Case law

Picariello v. Commonwealth

54 Pa. Commw. 252 · Commonwealth Court of Pennsylvania · Oct 15, 1980

However, plaintiff’s complaint clearly contradicts that claim, by alleging that the Secretary acted as a Commonwealth agent. 6 The guidelines established in DuBree v. … Defendant shall file an answer, possibly with new matter addressing the issue of qualified official immunity, if desired.

Ruttenberg v. Jones

464 F. Supp. 2d 536 · District Court, E.D. Virginia · Dec 13, 2006

Thus, a defendant’s entitlement to qualified immunity must be resolved “at the earliest possible stage in litigation.” Id. The Supreme Court has established a two-part qualified immunity inquiry. … Meeker, 415 F.3d at 320 ("Only if a plaintiff alleges the violation of a clearly established constitutional right does his complaint survive a motion to dismiss on qualified immunity grounds.”).

Sheryl J. Howard v. Jan Dickerson, and Charles Milton, Keith Purdue

34 F.3d 978 · Court of Appeals for the Tenth Circuit · Sep 7, 1994

The Martin court upheld the denial of qualified immunity because Garcia clearly established pretrial detainees share the same protection from deliberate indifference to serious medical needs as convicted inmates. … When a defendant raises the issue of qualified immunity on a summary judgment motion, the plaintiff must demonstrate the alleged conduct constituted a violation of law and the law was clearly established at the time of the

Baptiste v. MacDonald, et al.

2017 DNH 140 · District Court, D. New Hampshire · Jul 17, 2017

Baptiste’s Objection Based on the facts alleged in the complaint and the defendants’ motion to dismiss, the court concluded that the defendants were entitled to qualified immunity because there was no case that established … More importantly, in the context of qualified immunity from liability for an alleged constitutional violation, corrections officers are protected unless they violated an inmate’s clearly established 2 Baptiste mistakenly

Suboh v. District Attorney's Office

298 F.3d 81 · Court of Appeals for the First Circuit · Aug 1, 2002

The district court then concluded that Murphy was not protected by qualified immunity because Suboh's claim "lies at the core" of a clearly established right to familial integrity, id. at 140, and that, as the case was … not clearly established at the time.

Sudler v. City of New York

689 F.3d 159 · Court of Appeals for the Second Circuit · Aug 7, 2012

Qualified Immunity 4 Qualified immunity protects government officials from liability where the 5 officials’ conduct was not in violation of a “clearly established” constitutional right. 6 See, e.g., Doninger … it is “‘clearly established’ in the qualified immunity context, which governs the conduct 18 of government officials who are likely neither lawyers nor legal scholars.” 616 F.3d 19 100, 106 (2d Cir. 2010).

Walker v. White

Court of Appeals for the Tenth Circuit · Oct 27, 2015

The district court dismissed on the ground that the State Defendants were entitled to qualified immunity. See Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (“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

Hansen v. Town of Smithtown

342 F. Supp. 3d 275 · District Court, E.D. New York · Oct 24, 2018

City of New York , 45 F.3d 653 , 663 (2d Cir. 1995) (noting that under qualified immunity, "a government official may claim immunity from suit only when in light of clearly established law and the information the official … The Supreme Court has explained that "officers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established

Bates v. Harvey

518 F.3d 1233 · Court of Appeals for the Eleventh Circuit · Mar 4, 2008

immunity from this claim because the law was clearly established that he could not enter Mrs. … . . can clearly establish the law.”

Crow v. Montgomery

403 F.3d 598 · Court of Appeals for the Eighth Circuit · Apr 12, 2005

Pomeroy, 387 F.3d 949 , 954 (8th Cir.2004). 5 Qualified immunity shields government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … in qualified immunity cases is limited.

McGowan v. United States

825 F.3d 118 · Court of Appeals for the Second Circuit · Jun 7, 2016

The issue of qualified immunity was presented in the district court, has been fully briefed on appeal, and turns on *124 the purely legal question of whether McGowan alleged a violation of a clearly established right. … Thus, in light of the absence of authority clearly establishing the claimed right, we are constrained to hold that Rivers is entitled to qualified immunity from McGowan’s Bivens claim.

Douglas v. Condon

419 F.3d 1097 · Court of Appeals for the Tenth Circuit · Aug 16, 2005

The district court found that no clearly established Fourth Amendment right had been violated by ADA Dobbs in the search of Douglas’s prescription records and that qualified immunity applied. … Under the doctrine of qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Rioux v. City of Atlanta, Ga.

520 F.3d 1269 · Court of Appeals for the Eleventh Circuit · Mar 18, 2008

However, the “clearly established” prong of the qualified immunity analysis asks the question “in light of the specific context of the case, not as a broad general proposition.” … Because pre-existing law did not provide fair warning to Appellees that demoting Rioux under these circumstances would violate clearly established federal law, Ap-pellees are entitled to qualified immunity. III.

Francine Solomon v. Auburn Hills Police Department, a Municipal Corporation, Officer David Miller

389 F.3d 167 · Court of Appeals for the Sixth Circuit · Nov 10, 2004

Kiefer, 310 F.3d 937, 944 (6th Cir.2002) (recognizing that “right to be free from ‘excessively forceful handcuffing’ is a clearly established right for qualified immunity purposes”); Turek v. … Constitutional Right Clearly Established Once a potential violation of a plaintiffs constitutional right has been established, we next decide whether that right was clearly established.

Arthur Mitchell v. City of Naples

895 F.3d 365 · Court of Appeals for the Fifth Circuit · Jul 10, 2018

“Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law.” … Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or 4  Case: 17-40737 Document: 00514548130

Garrett Brock Trapnell v. George Ralston J.A. O'Brien Joseph Petrowkey and A.W. Bayles

819 F.2d 182 · Court of Appeals for the Eighth Circuit · May 18, 1987

On the other hand, if a defendant’s conduct 1 violated clearly established constitutional or statutory rights of which a reasonable person would have known, the defendant is not shielded by qualified immunity. … Accordingly, appellants are shielded by qualified immunity from the burden of defending appellee’s procedural due process claim.

Skrtich v. Thornton

267 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Oct 2, 2001

Qualified immunity protects government officials acting within their discretionary functions from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) ("'clearly established’ ” for purposes of qualified immunity does not mean that " 'an official action is protected by qualified immunity unless the very action

Connelly v. Texas Department of Criminal Justice

484 F.3d 343 · Court of Appeals for the Fifth Circuit · Apr 10, 2007

in light of the clearly established law at the time of the incident. … Conversely, Connelly, in her response to Fant’s motion, pointed to law and facts tending to establish her claim that Fant’s decision to terminate her was objectively unreasonable in light of clearly established law, carrying

Dickerson v. Mertz

547 N.W.2d 208 · Supreme Court of Iowa · Apr 17, 1996

agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known....” … Creighton, 483 U.S. 635, 640-41 , 107 S.Ct. 3034, 3039-40 , 97 L.Ed.2d 523, 531-32 (1987) (concluding federal bureau of investigation agent is entitled to qualified immunity from money damages lawsuit if he can establish

Rodriguez Vazquez v. Lopez-Martinez

253 F. Supp. 2d 164 · District Court, D. Puerto Rico · Feb 21, 2003

The Defendants raised the issue of their qualified immunity in the Answer to the Complaint (affirmative defense). 2. The Defendants had the burden to prove their affirmative defense of qualified immunity. 3. … The law on politically motivated terminations is clearly established. 6.