Case law

Reeves v. Thigpen

879 F. Supp. 1153 · District Court, M.D. Alabama · Mar 16, 1995

Under this test, public officials performing discretionary functions which would objectively appear to be within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … To defeat a qualified immunity defense, the plaintiff bears the burden of showing that the “legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law clearly

Nampa Classical Academy v. Goesling

714 F. Supp. 2d 1079 · District Court, D. Idaho · May 17, 2010

Qualified Immunity Standard “Qualified immunity serves to shield government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “Whether a right is ‘clearly established’ for purposes of qualified immunity is an inquiry that ‘must be undertaken in light *1091 of the specific context of the case, not as a broad general proposition.’

Oldridge v. Wichita, Kansas, City of

District Court, D. Kansas · Nov 30, 2022

While an issue of fact as to whether it was reasonably foreseeable that these actions would lead to a violation of Plaintiff’s clearly established rights, qualified immunity requires a plaintiff to prove more than a reasonably … Plaintiff has failed to show under a qualified immunity analysis that Givens, Salcido, and Ramsay violated a clearly established constitutional right.

Kauffman v. Pennsylvania Society for the Prevention of Cruelty to Animals

766 F. Supp. 2d 555 · District Court, E.D. Pennsylvania · Feb 16, 2011

Pertinent to qualified immunity, a defendant may raise an affirmative defense “on a Rule 12(b)(6) motion if the predicate establishing the defense is apparent from the face of the complaint.” Bethel v. … Second, “if a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.” Id.

Cutino v. Untch

79 F. Supp. 3d 1305 · District Court, S.D. Florida · Jan 14, 2015

Qualified Immunity Standards Qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights … In this respect, qualified immunity “ ‘gives government officials breathing room to make reasonable but mistaken judgments.’ ” Carroll v.

Livingood v. Meece

477 N.W.2d 183 · North Dakota Supreme Court · Nov 12, 1991

Meece asserts that he is entitled to qualified immunity under the circumstances of this case. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Smith v. Stafford

189 P.3d 1065 · Alaska Supreme Court · Aug 8, 2008

that qualified immunity is appropriate. … 42 If the allegations show a constitutional violation, courts then must determine whether the right allegedly violated was "clearly established," which occurs where the "contours of the right [are] sufficiently clear that

Biggs v. Best, Best & Krieger

189 F.3d 989 · Court of Appeals for the Ninth Circuit · Aug 30, 1999

Finally, we consider de novo a denial of summary judgment based on qualified immunity to the extent that the parties raise the “purely legal” issue of whether the right allegedly violated was clearly established. … . *994 In order to determine whether the council defendants should receive qualified immunity, we must consider (1) whether the law governing the official’s conduct was clearly established and (2) whether, given this clearly

Olaniyi v. District of Columbia

416 F. Supp. 2d 43 · District Court, District of Columbia · Feb 17, 2006

However, the officers are entitled to qualified immunity from suit “insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.” … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether [the] plaintiffs allegations, if true, establish a constitutional violation.” Hope v.

Rhein v. Coffman

118 F. Supp. 3d 1093 · District Court, N.D. Illinois · Aug 6, 2015

Coffman also is correct that even if his post-revocation conduct violated Rhein’s due process rights, he is entitled to qualified immunity because he did not violate clearly established law. I. … clearly established law.

Ernest Jackson, Sr. v. Raymond Hoylman and Robert Bidwell

933 F.2d 401 · Court of Appeals for the Sixth Circuit · May 22, 1991

The court then considered the qualified immunity motion and concluded that because qualified immunity turns on the same objective reasonableness standard that the claim of excessive turns on, defendants must be denied summary … be determined before trial whether the defendant did acts that violate clearly established rights.

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.

Johnson v. Carroll

658 F.3d 819 · Court of Appeals for the Eighth Circuit · Oct 7, 2011

“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 … “Qualified immunity involves the following two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established at

Gibbons v. McBride

124 F. Supp. 3d 1342 · District Court, S.D. Georgia · Aug 21, 2015

Thus, “[i]f a defendant asserts a qualified immunity defense in a Rule 12(b)(6) motion to dismiss, the Court should grant qualified immunity if the plaintiffs complaint fails to allege a violation of a clearly established … established for purposes of qualified immunity); Riley v.

Hyman v. Morris

320 F. Supp. 3d 707 · District Court, W.D. Pennsylvania · Aug 14, 2018

applicable standard for ascertaining whether a right was "clearly established" for the purposes of evaluating qualified immunity: "A Government official's conduct violates clearly established law when, at the time of the … establish a right for purposes of qualified immunity."

Military Circle Pet Center No. 94, Inc. v. Cobb County

665 F. Supp. 909 · District Court, N.D. Georgia · May 20, 1987

Because plaintiff has presented evidence that defendants committed acts in violation of plaintiff’s clearly established constitutional and statutory rights, defendants are not entitled to qualified immunity from plaintiff … Because a defendant is not entitled to qualified immunity if he violates clearly established constitutional or statutory rights, defendants’ argument regarding Defendant Head’s "prosecutorial immunity” and lack of unconstitutional

West v. Phillips

883 F. Supp. 308 · District Court, S.D. Indiana · Aug 26, 1994

The Applicability of Qualified Immunity to the Defendants The Supreme Court established the modern doctrine of qualified immunity in Harlow v. Fitzgerald, supra. … The test for determining qualified immunity in Harlow, Anderson, and Casteel focuses on the violation of a “clearly established” constitutional right, not a “clearly established” affirmative defense. 11 In support of her

Madison County Fiscal Court v. Kentucky Labor Cabinet

352 S.W.3d 572 · Kentucky Supreme Court · Aug 25, 2011

qualified official immunity. … As such, Appellants contend they either share the state’s sovereign immunity or are cloaked with governmental or qualified official immunity as entities performing a public function.

William T. Broderick v. Francis Roache, Arthur Morgan, Jr.

996 F.2d 1294 · Court of Appeals for the First Circuit · Jun 18, 1993

Tirado-Delgado, 982 F.2d 34, 38 (1st Cir.1993) (awarding defendant qualified immunity from damage claim because the implicated constitutional right was not clearly established at the time of the complained of acts). … Intent and Qualified Immunity Morgan’s first argument, that the question of his intent is immaterial to the qualified immunity analysis, is premised upon a broad reading of certain language in Harlow .

Crane v. City of Arlington

50 F.4th 453 · Court of Appeals for the Fifth Circuit · Sep 30, 2022

“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 person would have known … The second step of the qualified immunity inquiry is asking “whether the violated constitutional right was clearly established at the time of the violation.” 58 The purpose of this inquiry is to determine whether the