Case law

Parker v. St. Lawrence County Public Health Department

102 A.D.3d 140 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2012

In response, then Governor Paterson issued an executive order declaring a disaster emergency with respect to the influenza outbreak, which authorized state and local health departments to establish immunization programs in … We are unpersuaded by plaintiffs assertion that immunity pursuant to the PREP Act does not extend to qualified persons who administer a covered countermeasure to an individual without consent.

Richard Fields v. City of Philadelphia

862 F.3d 353 · Court of Appeals for the Third Circuit · Jul 7, 2017

Katz, the Supreme Court held that courts must determine whether a constitutional right existed before deciding if it had been “clearly established” such that defendants would not be entitled to qualified immunity. 533 U.S … Government actors are entitled to qualified immunity unless they violated a constitutional right “so clearly established *361 that ‘every reasonable official would have understood that what he is doing violates that right

STATE EX REL. W. VA. DHHR v. Kaufman

506 S.E.2d 93 · West Virginia Supreme Court · Jul 10, 1998

from suit based upon (1) statutory immunity; (2) quasi-judicial immunity; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty … ; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty doctrine.

Estate of Hammers v. Douglas Cnty.

303 F. Supp. 3d 1134 · District Court, D. Kansas · Mar 28, 2018

Defendants argue Undersheriff Massey is entitled to qualified immunity, because the law was not clearly established that any of his actions violated the constitution. … While it is indeed clearly established that correctional facilities must provide adequate medical care to its inmates, it is not "clearly established"-for purposes of qualified immunity-that Undersheriff Massey's policies

Bonenberger v. St. Louis Metropolitan Police Department

956 F. Supp. 2d 1059 · District Court, E.D. Missouri · Jul 8, 2013

Qualified immunity protects a government official from liability “unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known.” … second part of the qualified immunity analysis.

Aiken v. Nixon

236 F. Supp. 2d 211 · District Court, N.D. New York · Sep 30, 2002

Qualified Immunity — General Qualified immunity is available only to defendants in their individual capacities and only on that much of the claims seeking monetary damages. Lewis v. … The Court concludes that he is entitled to qualified immunity on this claim.

Kenneth Hill v. Richard Trinci, Dominto Carrillo, Jackie Dent, Warner Lumpkins, Lee Williams, and Kandice Woodard

Texas Court of Appeals, 14th District (Houston) · Jul 24, 2012

Government officials performing discretionary functions have qualified immunity from a suit for damages under section 1983 so long as the official’s conduct does not violate clearly established constitutional or statutory … The plaintiff must show: (1) the official’s conduct violated a federally guaranteed right; (2) the right was clearly established; and (3) the official’s conduct was objectively unreasonable in light of the clearly established

Morales v. City of New York

59 F. Supp. 3d 573 · District Court, S.D. New York · Oct 6, 2014

Qualified immunity shields government officials from civil suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Applying those standards here, there is no question that Defendants are entitled to qualified immunity.

Scott v. City of Columbus, Unpublished Decision (3-30-2001)

Ohio Court of Appeals · Mar 30, 2001

of clearly established law and the information that he possessed. … defendant's conduct did indeed violate clearly established rights).

Mafuz Blanco v. Tirado Delgado

641 F. Supp. 1287 · District Court, D. Puerto Rico · Aug 8, 1986

As applied, this objective qualified immunity test requires a two part analysis: 1) whether the officer’s conduct violated a constitutional right “clearly established” at the time of the violation, and 2) whether the government … Defendant concedes that the law prohibiting patronage dismissals was clearly established at the time of plaintiff’s removal.

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

Herbert L. Board v. Karl Farnham, Jr.

394 F.3d 469 · Court of Appeals for the Seventh Circuit · Jan 5, 2005

The Boards also claim that the constitutional right to oral hygiene supplies was clearly established at the time of the alleged violations, which would preclude a holding that the defendants are entitled to qualified immunity … to qualified immunity on this claim.

Jayne Swinford v. Joshua Santos

121 F.4th 179 · Court of Appeals for the Eleventh Circuit · Nov 4, 2024

We now assess whether this video footage established that the officers were entitled to qualified immunity. 10 10 Mrs. … immunity, and we end our qualified immunity analysis.

Amaechi v. West

87 F. Supp. 2d 556 · District Court, E.D. Virginia · Feb 28, 2000

Amaechi — no matter how rapidly performed — would violate her clearly established rights. It follows that Officer West is not entitled to a defense of qualified immunity. … infringed was "clearly established.”

Robert J. Pelletier v. Federal Home Loan Bank of San Francisco, and John W. Behrens

968 F.2d 865 · Court of Appeals for the Ninth Circuit · Jun 29, 1992

in creating the qualified immunity doctrine. … On review of a denial of qualified immunity, “[w]e have jurisdiction only to decide if defendant’s conduct violated ... clearly established constitutional rights.” Todd v.

Lee v. Sandberg

136 F.3d 94 · Court of Appeals for the Second Circuit · Dec 19, 1997

Even if a clearly established statutory or constitutional right is violated, qualified immunity is nonetheless a defense if the officers' unlawful actions were objectively reasonable "as measured by reference to clearly established … Therefore, the State Troopers are not entitled to summary judgment under the "clearly established right" prong of the qualified immunity standard. 32 The State Troopers are nevertheless entitled to summary judgment on qualified

Salvatore Palma, Jr. v. Matthew Johns

27 F.4th 419 · Court of Appeals for the Sixth Circuit · Feb 28, 2022

Clearly Established Having found that there were constitutional violations, we turn to the second prong of the qualified immunity inquiry—whether that constitutional right was clearly established.6 As a starting … Officer Johns’s assertion of qualified immunity obligated the Palmas to explain why Officer Johns’s conduct— either the tasing or the shooting—violated clearly established law. See Jacobs v.

Pucci v. Nineteenth District Court

628 F.3d 752 · Court of Appeals for the Sixth Circuit · Dec 16, 2010

“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 a reasonable person … If a constitutional violation can be found, the second prong of a qualified immunity analysis examines “whether the right was clearly established” at the time of the deprivation. Saucier, 533 U.S. at 201.

Baptiste v. Foster, NHAG, et al.

2017 DNH 098 · District Court, D. New Hampshire · May 25, 2017

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The defendants are entitled to qualified immunity in this case unless the rights Baptiste asserts were clearly established by December of 2014 when the search occurred.

Descant v. Adm'rs of Tulane Educ. Fund

639 So. 2d 246 · Supreme Court of Louisiana · Jul 5, 1994

The retained amount increases to $2,000,000.00 in the event the limitation of liability established by the Medical Malpractice Act is modified or abrogated. … XII, § 10. [9] Louisiana courts have held the following immunities to be personal to the insured and therefore unavailable to the insurer: interspousal immunity, parental immunity, governmental immunity, charitable immunity