Case law

Maropulos v. County of Los Angeles

560 F.3d 974 · Court of Appeals for the Ninth Circuit · Mar 24, 2009

established due process right. … established right.

Dunlap v. Hilgenkamp

82 F. Supp. 2d 1052 · District Court, D. Nebraska · Jan 25, 2000

. § 1983 for their performance of discretionary functions are entitled to a qualified immunity defense if they prove that their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is a question of law.

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.

Farrell Ex Rel. Farrell v. Transylvania County Board of Education

175 N.C. App. 689 · Court of Appeals of North Carolina · Feb 7, 2006

“Qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Assuming arguendo that plaintiffs properly pled its claim for relief pursuant to 42 U.S.C. § 1983 , plaintiffs’ allegations, nonetheless, fail to establish any conduct by Haehnel that violated clearly established statutory

Francis v. Coughlin

849 F.2d 778 · Court of Appeals for the Second Circuit · Jun 20, 1988

Defendants’ memorandum of law devoted nine pages to the defense of qualified immunity, arguing that the rights which plaintiff claims were violated were not clearly established in the years 1982-83. … In its only reference to qualified immunity, the court noted in a footnote that a prisoner’s right to have notice of and to comment on charges against him was clearly established prior to 1982, such that qualified immunity

Fisher v. Dallas County

299 F.R.D. 527 · District Court, N.D. Texas · Apr 18, 2014

“Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v. … See Morin, 77 F.3d at 120 (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”); Schultea, 47 F.3d at

Mich. Interlock, LLC v. Alcohol Detection Sys., LLC

360 F. Supp. 3d 671 · District Court, E.D. Michigan · Dec 27, 2018

Qualified immunity "shield[s]" public officials from money-damages liability if 'their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … In other words, Secretary Johnson is entitled to qualified immunity in her personal capacity because, at the time of the Order, it was not clearly established that she might violate Plaintiffs' constitutional rights.

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.

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

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.

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.

Martel v. TOWN OF SOUTH WINDSOR

562 F. Supp. 2d 353 · District Court, D. Connecticut · Jun 12, 2008

Qualified Immunity Determination Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Thus, a qualified immunity defense is established where “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Derrick Williams v. Michael O'leary, Clyde E. Nash, Leroy Banks

55 F.3d 320 · Court of Appeals for the Seventh Circuit · May 25, 1995

Williams challenges both the district court’s implicit finding that Brewer and Kurian were public officials entitled to raise the qualified immunity defense and its explicit conclusion that it was not clearly established … The instant case clearly falls within the class of cases in which qualified immunity may be raised by a private defendant.

Meredith Coleman v. Nyal Frantz, Sheriff of Wells County, Indiana

754 F.2d 719 · Court of Appeals for the Seventh Circuit · Jan 30, 1985

Since Frantz did not violate any then clearly established constitutional right of which a reasonable person would have known, he was justified in asserting the qualified immunity defense. … Thiboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d, 555 ), and that the qualified immunity is unavailable to defendants where the statutory right in such cases is clearly established.

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.

Jared Clinton v. Ryan Garrett

49 F.4th 1132 · Court of Appeals for the Eighth Circuit · Sep 21, 2022

It does not require us to determine whether the defendants violated a “clearly established right” and, as it imposes a higher standard of care, it affords less protection than does qualified immunity. See Baldwin v. … We must still determine whether that right was clearly established.

Amity Dimock v. City of Brooklyn Center

124 F.4th 544 · Court of Appeals for the Eighth Circuit · Dec 26, 2024

The right was not “clearly established.” Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ warrantless entry. IV. … The right was not “clearly established.” Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ use of deadly force.

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.

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.