Case law

Nelson v. Turner

256 S.W.3d 37 · Court of Appeals of Kentucky · Jun 6, 2008

She argued that under these circumstances, she was entitled to qualified official immunity from liability. … , but whether that law was clearly established at the time an action occurred.

Handy v. Fisher

District Court, D. Colorado · Apr 28, 2020

Because plaintiffs have met their burden on the first qualified immunity prong, I now consider their allegations that the law in question was clearly established. B. … Plaintiffs have asserted the violation was clearly established but do not provide independent argument on the qualified immunity prongs, perhaps because defendants did not address it in their motion.

Kenneth Hunt v. Dale Acosta

109 F.4th 1003 · Court of Appeals for the Eighth Circuit · Jul 23, 2024

The district court denied qualified and quasi-judicial immunity for Officer Acosta and qualified immunity for Mayor Williams and Chief Wilson. … Qualified Immunity Interlocutory review of the denial of qualified immunity is limited to “the purely legal issue of whether the facts alleged by the plaintiff are a violation of clearly established law.”

City of Laredo v. Leal

161 S.W.3d 558 · Texas Court of Appeals, 4th District (San Antonio) · Feb 11, 2005

Qualified Immunity Dovalina next argues the trial court erred in denying his motion for summary judgment on Leal’s substantive and procedural due process claims on the ground of qualified immunity. 3 We again agree. … “The well-established test for qualified immunity requires us to engage in a two-step inquiry.” Sanchez v. Swyden, 139 F.3d 464, 466 (5th Cir.), cert. denied, 525 U.S. 872 , 119 S.Ct. 170 , 142 L.Ed.2d 139 (1998).

Carlson v. County of Hennepin

428 N.W.2d 453 · Court of Appeals of Minnesota · Aug 23, 1988

A subsequent motion to dismiss the individual defendants on the basis of qualified immunity was granted. … is no qualified immunity.

Herbert Whitlock v. Charles Bruegge

682 F.3d 567 · Court of Appeals for the Seventh Circuit · May 30, 2012

Patchman, 424 U.S. 409 (1976), or in the alterna- tive, that he is entitled to qualified immunity because he did not violate any of the plaintiffs’ clearly established constitutional rights. See Harlow v. … An official is entitled to qualified immunity for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow, 457 U.S. at 818.

Shows v. Morgan

40 F. Supp. 2d 1345 · District Court, M.D. Alabama · Mar 17, 1999

Where the law that the defendants allegedly violated was not clearly established at the time of the alleged offense, the defendants are entitled to qualified immunity. See id. at 807 , 102 S.Ct. at 2732 ; Stewart v. … established, and (3) where the qualified immunity determination does end the whole case,” Lewis does not prohibit the. court from first considering a qualified-immunity defense).

Gidley v. Oliveri

641 F. Supp. 2d 92 · District Court, D. New Hampshire · Jun 25, 2009

The defendants are entitled to qualified immunity on the federal claims under 42 U.S.C. § 1983 because the booking-and-summons of Gidley did not implicate a clearly established Fourth Amendment right such that a reasonable … Clearly established right “Public officials are ... entitled to qualified immunity unless the facts establish that their conduct violated a constitutional right that was ‘clearly established’ at the time of the violation.

Rivera-Jimenez v. Pierluisi

362 F.3d 87 · Court of Appeals for the First Circuit · Mar 29, 2004

Qualified Immunity "Denials of summary judgment on qualified immunity grounds are reviewed to the extent that the qualified immunity defense turns upon a purely legal question and any disputed … We turn now to the second prong of the qualified immunity analysis. "The question of whether a right is clearly established is an issue of law for the court to decide."

Looney v. Black

702 F.3d 701 · Court of Appeals for the Second Circuit · Dec 21, 2012

To determine whether Black is entitled to qualified immunity as to Looney’s procedural due process claim, we must determine also whether the constitutionally protected property right was “clearly established.” 2 Reichle, … To defeat an assertion of qualified immunity, an employee’s constitutional right to free speech must also be “clearly established” under the law. Reichle, 132 S.Ct. at 2093 .

Brockway v. Shepherd

942 F. Supp. 1012 · District Court, M.D. Pennsylvania · Oct 4, 1996

III.QUALIFIED IMMUNITY A defendant is entitled to qualified immunity from a claim of a violation of a constitutional right if the right was not clearly established at the time of the alleged deprivation and the contours of … WMe the abstract right to be free from unreasonable seizure clearly is established, for qualified immunity purposes the right must be considered on a more specific level: “[t]he contours of the right must be sufficiently

Jones v. State

166 P.3d 1219 · Court of Appeals of Washington · Sep 17, 2007

of a clearly established constitutional right. … ] Once the defendant asserts qualified immunity, the plaintiff must establish that the defendant violated a clearly established constitutional right in order to survive summary judgment. [23] Jones claims the individual defendants

Warney v. City of Rochester

536 F. Supp. 2d 285 · District Court, W.D. New York · Feb 11, 2008

are covered by qualified immunity. … LEXIS 18002 (N.D.Ill.2002) (finding that a due process right to disclosure of post-conviction exculpatory evidence exists, but granting qualified immunity because the right was not “clearly established” in 1997), aff'd in

Glass v. Abbo

284 F. Supp. 2d 700 · District Court, E.D. Michigan · Sep 3, 2003

. § 1983 for money damages, qualified immunity protects a public official from being sued as long as the official ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would … The principles of qualified immunity that we reaffirm today require that Anderson be permitted to argue that he is entitled to summary judgment on the ground-that, in light of the clearly established principles governing

Martha L. Pike Cynthia J. Kincer v. Kermit L. Osborne, Individually and in His Capacity as Sheriff of Wythe County, Virginia

301 F.3d 182 · Court of Appeals for the Fourth Circuit · Jul 29, 2002

Osborne appealed, claiming that he is entitled to qualified immunity either, because the plaintiffs failed to allege a constitutional violation or because the law in this area was not clearly established at the time of the … Because the law in this area was not clearly established at the time the plaintiffs were not reappointed, Sheriff Osborne is entitled to qualified immunity.

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.

Swint v. City of Wadley

5 F.3d 1435 · Court of Appeals for the Eleventh Circuit · Nov 3, 1993

However, these factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time' of the challenged actions … Because such a due process right was not clearly established at the time of the raids in this case, Sheriff Morgan, Chief Morgan and Officer Dendinger are entitled to qualified immunity on the due process claims.

Trevino v. Gates

798 F. Supp. 621 · District Court, C.D. California · Aug 7, 1992

established law. … Under Harlow , the council members would be entitled to qualified immunity for acts in the course of their duties “insofar as their conduct [did] not violate clearly established statutory or constitutional rights of which

Womble v. Singing River Hosp.

618 So. 2d 1252 · Mississippi Supreme Court · Jun 10, 1993

Qualified Immunity The trial court granted summary judgment on the ground of qualified immunity to the members of the board of trustees for Singing River Hospital, Dr. Jack Longmire, Dr. … Moreover, it promotes a goal beyond the pale of the traditional justification for qualified immunity. Today, we hold that common law qualified public official immunity will be restricted to its designed purpose.

Friedland v. Fauver

6 F. Supp. 2d 292 · District Court, D. New Jersey · Mar 31, 1998

Qualified Immunity ' Defendants contend that summary judgment should be entered in their favor based on qualified immunity because they did not violate any clearly established constitutional right of Friedland. … “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.