Case law

Acevedo-Garcia v. Vera-Monroig

204 F.3d 1 · Court of Appeals for the First Circuit · Feb 17, 2000

work conditions and responsibilities was "clearly established." … Fitzgerald, 457 U.S. 800, 818-19 (1982) ("If the law was clearly established, the immunity defense ordinarily should fail . . . .").

Hill v. CARROLL COUNTY, MISS.

467 F. Supp. 2d 696 · District Court, N.D. Mississippi · Dec 28, 2006

Qualified Immunity "Qualified immunity is `an entitlement not to stand trial or face the other burdens of litigation.' … If not, "the officer is entitled to qualified *701 immunity, and we need not consider whether the asserted right was `clearly established.'" Chavez v.

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.

Gilmore v. Bostic

659 F. Supp. 2d 755 · District Court, S.D. West Virginia · Sep 22, 2009

in a prison’s sex offender treatment program is not clearly established. … immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

MacIas v. County of Los Angeles

50 Cal. Rptr. 3d 364 · California Court of Appeal · Oct 27, 2006

violation, the right was not clearly established. … immunity because the right at issue was not clearly established).

Smith v. University of Washington Law School

2 F. Supp. 2d 1324 · District Court, W.D. Washington · Apr 22, 1998

In the absence of binding precedent, a court should look to whatever deci-sional law is available to ascertain whether the law is clearly established for qualified immunity purposes, including decisions of state courts, other … The third step in the qualified immunity analysis is to consider whether a reasonable official could have believed the conduct at issue was lawful under clearly established law.

Gonzalez-Perez v. Davila

680 F. Supp. 2d 347 · District Court, D. Puerto Rico · Jun 8, 2009

The defense of qualified immunity protects an official who violated the plaintiffs federally protected right as long as the official did not violate clearly established federal law at the time he acted. Harlow v. … The “clearly established” prong of the qualified immunity defense for a supervisor is satisfied “when (1) the subordinate’s actions violated a clearly established constitutional right, and (2) it was clearly established that

Garcia v. Montgomery County

145 F. Supp. 3d 492 · District Court, D. Maryland · Nov 5, 2015

Clearly Established Right Although the Court finds a constitutional right to video record public" police activities, Officers Baxter and Malouf would still be entitled to qualified immunity if that right was not clearly established … Cunniffe, 655 F.3d 78, 85 (1st Cir.2011)), it is the law of the case that such a right is clearly established for purposes of qualified immunity.

Chadha v. Charlotte Hungerford Hospital

77 Conn. App. 104 · Connecticut Appellate Court · May 27, 2003

, the qualified immunity provided by §§ 19a-20 and 19a-17b and the absolute immunity provided by the common law are concurrent; that is, that “where both an absolute and qualified immunity apply, the absolute immunity trumps … judgment on the basis of qualified immunity.

Fadwa Safar v. Lisa Tingle

859 F.3d 241 · Court of Appeals for the Fourth Circuit · Jun 7, 2017

Determining whether qualified immunity applies therefore presents a two-pronged inquiry: “whether the facts ... make out a violation of a constitutional right” and “whether the right at issue was ‘clearly established’ at … Rather, the “clearly established law must be ‘particularized’ to the facts of the case” so as to avoid transforming qualified immunity into “a rule of virtually unqualified liability.” Id.

Rexford Kipps, Carol Kipps and Kyle Kipps v. James Caillier, Ray Authement, Nelson J. Schexnayder, Jr., and Nelson Stokley

197 F.3d 765 · Court of Appeals for the Fifth Circuit · Dec 6, 1999

Government officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Even if defendants violated Kipps’s clearly established constitutional right, they are still entitled to qualified immunity if their actions were objectively reasonable.

Dixon v. City of Somersworth, et al.

2015 DNH 190 · District Court, D. New Hampshire · Oct 5, 2015

Moreover, it is well established that qualified immunity, when properly invoked, “is an immunity from suit rather than a mere defense to liability.” Penn v. … to qualified immunity.

Buehler v. Dear

27 F.4th 969 · Court of Appeals for the Fifth Circuit · Mar 3, 2022

Since “[t]he extent of an injury is an element of an excessive force claim that must be clearly established in . . . the qualified immunity analysis,”57 we disagree with Buehler that these decisions would have put … long after Buehler’s arrest, the case plays a limited role in a qualified-immunity inquiry, which turns on whether the unlawfulness of a defendant’s conduct was clearly established at the time it occurred.

Monroe Ex Rel. C.B.D. v. McNairy County

520 F. Supp. 2d 917 · District Court, W.D. Tennessee · Nov 6, 2007

When the defense of qualified immunity is raised, the plaintiff bears the burden of establishing that the “contours” of the constitutionally right allegedly violated were sufficiently clear, at the time of the alleged violation … Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)) (Qualified immunity shields police officers from suit if a reasonable officer could have believed the plaintiffs arrest to be lawful, in light of clearly established

Eng v. Coughlin

858 F.2d 889 · Court of Appeals for the Second Circuit · Oct 4, 1988

of law which were “clearly established at the time an action occurred.” … Milligan’s omissions in 1983 did not then constitute a violation of Eng’s “clearly established” rights, and Milligan could properly invoke the defense of qualified immunity from suit. B.

Connell v. Signoracci

153 F.3d 74 · Court of Appeals for the Second Circuit · Aug 21, 1998

O'Connell, 108 F.3d 129 , 131 (7th Cir.1997). 26 A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to "state a claim of violation of clearly established law." … Qualified immunity shields officials "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."

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.

Gordon v. District of Columbia

District of Columbia Court of Appeals · Feb 15, 2024

App. 1998)—are not binding, nor do they muddle the clearly established principles set forth above so as to support the District’s claim of qualified immunity. … proving that the defendant “violated clearly established rights” and is not entitled to qualified immunity.

Spears v. Garcia

263 Conn. 22 · Supreme Court of Connecticut · Apr 1, 2003

When a municipal employee is sued, he or she may assert qualified immunity as a common-law defense. … While a benefit accrues to the municipality when the employee successfully establishes qualified immunity, by permitting the municipality to avoid liability for indemnification, the defense is intended to benefit the employee

Tschida v. Motl

250 F. Supp. 3d 709 · District Court, D. Montana · Apr 18, 2017

The Court may begin the qualified immunity analysis by considering first “whether1 theré is a-violation of-clearly established law . without determining whether a constitutional violation occurred.” … The Court also affirmed the magistrate judge’s ruling that the right was clearly established, and, therefore, qualified immunity was not available to the officials. Id.