Case law

Chappell v. City of Cleveland

585 F.3d 901 · Court of Appeals for the Sixth Circuit · Nov 4, 2009

Plaintiff Chappell correctly points out that the district court’s denial of qualified immunity is not based on a pure question of law, but on two clearly identified factual issues. … Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Wendell Domina, Blaise Riggs, Linden Snyder, Van Harpold, and Jerry Soule v. George Van Pelt, Individually Klayton Johnson, Individually Dale Shaul, Individually and Charles Person, Individually

235 F.3d 1091 · Court of Appeals for the Eighth Circuit · Dec 26, 2000

facts show a violation of clearly established law. … IV. 17 The commissioners would nonetheless be protected by qualified immunity if in early 1998 (the time of their alleged misconduct) it was not clearly established that the speech in which Mr.

Jimenez v. County of Los Angeles

29 Cal. Rptr. 3d 553 · California Court of Appeal · Jun 2, 2005

were entitled to qualified immunity. … Government employees generally are shielded by qualified immunity “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

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.

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.

Carl v. Angelone

883 F. Supp. 1433 · District Court, D. Nevada · Apr 19, 1995

Angelone’s instant motion for summary judgment argues that he is entitled to qualified immunity because the bfoq exception to Title VII, 42 U.S.C. § 2000e-2(e)(l), is not clearly established. … Qualified immunity, a hybrid species of affirmative defense and immunity, places the initial burden on the plaintiff to prove that the right allegedly violated was clearly established. 3.

Dorwart v. Caraway

290 Mont. 196 · Montana Supreme Court · Aug 4, 1998

In other words, the plaintiffs have to prove a negative in order to establish that they had a right which the majority initially concedes is clearly established. ¶ 148 I also dissent from the majority’s conclusion that Brophy … The majority’s decision to affirm the dismissal of Brophy and Stillwater County is based on the same unsound conclusion on which its qualified immunity decision is based — i.e., that Dorwart had no clearly established right

Christopher Jones v. Howard Skolnik

671 F. App'x 560 · Court of Appeals for the Ninth Circuit · Dec 16, 2016

a claim of violation of clearly established law"). 2. … When we address the issue of qualified immunity at the pleading stage, we ask whether the complaint "allege[s] facts sufficient to support [a] claim[] that [the defendant’s] conduct violated [the plaintiff’s] clearly established

Earl v. Gusman

228 So. 3d 268 · Louisiana Court of Appeal · Sep 27, 2017

Further, the court found that Earl |.Jailed to establish that Sheriff Gusman was not entitled to the application of the doctrines of qualified immunity or force majeure. This appeal follows. … Earl also argues that the trial court erred in applying the doctrine of qualified immunity. Louisiana Revised Statute 9:2798.1, provides in part; B.

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.

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.

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

Drolett v. DeMarco

382 F. App'x 7 · Court of Appeals for the Second Circuit · Jun 16, 2010

by qualified immunity.” … Here, we move immediately to the second step of the qualified immunity analysis. We therefore consider whether plaintiff’s rights were “clearly established” at the time defendants disciplined Drolett. In Garcetti v.

Ungerer v. Moody

17 Brief Times Rptr. 160 · Colorado Court of Appeals · Jan 28, 1993

More concretely, whether a police officer is protected from suit by qualified immunity turns on an objective standard of reasonableness, assessed in light of the legal rules that were “clearly established” at the time the … Unless the plaintiff’s allegations state a claim of violating clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Mitchell v.

Serra v. United States General Services Administration

664 F. Supp. 798 · District Court, S.D. New York · Jul 14, 1987

The standard is an objective one: “whether an official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of [his] conduct as measured by reference to clearly established law.’ … Thus, for Diamond and Ink to be stripped of their qualified immunity from suit, it must have been clearly established at the time they acted that Serra possessed a cognizable constitutional liberty or property interest in

Dwight L. McKee Allen L. Jones v. Henry Hart Wesley Rish Albert Masland James Sheehan Daniel P. Sattelle, Daniel P. Sattele

436 F.3d 165 · Court of Appeals for the Third Circuit · Jan 6, 2006

is entitled to qualified immunity. … right was clearly established at the time of Sattele’s alleged conduct.

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.

Tompkins v. Vickers

26 F.3d 603 · Court of Appeals for the Fifth Circuit · Jul 25, 1994

Even if the plaintiff's actions are constitutionally protected, public officials are nonetheless entitled to qualified immunity unless the constitutional right asserted was clearly established at the time … Under Harlow, therefore, the focus of an inquiry into a defendant's qualified immunity is ordinarily the "objective reasonableness" of the official's discretionary conduct as measured by reference to clearly established

Williams v. City of Yazoo

41 F.4th 416 · Court of Appeals for the Fifth Circuit · Jul 15, 2022

III Qualified immunity protects officials from civil liability for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Ct. 9, 11 (2021), but we have seen cases like this before. 6 The district court denied the defendants qualified immunity but did not address whether the law was clearly established.

Pritchett v. Lanier

766 F. Supp. 442 · District Court, D. South Carolina · May 31, 1991

The defense of qualified immunity generally protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or … The qualified immunity test necessitates three discrete determinations: the identification of the specific right allegedly violated, the determination of whether that right was so “clearly established” as to alert a reasonable