Case law

Varrone v. Bilotti

123 F.3d 75 · Court of Appeals for the Second Circuit · Aug 18, 1997

It held that, for purposes of qualified immunity, it was clearly established at the time that strip searches of prison visitors could be made only when based upon reasonable suspicion. Varrone v. … The law was "clearly established" if the circuit's decisions "clearly foreshadow" a particular ruling on the issue. Id. Decisions of other circuits also may indicate whether the law was clearly established. See Weber v.

Mascorro v. Billings

656 F.3d 1198 · Court of Appeals for the Tenth Circuit · Aug 31, 2011

An appeal is proper if the defendant sets off to show that the law was not clearly established at the time of the challenged action, or that qualified immunity is proper even under the plaintiff's version … To defeat the officers’ claim of qualified immunity, the Mascorros must show (1) the officers violated their constitutional or statutory rights, and (2) the violated rights were clearly established at the time of the events

Smithson v. Aldrich

235 F.3d 1058 · Court of Appeals for the Eighth Circuit · Dec 21, 2000

Qualified Immunity A motion for summary judgment on qualified immunity grounds is only precluded when the plaintiff has “(1) asserted] a violation of a constitutional right; (2) demonstrate^] that the alleged right is clearly … Stated another way, qualified immunity shields a defendant from suit if he or she could have reasonably believed his or her conduct to be lawful “in light of clearly established law and the information [that the defendant

Wilkinson v. Balsam

885 F. Supp. 651 · District Court, D. Vermont · Apr 17, 1995

Thus, as under federal qualified immunity, [g]ood faith exists where an official’s acts did not violate clearly established rights of which the official reasonably should have known. … For purposes of state law qualified immunity, however, the “clearly established rights” need not be federal constitutional or statutory rights, as required in the application of the federal qualified immunity defense; to

Shields v. Shetler

682 F. Supp. 1172 · District Court, D. Colorado · Mar 29, 1988

Under the doctrine of qualified immunity “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … When the affirmative defense of qualified immunity is raised, the plaintiff has the burden of convincing the court that his constitutional or statutory rights were clearly established at the time of the questioned conduct

Fauser v. Memphis Housing Authority

780 F. Supp. 1168 · District Court, W.D. Tennessee · Sep 17, 1991

Once the issue of qualified immunity is raised, plaintiff must identify the clearly established law and present facts which, if true, demonstrate that the defendants’ conduct violated clearly established law. … on the basis of defendant’s qualified immunity is whether the defendant “violated” those clearly established rights.

Ethel Jones v. Gary Collins, Superintendent of Texarkana Independent School District

132 F.3d 1048 · Court of Appeals for the Fifth Circuit · Feb 12, 1998

First, if the official’s conduct did not violate a clearly established constitutional'right, the official is entitled to qualified immunity. See Nerren v. Livingston Police Dep't, 86 F.3d 469, 473 (5th Cir.1996). … Second, even if the official’s conduct violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.

Furtado v. Yun Chung Law

51 So. 3d 1269 · District Court of Appeal of Florida · Feb 2, 2011

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional right … Just as Justice Kennedy discussed qualified immunity with regard to section 1983 claims in Saucier, qualified immunity in a state claim is also an issue the trial court should address as soon as possible because the trial

Ozga v. Elliot

150 F. Supp. 3d 178 · District Court, D. Connecticut · Dec 21, 2015

That is because a police officer is entitled to qualified immunity if “(1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was objectively … Ozga had no clearly established right not to be temporarily detained as he was in the police car, and it follows that none of the defendants acted objectively unreasonably.

Estate of Sorrells v. City of Dallas

192 F.R.D. 203 · District Court, N.D. Texas · Feb 25, 2000

Government officials are entitled to qualified immunity if their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Mitchell, 105 S.Ct. at 2815 (“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Jones v. McNeese

883 F. Supp. 2d 897 · District Court, D. Nebraska · Jul 5, 2012

Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. … Qualified Immunity In resolving Dr. McNeese’s claim of qualified immunity, this court is required to essentially adopt the plaintiffs’ version of the facts, and then to resolve the abstract issue of law.

Saffell v. Crews

183 F.3d 655 · Court of Appeals for the Seventh Circuit · Jul 6, 1999

That clearly established right must be one established in a particularized sense. This requires more than a general violation of the Fourth Amendment. … In the present case, Crews is entitled to qualified immunity if a reasonable officer could have rationally believed that the strip search was not unlawful in light of clearly established law and the information she possessed

Gregory W. Zullo v. State of Vermont

205 A.3d 466 · Supreme Court of Vermont · Jan 4, 2019

in that it violated clearly established constitutional rights of which reasonable person would have been aware) … Briggs, 475 U.S. 335, 341 (1986) (noting that qualified immunity’s clearly-established-right test protects “all but the plainly incompetent or those who knowingly violate the law”).

Struck v. Hackett

668 A.2d 411 · Supreme Judicial Court of Maine · Nov 27, 1995

“Under the qualified immunity doctrine, government officials performing discretionary functions are immune from suit in actions brought pursuant to § 1983 ‘insofar as their conduct does not violate clearly established constitutional … The application of the qualified immunity doctrine turns on the “objective legal reasonableness of the official’s action viewed in light of the ‘clearly established’ ” legal rules at the time the action was taken.

Napier v. Town of Windham

187 F.3d 177 · Court of Appeals for the First Circuit · Aug 6, 1999

There are two prongs to the qualified immunity analysis. The first prong is whether the constitutional right in question was clearly established at the time of the alleged violation. See Swain v. … Finding that no such duty was clearly established at the time of the incident, we held that the officers were entitled to qualified immunity. See id. at 28.

Dull v. West Manchester Township Police Department

604 F. Supp. 2d 739 · District Court, M.D. Pennsylvania · Mar 31, 2009

Haines, and Bixler are entitled to qualified immunity. … To determine whether a police officer enjoys qualified immunity, the court must ascertain whether the officer violated “clearly established statutory or constitu *752 tional rights of which a reasonable person would have

Brinson v. McKeeman

992 F. Supp. 897 · District Court, W.D. Texas · Dec 31, 1997

on the lawfulness of the defendant’s actions, the defendant is entitled to qualified immunity 47 Whether the conduct of which the plaintiff complains violated clearly established law is essentially a legal question. 48 In … a Section 1983 lawsuit, the relevant inquiry is whether the legal right which the plaintiff asserts was violated was clearly established under federal law. 49 Whether an official protected by qualified immunity may be held

Rasche v. Berman

491 S.W.3d 182 · Court of Appeals of Kentucky · May 20, 2016

The court held that the Appel-lees were immune from Rasche’s claim that they negligently failed to cancel school, reasoning that the decision whether to close Jefferson County Public Schools is clearly an act involving the … Qualified official immunity is an affirmative defense that must be specifically pled. Gomez v.

Shaylene Montoya v. City of Flandreau

669 F.3d 867 · Court of Appeals for the Eighth Circuit · Feb 23, 2012

“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … We further conclude the constitutional right Officer Hooper allegedly violated was clearly established at the time of the misconduct, as required by the second prong of the qualified immunity analysis.

Doe v. Beard

63 F. Supp. 3d 1159 · District Court, C.D. California · Nov 18, 2014

In the alternative, if there was a constitutional violation, Defendants argue that they are entitled to qualified immunity from suit because the right was not clearly established. (Id. at 14.) 1. … Qualified Immunity Defendants assert qualified immunity as a defense.