Case law

Lockett v. New Orleans City

607 F.3d 992 · Court of Appeals for the Fifth Circuit · May 5, 2010

If the official’s conduct violated a clearly established constitutional right, then qualified immunity is not applicable. … Nonetheless, the district court granted the defendants qualified immunity because it found that Lockett did not satisfy the second prong, which requires that the constitutional right was clearly established.

Belcher v. City of Foley

30 F.3d 1390 · Court of Appeals for the Eleventh Circuit · Sep 2, 1994

Thus, to overcome the defendants’ qualified immunity, Mrs. … Belcher’s death no decision had clearly established that Chief Anderson’s actions or inactions constituted deliberate indifference, he is entitled to qualified immunity. 2.

Clark v. Ware

873 F. Supp. 2d 1117 · District Court, E.D. Missouri · Jun 4, 2012

Qualified immunity Both Johnson and Ware raise the issue of qualified immunity. … immunity was still appropriate, however, because the law was not clearly established)).

Danese v. Asman

875 F.2d 1239 · Court of Appeals for the Sixth Circuit · May 26, 1989

The defendants contend that they should be dismissed as individual defendants on the grounds of qualified immunity. We hold that the defendants are entitled to qualified^, immunity and therefore, reverse. … After the amendment, the defendants moved for summary judgment on the qualified immunity issue.

Opinion No.

Arkansas Attorney General Reports · Jan 13, 2000

Under the doctrine of qualified immunity, an individual is immune from trial if the actions complained of were taken in good faith in the performance of one's duties, and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

David v. Mosley

915 F. Supp. 776 · District Court, E.D. Virginia · Feb 16, 1996

Mosley’s Claim Of Qualified Immunity: Counts I, II And IY Mosley seeks summary judgment on Counts I, II and IV, on the theory that he is entitled to qualified immunity. … Baker, 825 F.2d 772, 774 (4th Cir.1987). 8 This is because “... there are two levels on which the immunity shield operates. First, the particular right must be clearly established in the law.

Marcus Underwood v. City of Bessemer

11 F.4th 1317 · Court of Appeals for the Eleventh Circuit · Sep 2, 2021

While we find that Underwood’s facts make out a constitutional violation, the Officers are still entitled to qualified immunity if the violation was not clearly established. Morton, 707 F.3d at 1282. B. … Was the Right Clearly Established?

Hardy v. Fischer

701 F. Supp. 2d 605 · District Court, S.D. New York · Mar 31, 2010

Qualified Immunity The doctrine of 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 … are accordingly entitled to qualified immunity.

Get Away Club, Inc. v. Vic Coleman, Jim Snyder

969 F.2d 664 · Court of Appeals for the Eighth Circuit · Jul 13, 1992

“If the law was clearly established, the [qualified] immunity defense ordinarily should fail, since a reasonably competent public official should know the law *667 governing [one's] conduct." Harlow v. … Accordingly, the troopers are entitled to qualified immunity on Get Away’s civil claim for monetary damages.

Maurice Hardaway v. Brett Meyerhoff

734 F.3d 740 · Court of Appeals for the Seventh Circuit · Nov 4, 2013

The affirmative defense of qualified immunity protects government officers from liability for actions taken in the course of their official duties if their conduct does not violate “clearly established statutory or constitutional … right, and (2) whether that right was clearly established at the time the conduct occurred.

State v. Haley

687 P.2d 305 · Alaska Supreme Court · Aug 10, 1984

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. … We do not believe that the law governing the constitutional issues in this case was so clearly established that Charney and Erickson should be denied official immunity.

Angie Waller v. City of Fort Worth Texas, e

922 F.3d 590 · Court of Appeals for the Fifth Circuit · Apr 24, 2019

These acts, the district court explained, violated the plaintiffs’ clearly established rights to access the courts. … “clearly established” at the time of the challenged conduct.’”

Ramon A. Mercado v. City of Orlando

407 F.3d 1152 · Court of Appeals for the Eleventh Circuit · Apr 29, 2005

Whether Padilla Violated Clearly Established Law. … Even though Padilla violated Mercado’s constitutional rights, he could still be afforded qualified immunity provided that Mercado’s rights were not clearly established at the time of the incident.

Harrison v. Ash

539 F.3d 510 · Court of Appeals for the Sixth Circuit · Aug 28, 2008

2) whether that right was clearly established. … Thus, qualified immunity allows suits which allege the violation of a clearly established constitutional right to go forward while insulating officers against suits that are frivolous or where a reasonable officer attempting

S.W. v. Clayton County Public Schools

185 F. Supp. 3d 1366 · District Court, N.D. Georgia · May 12, 2016

Next, a plaintiff seeking to overcome a defendant’s qualified immunity privilege must show that (1) the state actor violated plaintiffs constitutional or statutory rights, and (2) those rights were clearly established at … Accordingly, Plaintiffs have failed to allege that Townsend or Jackson violated a clearly established constitutional right, meaning they are entitled to qualified immunity for the § 1983 claims. D.

Newton v. City of New York

738 F. Supp. 2d 397 · District Court, S.D. New York · Sep 21, 2010

.” 57 The Second Circuit has held that a right is clearly established for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right … Clearly Established Constitutional Right Having determined that Ryan was conducting a discretionary function, the ensuing issue for qualified immunity purposes is whether she violated Newton’s clearly established constitutional

J. D. Pflaumer, Inc. v. United States Department of Justice

450 F. Supp. 1125 · District Court, E.D. Pennsylvania · May 18, 1978

at most, only the qualified immunity enjoyed by police officers. … Defendant Manno, based on the allegations of this case, is entitled to only a qualified immunity defense, requiring him to establish that his alleged action in directing the seizure of the plaintiffs’ records was done in

Atherton v. District of Columbia Office of the Mayor

567 F.3d 672 · Court of Appeals for the D.C. Circuit · Jun 2, 2009

matter how unclear it may be that the particular action is a violation) violates a clearly established right. … to determine whether it presents one of those occasions in which the rights are clearly established.

Lesley v. Department of Social & Health Services

83 Wash. App. 263 · Court of Appeals of Washington · Aug 26, 1996

CASEWORKER AND STATE QUALIFIED IMMUNITY We next address whether Maurer is entitled to qualified immunity as a matter of law. … To receive qualified immunity under section 1983, a state official performing discretionary functions must show that the official’s conduct "[did] not violate clearly established statutory or constitutional rights of which

Howell v. Evans

922 F.2d 712 · Court of Appeals for the Eleventh Circuit · Jan 28, 1991

Absent from the order was any discussion of what the clearly established law was at the time of Howell's death, an inquiry essential to a determination of immunity. … Generally Applicable Law 16 As stated above, Harlow established the test for qualified immunity.