Case law

DiStiso ex rel. DiStiso v. Cook

691 F.3d 226 · Court of Appeals for the Second Circuit · Aug 21, 2012

The Qualified Immunity Defense Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … immunity because no such rule of law was clearly established at times relevant to plaintiffs claim.

(PC) Bobadilla v. Knight

District Court, E.D. California · Jul 20, 2020

established law and is entitled to qualified immunity. 3 C. … has established a violation of his First Amendment rights, 20 defendant is entitled to qualified immunity because plaintiff’s alleged free speech rights were not 21 clearly established at the time of the May 21, 2017

Moore v. Hayman

67 Ohio App. 3d 184 · Ohio Court of Appeals · Mar 30, 1990

principle purposes for the adoption of the qualified immunity standard as articulated in Harlow, supra. … Due to the fact that no clearly established constitutionalrightwas violated, therefore shielding the appellees with qualified immunity, appellants' issues two (2), three (3) and four (4) become irrelevant.

Burl W. Everman v. Lesa G. Robinson

Court of Appeals of Kentucky · Dec 6, 2024

As to qualified official immunity, Deputy Everman asserts that the act of parking his police vehicle at the accident scene constituted a discretionary act, which is protected by qualified official immunity. … The issue is whether qualified official immunity applies to bar a negligence claim if one could be established. -10-  ....

James Spann v. George Lombardi

65 F.4th 987 · Court of Appeals for the Eighth Circuit · Apr 24, 2023

A public official is entitled to qualified immunity on a motion for summary judgment unless a plaintiff presents sufficient evidence to show that the official violated a clearly established right of the plaintiff. … The officials argue that they are entitled to qualified immunity on Spann’s due process claim, because Spann had no clearly established liberty interest in avoiding assignment to administrative segregation.

Carman v. City of Eden Prairie

622 F. Supp. 963 · District Court, D. Minnesota · Nov 27, 1985

Qualified immunity is an affirmative defense which shields public officials performing discretionary functions from civil damages if their conduct does “not violate clearly established statutory or constitutional rights of … Fair-view is thus entitled to qualified immunity because its conduct did not violate any of plaintiff’s clearly established statutory or constitutional rights of which a reasonable person would have known.

Bell v. City of Cleveland

548 F. Supp. 2d 444 · District Court, N.D. Ohio · Feb 19, 2008

In other words, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be protected by qualified immunity. … and 2) that the right violated was clearly established.

Smith v. City of Madison

364 F. Supp. 3d 656 · District Court, S.D. Mississippi · Oct 23, 2018

The Mayor is Entitled to 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 … Accordingly, a government official is entitled to qualified immunity unless (1) the plaintiff's evidence is sufficient to show a violation of a constitutional right, and (2) the right at issue was "clearly established" at

Barr v. Abrams

641 F. Supp. 547 · District Court, S.D. New York · Aug 7, 1986

But in any event, all his actions in his official capacity are protected by the qualified (or good faith) immunity which bars a damage action against him unless his conduct “violate[d] clearly established statutory or constitutional … But in any case, my ruling on the question of immunity does not turn on the correctness of Justice Sayah’s ruling. The question is rather whether there was “clearly established” law upholding Barr’s position.

Darlene M. Kesinger v. Thomas Herrington

381 F.3d 1243 · Court of Appeals for the Eleventh Circuit · Aug 26, 2004

Excessive Force & Qualified Immunity The affirmative defense of qualified immunity protects public actors from liability unless their conduct violates “clearly established statutory or constitutional rights of which … He did not violate the Constitution or any clearly established law. He is entitled to qualified immunity. V.

Buchanan v. Ford

638 F. Supp. 168 · District Court, N.D. New York · Jun 19, 1986

If an official establishes “the objective reasonableness of [his] conduct, as measured by reference to clearly established law,” he can have summary judgment. Id. … Plaintiff has not cited a different “clearly established” legal standard by which to evaluate defendant’s conduct.

Mason-Funk v. City of Neenah

296 F. Supp. 3d 1006 · District Court, E.D. Wisconsin · Nov 1, 2017

In order to overcome a defense of qualified immunity, the plaintiff's allegations must describe a deprivation of a constitutional or statutory right and the right must be clearly established at the time of the defendants' … Before engaging the qualified immunity analysis, the Supreme Court remarked: "[I]t is again necessary to reiterate the longstanding principle that 'clearly established law' should not be defined 'at a high level of generality

Prokop v. City of Los Angeles

59 Cal. Rptr. 3d 355 · California Court of Appeal · May 21, 2007

—In Carroll, supra, 60 Cal.App.4th 606 , the court held that a paved bicycle path qualifies as a “trail” under the immunity provisions of section 831.4. … We have already disposed of this argument: Government Code section 815, subdivision (b), clearly provides that the liability of a public entity established by “this part”—which includes the section 815.6 liability for failure

Mason v. Arizona

260 F. Supp. 2d 807 · District Court, D. Arizona · Mar 28, 2003

In Harlow , the Supreme Court established the test for qualified immunity: whether the official violated “clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity seeks to balance these two competing interests by protecting public officials from personal liability as long as they do not violate clearly established federal law.

Wells v. Bonner

45 F.3d 90 · Court of Appeals for the Fifth Circuit · Feb 17, 1995

, they alternatively contend that they are entitled to claim qualified immunity because Wells has failed to show that they violated any clearly established constitutional right. … In this immunity appeal, we must next determine whether Wells's proffered evidence demonstrates the basis for the violation of a clearly established constitutional right. Siegert, 500 U.S.

Howze v. Virginia Polytechnic

901 F. Supp. 1091 · District Court, W.D. Virginia · Jul 12, 1995

Government officials exercising discretionary functions are entitled to qualified immunity if the officer’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would … For qualified immunity purposes, however, the record is sufficient to hold that, even if the speech is ultimately decided to be protected, that right was not clearly established in 1992 and 1993.

Mahoney v. City of Albany

2022 NY Slip Op 07288 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2022

In the federal context, public officials may invoke qualified immunity under 42 USC § 1983 "unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established … Given this framework, we begin with Tierney's claim of qualified immunity.

Frederick A. Siegert, ph.d. v. H. Melvyn Gilley, ph.d.

895 F.2d 797 · Court of Appeals for the D.C. Circuit · Apr 16, 1990

The court concluded that “[Gil-ley’s] qualified immunity defense therefore fails,” id., and that Siegert had established a proper basis for a Bivens claim. Id. at 1419. Defendant then filed this appeal. … Instead, to overcome the qualified immunity that ordinarily attaches to government officials performing discretionary functions, a plaintiff must show that the defendant violated “clearly established statutory or constitutional

Mary Jo. Bradley v. Officer Casey Benton

10 F.4th 1232 · Court of Appeals for the Eleventh Circuit · Aug 26, 2021

“Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time of the challenged action.” Bailey v. … In other words, an officer is entitled to qualified immunity unless he (1) violated a constitutional right, and (2) that constitutional right was clearly established at the time. See Helm, 989 F.3d at 1272.

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.