Case law

Alamo Workforce Development, Inc. v. Vann

21 S.W.3d 428 · Texas Court of Appeals, 4th District (San Antonio) · May 2, 2000

Clearly this statutorily-defined structure establishes that work *433 force boards act as arms of the State and carry out the policies established by the Texas Workforce Commission. … This evidence is consistent with statutory provisions which establish service delivery areas for qualifying localities. See 29 U.S.C.A. § 1511 (West 1999).

George WICKS, Sr., Plaintiff-Appellee, v. MISSISSIPPI STATE EMPLOYMENT SERVICES, Et Al., Defendants, Hazel Cook, Defendant-Appellant

41 F.3d 991 · Court of Appeals for the Fifth Circuit · Jan 6, 1995

To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that Cook violated clearly established statutory or constitutional rights. 12 Heightened pleading demands more than bald … While Wicks does allege racial animus, an element of the prima facie case for his discrimination claim, he fails to allege any conduct of Cook that could be considered to “violate a clearly established statutory ... right

Marshall v. Russell

391 F. Supp. 3d 672 · District Court, S.D. Texas · Sep 20, 2018

Russell alleged he is entitled to qualified immunity because he did not violate any clearly established constitutional right. ECF No. 55 at 32-34. Sgt. … Qualified immunity.

Angel Mendez v. County of Los Angeles

815 F.3d 1178 · Court of Appeals for the Ninth Circuit · Mar 2, 2016

The court also held that its conclusions in each respect were supported by clearly established law and that the officers were not entitled to qualified immunity. … In the absence of clearly established law that squarely governs the situation here, qualified immunity is appropriate on the knock-and-announce claim. Id. at 309.

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

Wilkins v. City of Tulsa

33 F.4th 1265 · Court of Appeals for the Tenth Circuit · May 3, 2022

The officers invoked qualified immunity, arguing they did not violate Mr. Wilkins’s Fourth Amendment rights and that his rights were not clearly established. … Wilkins’s clearly established right to be free from the additional use of force after he was effectively subdued. The officers were not entitled to qualified immunity.

Ruiz v. Texas Department of Protective & Regulatory Services

984 F. Supp. 2d 657 · District Court, S.D. Texas · Oct 28, 2013

However, as detailed below, that right is insufficient to sustain this action when juxtaposed against the qualified immunity “clearly established law” requirement. … immunity, based on a claim that the right to family integrity was not clearly established, will fail.

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

Mincieli v. Bruder

914 F. Supp. 512 · District Court, S.D. Florida · Mar 7, 1994

Mineieli can meet this burden by demonstrating that Bruder’s actions violated clearly established constitutional law. Lowe v. Aldridge, 958 F.2d 1565, 1570 (11th Cir.1992). … than on qualified immunity. 6 .

Chambers v. North Rockland Central School District

815 F. Supp. 2d 753 · District Court, S.D. New York · Sep 27, 2011

by qualified immunity.” … “[E]ven where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official if it was ‘objectively reasonable’ for him at

Smith v. Bunkley

171 A.3d 1118 · Superior Court of Delaware · Aug 3, 2016

to establish jurisdiction necessary to survive a motion to dismiss.18 Therefore, the “[p]laintiff bears the burden of establishing that sovereign immunity has been abrogated.”19 For example, in Pauley et al v. … The State Tort Claims Act provides a qualified immunity to state employees, only in their individual capacities, exempting them from liability.22 The defense of qualified immunity may be raised when: “(1) the alleged act

Opinion No.

Arkansas Attorney General Reports · Apr 10, 2001

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

WVDHHR v. Virginia Prince

West Virginia Supreme Court · Mar 21, 2019

In the proceedings below and on appeal, the Guardians assert that the DHHR Petitioners are precluded from relying on qualified immunity protections because the DHHR Petitioners violated a clearly established right. … established constitutional or statutory right, and no basis for piercing the DHHR Petitioners’ qualified immunity exists.

A.M. ex rel. Youngers v. New Mexico Department of Health

65 F. Supp. 3d 1206 · District Court, D. New Mexico · Dec 5, 2014

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.

Bradley v. West Chester University of the Pennsylvania State System of Higher Education

226 F. Supp. 3d 435 · District Court, E.D. Pennsylvania · Mar 8, 2017

Therefore, a plaintiff can only overcome the qualified immunity defense by showing “the officer’s conduct [to have] violated a constitutional right,” which right was clearly established at the time of the alleged violation … In sum, we find that Mixner is entitled to qualified immunity on Plaintiffs Section 1983 claim because, at the time it occurred, Mixner’s conduct did not violate a clearly established federal right. y.

Paul Scinto, Sr. v. Warden Stansberry

841 F.3d 219 · Court of Appeals for the Fourth Circuit · Nov 4, 2016

to qualified immunity. … The Seventh Circuit, for example, has held that the subjective prong of the Farmer test and the objective, clearly established prong of the qualified immunity test “effectively collapse into one” when the plaintiff raises

Vacha v. City of North Ridgeville

136 Ohio St. 3d 199 · Ohio Supreme Court · Jul 17, 2013

The court held that because an intentional tort may arise out of the employment relationship between a political subdivision and its employee, North Ridgeville did not establish that it was entitled to immunity as a matter … The court of appeals simply held that North Ridgeville did not establish entitlement to immunity as a matter of law. Id. at ¶ 23.

Downey v. Coalition Against Rape and Abuse, Inc.

143 F. Supp. 2d 423 · District Court, D. New Jersey · May 2, 2001

When material facts are not in dispute, the district court may decide whether a government official has established the defense of qualified immunity as a matter of law. Anderson v. … not rest on clearly established law, defendants Batten and Moore accordingly are entitled to immunity from plaintiffs Equal Protection claim.

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

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.