Case law

Pozdol v. City of Miami

996 F. Supp. 2d 1290 · District Court, S.D. Florida · Jan 29, 2014

To defeat a claim to qualified immunity, a plaintiff must demonstrate: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct … To establish a defense of qualified immunity a Defendant must show, as a preliminary matter, that the challenged conduct forms a discretionary duty of his office. See infra discussion of qualified immunity in Part.

Byrd v. Cornelius

52 F.4th 265 · Court of Appeals for the Fifth Circuit · Oct 31, 2022

III Cornelius and Sweetin argue that we should reverse the district court and grant them qualified immunity. … Clearly Established Right Next, we address, taking the facts in the light most favorable to Byrd, whether the officers violated clearly established law when they allegedly used excessive force to arrest a

Mark Cook v. Roberta Sheldon and Nelson Saldana, New York State Troopers

41 F.3d 73 · Court of Appeals for the Second Circuit · Dec 2, 1994

We conclude that the Troopers have not yet earned qualified immunity as a matter of law because, under the facts alleged by Cook, the Troopers may be held to have violated Cook’s clearly established rights. … To evaluate the Troopers’ right to qualified immunity, we must again examine whether the malicious prosecution claim alleges a violation of Cook’s clearly established federal rights.

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.

Dziekan v. Gaynor

376 F. Supp. 2d 267 · District Court, D. Connecticut · Jun 13, 2005

Thus, qualified immunity shields law enforcement officers from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively reasonable person would have known. … Thus, a qualified immunity defense is established where “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Kennedy v. Dexter Consolidated Schools

124 N.M. 764 · New Mexico Court of Appeals · Apr 2, 1998

They are entitled to a “qualified immunity,” which relieves them of liability if “their conduct [did] not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known … of the search was “clearly established” at the time of the search. (42) Based on the above analysis, three of the individual Defendants have no qualified immunity with respect to the search of Crystal Kennedy.

Gregory Lambert, as Administrator of the Estate of Harrison Lambert v. Town of Merrimack, et al.

2019 DNH 053 · District Court, D. New Hampshire · Aug 6, 2018

Where, as here, the movant raises a qualified immunity defense, the nonmoving party has the burden of demonstrating that the law was clearly established during the relevant time period. See Mitchell v. … Construed generously, the Estate's objection contains citations to six decisions bearing on the clearly established prong of qualified immunity.

Shawna Hess v. Carol Abels

714 F.3d 1048 · Court of Appeals for the Eighth Circuit · Apr 26, 2013

If it was not clearly established, regardless of whether Hess has articulated a constitutional violation, the City employees are entitled to qualified immunity. See Livers v. … There are two primary obstacles to Lesher’s capacity to serve as clearly established law for the purposes of this qualified immunity analysis.

City of San Juan, Texas, City of San Juan Police Officers, Juan Rodriguez, Alfredo Lara & Severiano Martinez, & City of San Juan Chief of Police Samuel Soto v. Gonzales, Juan R.

Texas Court of Appeals, 13th District · Jun 1, 2000

the officers are entitled to qualified immunity under federal law as their actions in effecting appellee's arrest were lawful in light of clearly established law and the information possessed by the officers at the time … If there is, we determine whether the government official's "actions were objectively reasonable in light of clearly established law," entitling him to qualified immunity. Id .

Ecclesiastical Order of the Ism of Am, Inc. v. Chasin

845 F.2d 113 · Court of Appeals for the Sixth Circuit · Apr 18, 1988

clearly established law and the information the official possessed. 483 U.S. at -, 107 S.Ct. at 3040 , 97 L.Ed.2d at 532 . … Applying this standard of qualified immunity, the district court correctly found that none of the actions taken by the defendants violated any of the plaintiffs’ clearly established constitutional or statutory rights.

Swint v. City of Wadley

51 F.3d 988 · Court of Appeals for the Eleventh Circuit · May 9, 1995

Qualified Immunity Law The district court denied the three individual defendants’ motions for summary judgment on qualified immunity grounds. The denial of qualified immunity is a question of law to be reviewed de novo. … 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.

Shaw v. Villanueva

918 F.3d 414 · Court of Appeals for the Fifth Circuit · Mar 11, 2019

III Villanueva and Ebrom argue that since the court granted Phillips and Morin qualified immunity, they should be immune too. … , Shaw has not appealed Phillips' qualified immunity.

Quintana v. City and County of Denver

District Court, D. Colorado · Jan 22, 2021

Because Plaintiff has not demonstrated that the Defendants Perez and Alexander violated a clearly established right by detaining Plaintiff, she has not met her burden to overcome the defense of qualified immunity. … Because Plaintiff has not demonstrated that the Individual Defendants violated a clearly established right, Plaintiff has not met her burden to overcome the defense of qualified immunity.

Kathleen Meehan v. Officer Scott Thompson

763 F.3d 936 · Court of Appeals for the Eighth Circuit · Aug 14, 2014

Qualified immunity shields government officials from civil liability insofar as their conduct in performing discretionary functions “does not violate clearly established statutory or constitutional rights of which a reasonable … Meehan asserts that Thompson is not entitled to qualified immunity because he violated her clearly established Fourth Amendment rights in two ways: first by arresting her without a reasonable belief that she was intoxicated

Kelsey v. County of Schoharie

567 F.3d 54 · Court of Appeals for the Second Circuit · May 22, 2009

As a result, it would be premature to determine whether Defendants Bates and Hazzard are responsible for violating clearly established constitutional law or are immune from suit under the qualified immunity doctrine. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Lee v. Brown

232 N.J. 114 · Supreme Court of New Jersey · Feb 21, 2018

The panel held that they were entitled only to qualified immunity. … The TCA effectuates the Legislature's intent to establish immunity for government action as the rule and liability as the exception.

LAURO LINES s.r.l. v. Chasser

490 U.S. 495 · Supreme Court of the United States · May 22, 1989

And claims of qualified immunity may be pursued by immediate appeal, because qualified immunity too “is an immunity from suit.” Id., at 526 (emphasis in original). … S., at 524 , and held that the immunity from service of process defendant asserted did not amount to an immunity from suit — even though service was essential to the trial court’s jurisdiction over the defendant.

Harvey v. Republic Services of Ohio II, 2007 Ca 00278 (3-23-2009)

2009 Ohio 1343 · Ohio Court of Appeals · Mar 23, 2009

QUALIFIED IMMUNITY. {¶ 21} "VI. … immunity if their conduct does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known."

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

Opinion No.

Arkansas Attorney General Reports · Jan 14, 2008

I believe an individual thus certified by the Division of Health and Human Services as an EMT would clearly qualify as a "health care professional" for purposes of applying the Good Samaritan Act. … Any first responder who qualifies as a "health care professional" would consequently enjoy qualified immunity for providing emergency care, but only if he did not receive compensation either for his time or expenses, in consideration