Case law

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.

Tiffanie Hupp v. State Trooper Seth Cook

931 F.3d 307 · Court of Appeals for the Fourth Circuit · Jul 25, 2019

“The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have … An official is not entitled to qualified immunity if he or she deprived an individual of a constitutional right and that right was clearly established at the time of the violation. Pearson, 555 U.S. at 231.

Hudgins v. City Of Ashburn

890 F.2d 396 · Court of Appeals for the Eleventh Circuit · Jan 24, 1990

The Zeigler/Rich Analysis for Determining Summary Judgment Based on Qualified Immunity 29 Rich recognized that the Supreme Court established its objective-reasonableness test for determining qualified or good-faith immunity … or not that law is clearly established.

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).

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

Jenne v. Maranto

825 So. 2d 409 · District Court of Appeal of Florida · Aug 21, 2002

Section 216(b), in turn, clearly provides for suits by individuals against States. … Accordingly, the reasoning that underlies the immediate appealability of an order denying ... qualified immunity should be...

Almonte v. City Of Long Beach

478 F.3d 100 · Court of Appeals for the Second Circuit · Feb 14, 2007

Qualified Immunity Based on the "Policymaker Exception" 24 The doctrine of qualified immunity shields public officials from personal liability for official actions, "unless their conduct violates clearly established constitutional … Stated differently, an official is entitled to qualified immunity (1) if the plaintiff has not alleged a violation of a constitutional right, (2) if that right was not clearly established at the time of the conduct, or (3

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

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.

Jerry Hollingsworth and Kenneth Anderson v. Kim Hackler, Individually and as Next Friend for C. H., a Minor, and Steve Hackler, Individually and as Next Friend for C. H., a Minor

Texas Court of Appeals, 2nd District (Fort Worth) · Dec 31, 2009

of qualified immunity shields an official performing discretionary functions from individual liability for civil damages under § 1983 if the official’s “conduct does not violate clearly established statutory or constitutional … ’s conduct violated a clearly established statutory or constitutional right.18 A right is “clearly established” when its contours are “sufficiently clear that a reasonable official would understand that what he is doing

Schubert v. City of Rye

775 F. Supp. 2d 689 · District Court, S.D. New York · Mar 31, 2011

A government official may be entitled to qualified immunity if either his “conduct did not violate plaintiffs clearly established rights or if it would have been objectively reasonable for the official to believe that his … “A defendant pleading qualified immunity on a motion to dismiss is entitled to prevail if the allegations in the complaint fail to state a claim of violation of clearly established law.” Id.

Ellis v. Vance

227 F. Supp. 3d 627 · District Court, N.D. Mississippi · Jan 3, 2017

As discussed below, plaintiffs failure to offer more specific authority means that she is unable to establish the “clearly established” prong of the qualified immunity test, but it also makes it exceedingly difficult for … This court now turns to the second, or “clearly established,” prong of the qualified immunity standard. The U.S.

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.

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

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.

Gooden v. Howard County

954 F.2d 960 · Court of Appeals for the Fourth Circuit · Jan 23, 1992

Gooden further argues that the defendants did not act reasonably in light of clearly established law. … However, “if the test of ‘clearly established law’ were to be applied at this level of generality,”....

McClennon v. Kipke

821 F. Supp. 2d 1101 · District Court, D. Minnesota · Oct 31, 2011

Seizing on Chambers, the Individual Defendants argue they are entitled to qualified immunity here because (1) McClennon suffered only de minimis injuries and (2) it was not clearly established on December 20, 2006, that inflicting … to qualified immunity on the excessive-force claim.