law officer defendants”), assert that they are entitled to summary judgment on qualified immunity grounds. … The qualified immunity defense, first recognized by the Supreme court in Pierson v.

Hardy v. District of Columbia

601 F. Supp. 2d 182 · District Court, District of Columbia · Mar 6, 2009

QUALIFIED IMMUNITY “The doctrine of qualified immunity protects government officials ‘from [personal] liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … right,” and “whether *188 that right was clearly established at the time of the alleged violations.”

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.

Brown v. Grabowski

922 F.2d 1097 · Court of Appeals for the Third Circuit · Dec 31, 1990

Anderson’s strict elaboration of Harlow , establishing that an official is entitled to summary judgment on grounds of qualified immunity, unless the right that the official is alleged to have violated is both clearly established … established constitutional duty and that he was entitled to qualified immunity.

Harrod v. Caney

547 S.W.3d 536 · Court of Appeals of Kentucky · Feb 23, 2018

Harrod filed an interlocutory appeal, arguing the claims against him are barred by absolute immunity and qualified immunity. … Coroners are entitled to qualified immunity both by statute and pursuant to common law.

Elkins v. McKenzie

865 So. 2d 1065 · Mississippi Supreme Court · Oct 30, 2003

The first step in the qualified immunity analysis is to determine whether the plaintiff has alleged the violation of a clearly established federal constitutional (or federal statutory) right. Hare v. … To ensure that qualified immunity serves its intended purpose, it is of paramount import, during step two, to define "clearly established law" at the proper level of generality. Anderson v.

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.

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.

Redo v. Sylvestri

690 So. 2d 731 · District Court of Appeal of Florida · Apr 2, 1997

The trial court granted the officers' motion for summary judgment on the grounds of qualified immunity. … If Redo proves her allegations, then the officers are not entitled to the defense of qualified immunity, since their conduct violated clearly established constitutional law. See Harlow v.

Cosme-Rosado v. Serrano-Rodriguez

196 F. Supp. 2d 117 · District Court, D. Puerto Rico · Mar 22, 2002

QUALIFIED IMMUNITY Assuming, arguendo, that Serrano’s actions are not covered by absolute immunity, he would still enjoy qualified immunity from personal liability for money damages. … Qualified immunity shields government officials from civil damages for performing discretionary functions “insofar as their conduct does not violate clearly established rights of which a reasonable person would have known

Reyes v. Fischer

934 F.3d 97 · Court of Appeals for the Second Circuit · Aug 9, 2019

violated clearly established statutory or constitutional rights of which a reasonable person would have known." … Government officials performing discretionary functions generally are afforded qualified immunity, and are therefore "shielded from liability for civil damages" when "their conduct does not violate clearly established statutory

Beg Investments, LLC v. Alberti

85 F. Supp. 3d 54 · District Court, District of Columbia · Mar 24, 2015

As a result, Defendants were entitled to qualified immunity. Id. … In granting Defendants’ motion to dismiss Plaintiff’s RICO and underlying Hobbs Act claims, this Court explained that state actors are entitled to qualified immunity on RICO claims for “conduct that does not violate clearly

Gomes v. Wood

451 F.3d 1122 · Court of Appeals for the Tenth Circuit · Jun 27, 2006

Annes did not violate clearly established law of which a reasonable official would have known, she and the other defendants are entitled to qualified immunity. I. BACKGROUND A. … “[W ]here the right is clearly established, a defendant should only rarely be able to succeed with a qualified immunity defense.” Id. (internal quotation marks omitted). 2.

Valdez v. Roybal

186 F. Supp. 3d 1197 · District Court, D. New Mexico · May 12, 2016

Clearly Established Rights in the Qualified Immunity Analysis. … The Law Was Not Clearly Established and Roybal and Placencio are Entitled to Qualified Immunity.