Case law

Krein v. Norris

309 F.3d 487 · Court of Appeals for the Eighth Circuit · Oct 16, 2002

not specifically and conclusively ruled on the issue of qualified immunity. … holding that "plaintiff has asserted the violation of a constitutional right [and] the right is clearly established."

Pisoni v. McCord

2018 Ohio 64 · Ohio Court of Appeals · Jan 9, 2018

Thereafter, the burden shifts to plaintiff to establish that the defendant’s conduct violated a right so clearly established that any officer in the defendant’s position would have clearly understood that he was under an … The question is whether Pisoni established McCord’s conduct violated a right so clearly established that any officer in McCord’s position (objectively measured) would have clearly understood he was under an affirmative

D'AGUANNO v. Gallagher

827 F. Supp. 1558 · District Court, M.D. Florida · Aug 9, 1993

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights of … Thus, defendants are entitled to qualified immunity from suit on Count III because they did not violate clearly established law. 4. The Right to Equal Protection Under the Law.

Kutilek v. Gannon

132 F.R.D. 296 · District Court, D. Kansas · Sep 24, 1990

It is premised on the contention that the challenged conduct was undertaken in good faith or did not violate clearly established law or constitutional rights that a reasonable person would have known. … functions will be shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, is resolved, discovery

People Ex Rel. Feuer v. Progressive Horizon, Inc.

248 Cal. App. 4th 533 · California Court of Appeal · May 31, 2016

Proposition D bans medical marijuana businesses, but grants certain qualifying businesses a limited immunity from enforcement of the ordinance. … As set forth in the Declarations attached to these moving papers, Progressive has resolved the LiveScan issue and now fully qualifies for limited immunity.

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).

Shehee v. Luttrell

199 F.3d 295 · Court of Appeals for the Sixth Circuit · Oct 1, 1999

immunity, finding that the law regarding Shehee’s First Amendment and Fifth Amendment claims was clearly established. … of clearly established law.”

Murcia v. County of Orange

226 F. Supp. 2d 489 · District Court, S.D. New York · Oct 4, 2002

the supervisor liable were clearly established at the time of the violation. … I conclude that Bigger is entitled to qualified immunity in this situation. In essence, plaintiff argues that Bigger cannot acquire qualified immunity by accident.

Chateaubriand v. Gaspard

97 F.3d 1218 · Court of Appeals for the Ninth Circuit · Oct 7, 1996

of qualified immunity. … The district court further denied summary judgment on qualified immunity grounds because “discharging a public employee in retaliation for protected speech violated clearly established law of which a reasonable person would

Morinville v. Old Colony Cooperative Bank

579 F. Supp. 1498 · District Court, D. Rhode Island · Feb 10, 1984

conduct not previously identified as unlawful____ If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … the rule could be deemed to not have been clearly established.

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.

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

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.

Francis Dougherty v. Philadelphia School District

772 F.3d 979 · Court of Appeals for the Third Circuit · Nov 21, 2014

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Having found a violation of Dougherty’s First Amendment rights, the second prong of the qualified immunity analysis requires us to determine whether that right was “clearly established.”

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.

Estep v. Combs

366 F. Supp. 3d 863 · District Court, E.D. Kentucky · Aug 2, 2018

"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 of discovery." Mitchell v. … of qualified immunity."

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

Hearring v. Sliwowski

872 F. Supp. 2d 647 · District Court, M.D. Tennessee · Jan 26, 2012

Our Circuit’s clearly established case law on this issue put the school and its employees on notice that this search was unconstitutional, so defendants are not entitled to qualified immunity protection. … to qualified immunity. 4.

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.

Rich v. Montpelier Supervisory District

167 Vt. 415 · Supreme Court of Vermont · Jan 23, 1998

He misunderstands the role of the objective standard in qualified immunity analysis. … , on the basis of nothing more than the official’s pretextual assertions, that the allegedly unconstitutional conduct contravened no clearly established law.’”