Case law

Brazos Transit District v. Lozano

72 S.W.3d 442 · Texas Court of Appeals, 9th District (Beaumont) · Mar 28, 2002

if the employee is protected by qualified immunity, then so is the governmental entity; and “[t]o that extent, a claim of sovereign immunity may be ‘based on’ an individual’s assertion of qualified immunity and therefore … This cannot fairly be characterized as an assertion of qualified. immunity. Brazos’ attempt to appeal fails under section (5).

Rudley v. Little Rock Police Dep't

935 F.3d 651 · Court of Appeals for the Eighth Circuit · Sep 3, 2019

The officers are entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to Rudley, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established … We reversed the denial of qualified immunity, concluding that no precedent clearly established that Ernst’s takedown was unreasonable at the time of the incident.

Sanchez v. Canales

574 F.3d 1169 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

It then considered whether the Officers could “conduct the probation search without suspicion of wrongdoing,” granting immunity because it had not been clearly established “what level of suspicion, if any, was required prior … established one way or another — denied qualified immunity on the detention claim.

Kinzer v. Jackson

316 F.3d 139 · Court of Appeals for the Second Circuit · Jan 9, 2003

The court therefore refused to accord Harris qualified immunity. … Qualified immunity shields a government employee acting in his official capacity from suit for damages under 42 U.S.C. § 1983 , unless the employee’s conduct violated clearly established rights of which an objectively reasonable

Gudger v. District of Columbia

District Court, District of Columbia · Dec 16, 2015

ANALYSIS Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory … Gudger’s residence violated clearly established law.

Farmer, Dee v. Moritsugu, Kenneth

163 F.3d 610 · Court of Appeals for the D.C. Circuit · Dec 18, 1998

Analysis A.Qualified Immunity Principles It is well-established that qualified immunity shields gov- ernment officials from liability for civil damages "insofar as their conduct does not violate clearly established … Moritsugu is protected by qualified immunity unless Farm- er's allegations could sustain a finding that his conduct violat- ed clearly established law. See Harlow, 457 U.S. at 818.

McCoy v. Webster

47 F.3d 404 · Court of Appeals for the Eleventh Circuit · Mar 14, 1995

Qualified immunity shields government officials performing discretionary duties from civil trial and liability if their conduct violates no "clearly established statutory or 3 This action was filed … Because the law was not clearly established that Brown's conduct, based on the information he possessed, violated McCoy's Eighth Amendment right, Brown is entitled to qualified immunity. 4 Under some circumstances

Avery v. Davis

700 F. App'x 949 · Court of Appeals for the Eleventh Circuit · Jul 6, 2017

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … But “broad general proposition[s]” like that one are not enough to clearly establish the law; instead, the “question is whether the violative nature of particular *953 conduct [was] clearly established.” Mullenix v.

Rodriguez v. Panarello

119 F. Supp. 3d 331 · District Court, E.D. Pennsylvania · Aug 10, 2015

clearly established. … Moreover, to defeat a qualified immunity defense, the right allegedly violated must have been clearly established at the time of the violation.

Strathie v. Department of Transportation of Pennsylvania

547 F. Supp. 1367 · District Court, E.D. Pennsylvania · Oct 1, 1982

Thus, under Wood , the immunity defense would be unavailable to defendants if the constitutional rights allegedly infringed by them were clearly established at the time of the challenged conduct, if they knew or should have … that their actions would violate clearly established constitutional rights.

MCCLOUD v. VANSHOYCK

District Court, S.D. Indiana · Jan 19, 2024

Defendants Holt, Donovan, Barlow, Hall, and Nicholson all argue that they are entitled to qualified immunity because there is not a clearly established right to an additional decontamination shower beyond … "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v.

Pierson v. Gondles

693 F. Supp. 408 · District Court, E.D. Virginia · Aug 11, 1988

Defendants raise the defense of qualified immunity on the grounds that it was not clearly established that the personnel actions taken by the Sheriff would violate the deputies’ constitutional rights. … For the purposes of qualified immunity, it would not have been "clearly established” that the plaintiffs would be entitled to any procedural protections.

O'Connor v. Chicago Transit Authority

778 F. Supp. 967 · District Court, N.D. Illinois · Nov 13, 1991

Qualified Immunity on the First Amendment Claim Defendants claim that they are entitled to qualified immunity on the first amendment claim. Under Harlow v. … clearly established).

J. D. Pflaumer, Inc. v. United States Department of Justice

450 F. Supp. 1125 · District Court, E.D. Pennsylvania · May 18, 1978

at most, only the qualified immunity enjoyed by police officers. … Defendant Manno, based on the allegations of this case, is entitled to only a qualified immunity defense, requiring him to establish that his alleged action in directing the seizure of the plaintiffs’ records was done in

Crump v. Passaic County

147 F. Supp. 3d 249 · District Court, D. New Jersey · Dec 2, 2015

(2) that the right was ‘clearly established’ at the time of the challenged conduct.” … Courts have been instructed “not to define clearly established law at 'a high level of generality.” Id. There is no clearly established law that the alleged conduct here violated the Fourth Amendment.

Linda L. Harrell, Individually, as Personal Representative, and as Surviving Spouse of Larry Gene Harrell, Deceased v. Decatur County, Ga.

22 F.3d 1570 · Court of Appeals for the Eleventh Circuit · Jun 22, 1994

Thus, if the law was clearly established, the qualified immunity privilege “ordinarily should fail, because a reasonably competent public official should know the law governing his conduct.” … Deputy Morris The focus of our inquiry into deputy Morris’s assertion of qualified immunity is whether his actions violated clearly established law. Rich, 841 F.2d at 1564 .

Wayne Scott and Gary Johnson v. Charles Godwin

Texas Court of Appeals, 13th District · Aug 31, 2004

In conducting a qualified immunity analysis, the reviewing court first determines whether the plaintiff has alleged a violation of a clearly established constitutional right. See Siegert v. … “‘Clearly established’ for purposes of qualified immunity means that [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

Hayes v. Mercer County

217 N.J. Super. 614 · New Jersey Superior Court Appellate Division · May 21, 1987

In our discussion of the federal qualified immunity, we stated why the investigator acted in good faith here. … Plaintiffs' remaining points are clearly without merit. R. 2:11-3(e)(1)(E). Affirmed.

Brown v. Thompson

868 F. Supp. 326 · District Court, S.D. Georgia · Oct 17, 1994

established for purposes of qualified immunity: The clearly established law is that set forth in the discussion above. … This clearly establishes that the Magistrate did not adequately address the second prong of the qualified immunity inquiry. Brown’s deliberate indifference claim rests on three points.

Nunez Gonzalez v. Vazquez Garced

389 F. Supp. 2d 214 · District Court, D. Puerto Rico · Sep 8, 2005

Qualified Immunity Defendants further argue that the doctrine of qualified immunity bars all monetary claims against them. … The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person