Case law

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.

Ford v. Baltimore City Sheriff's Office

149 Md. App. 107 · Court of Special Appeals of Maryland · Dec 27, 2002

The standards for establishing a prima facie case of negligence have been clearly established. The Court of Appeals stated in Bobo v. … Clearly, the Court would not have had to instruct the circuit court to make a qualified immunity determination absent a malice finding if no immunity existed for State constitutional torts. See Lee v.

Octavio Delgado v. Police Chief Arthur Jones and Deputy Chief Monica Ray

282 F.3d 511 · Court of Appeals for the Seventh Circuit · May 2, 2002

Moreover, in the context of a qualified immunity defense, “The plaintiff bears the burden of establishing the existence of a clearly established constitutional right.” Donovan, 17 F.3d at 951 -52 (citing Rakovich v. … After establishing that the plaintiff has adequately alleged a violation of a constitutional right, the second level of inquiry in a qualified immunity analysis involves whether the law was “clearly established” at the time

Hubbard v. Board of Education

19 Kan. App. 2d 853 · Court of Appeals of Kansas · Jun 24, 1994

In this case, the defendants argue they were entitled to qualified immunity. … The district court correctly held the Board had not violated a clearly established law and was entitled to qualified immunity for its actions.

Kaufhold v. Bright

835 F. Supp. 294 · District Court, W.D. Virginia · Sep 30, 1993

Qualified immunity protects public officials from liability for money damages when their challenged conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have known … To analyze a claim of qualified immunity, a court should: (1) identify the specific constitutional right implicated; (2) determine that the right was clearly established at the time of the alleged violation; and (3) consider

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.

Zimmerman v. Corbett

195 F. Supp. 3d 695 · District Court, M.D. Pennsylvania · Jul 15, 2016

Qualified immunity is applicable unless the official’s conduct violated- a clearly established constitutional right. Pearson v. … Whether the right at issue is clearly established Having determined that Plaintiff alleged a constitutional violation, the Court turns the second prong of the qualified immunity analysis.

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.

Brandon Peterson v. Cmdr. Roger Heinen

89 F.4th 628 · Court of Appeals for the Eighth Circuit · Dec 26, 2023

To decide whether the district court should have granted qualified immunity, we ask if the facts “demonstrate the deprivation of a constitutional or statutory right” and if “the right was clearly established at the time of … Because the facts, even when viewed in the light most favorable to Peterson, do not support the violation of a clearly established right, we reverse.

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.

Walker v. Davis

649 F.3d 502 · Court of Appeals for the Sixth Circuit · Aug 22, 2011

The district court held that Davis’s actions, so viewed, violated Germany’s clearly established constitutional rights, thereby precluding qualified immunity for Davis. We affirm. … But the facts, as we must view them, make out a violation of Germany’s clearly established constitutional rights. The district court’s denial of qualified immunity is affirmed.

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.

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

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.

Sonnino v. University of Kansas Hospital Authority

221 F.R.D. 661 · District Court, D. Kansas · Jun 22, 2004

Under these circumstances, the Court cannot conclude that its decision to overrule the Individual Hospital Defendants’ assertion of qualified immunity was clearly erroneous or that it resulted in manifest injustice to any … Conclusion With the exception of the Court’s ruling on whether the Hospital Defendants’ qualified immunity objections were substantially justified, the Hospital Defendants fail to show how the Court’s rulings were clearly

Maraziti v. First Interstate Bank

953 F.2d 520 · Court of Appeals for the Ninth Circuit · Jan 3, 1992

II A federal official’s assertion of qualified immunity based upon the plaintiff’s failure to state a “violation of clearly established law” is a question of law. Mitchell v. … It is true that “[s]pecific binding precedent is not required to show that a right is clearly established for qualified immunity purposes.” Brady v.

SCHROEDER v. DeKALB COUNTY Et Al.

341 Ga. App. 748 · Court of Appeals of Georgia · Jun 14, 2017

Qualified immunity protects officials performing discretionary functions from individual claims brought pursuant to 42 USC § 1983, if their conduct does not violate clearly established statutory or constitutional … were clearly established at the time the action was taken.

Mark Robbins v. Randy Becker, Sr.

715 F.3d 691 · Court of Appeals for the Eighth Circuit · May 22, 2013

qualified immunity. … established”); Katosang v.

Gall v. City of Vidor, Tex.

903 F. Supp. 1062 · District Court, E.D. Texas · Oct 2, 1995

Qualified immunity allows public officials performing discretionary functions to be generally shielded from liability for civil damages as long as their conduct does not violate “clearly established rights of which a reasonable … Luce’s actions, this court finds that a clearly established exception to the general rule against warrantless searches and seizures exists and Mr. Luce is entitled to qualified immunity as a matter of law.

Foley v. University of Houston System

355 F.3d 333 · Court of Appeals for the Fifth Circuit · Mar 6, 2003

Blake, 913 F.2d 226, 228 (5th Cir. 1990). 6 entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … However, the test for qualified immunity is whether the Appellees have asserted the deprivation of a statutory right under clearly established law.