Case law

Morgan v. Stringer

945 F. Supp. 1129 · District Court, N.D. Illinois · Nov 12, 1996

established constitutional right at the time that they acted (consistently with that reason for the rule, Harlow, id. at 818, 102 S.Ct. at 2738 stressed the notion that motions for summary judgment on qualified immunity … The principles of qualified immunity that we reaffirm today require that Anderson be permitted to argue that he is entitled to *1132 summary judgment on the ground that, in light of the clearly established principles governing

Bolden v. Village of Monticello

344 F. Supp. 2d 407 · District Court, S.D. New York · Nov 4, 2004

Qualified Immunity Qualified immunity shields a public official from civil liability when his conduct “does not violate a clearly established statutory or constitutional right.” Richardson v. … As noted above, a police officer is entitled to qualified immunity if (1) his conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for the officer to believe his conduct

Kenneth Bailey v. Shawn T. Swindell

940 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Oct 16, 2019

,” and qualified immunity applies. … established’ step of the qualified-immunity analysis.”

Breuder v. Board of Trustees

238 F. Supp. 3d 1054 · District Court, N.D. Illinois · Mar 3, 2017

Defeating qualified immunity requires (1) conduct violating the plaintiffs constitutional or statutory rights that is (2) clearly established at the time of the violation such that a “reasonable official would understand … Here, the Individual Defendants claim that, even if there was a violation, it was not clearly established.

Brenda Davis v. Michelle L. Munger

11 F.4th 604 · Court of Appeals for the Eighth Circuit · Aug 24, 2021

A public official is entitled to qualified immunity unless: (1) their conduct violated a constitutional right, and (2) that right was clearly established. Williams v. … Qualified immunity is “appropriate where no reasonable fact finder could conclude that the facts when viewed in a light most favorable to the plaintiff show that the officers’ conduct violated a clearly established constitutional

Billy J. Hale v. Carl Townley, Billy J. Hale v. Carl Townley

45 F.3d 914 · Court of Appeals for the Fifth Circuit · Mar 23, 1995

If disputed factual issues material to qualified immunity are present, the district court’s denial of summary judgment sought on the basis of qualified immunity is not appealable. Feagley v. … An official’s conduct is protected by qualified immunity if, in light of legal rules that were clearly established at the time of the' action, it was objectively reasonable.

Julian C. Lee v. Jake Gregory, United States of America, and the Federal Bureau of Investigation

363 F.3d 931 · Court of Appeals for the Ninth Circuit · Apr 7, 2004

Gregory moved for summary judgment on qualified immunity grounds. … Although the facts in Mendocino Environmental Center are different from the facts in issue here, “[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel

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,”....

Betances v. Fischer

519 F. App'x 39 · Court of Appeals for the Second Circuit · Jun 4, 2013

Arguing that they were entitled to qualified immunity on the ground that the law was not clearly established at the time of their challenged conduct, defendants moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). … The district court denied the motions, ruling that plaintiffs’ rights became clearly established when this Court decided Earley v.

Brooks v. Berg

270 F. Supp. 2d 302 · District Court, N.D. New York · Jul 15, 2003

Qualified Immunity “Qualified immunity shields public officials from liability for civil damages if their actions were objectively reasonable, as evaluated in the context of legal rules that were ‘clearly established’ at … Accordingly, the Court turns to the second step of the qualified immunity inquiry: whether this right was clearly established at the time of the alleged violation.

Price v. County of San Diego

990 F. Supp. 1230 · District Court, S.D. California · Jan 8, 1998

immunity. 23 Qualified immunity protects government officials from lawsuits based on their conduct in situations in which they exercise discretion, insofar as their conduct does not violate clearly established rights. … If the right was not clearly established, then the deputies are entitled to qualified immunity. See Romero v. Kitsap County, 931 F.2d 624, 629 (9th Cir.1991).

Rancho del Oso Pardo, Inc. v. New Mexico Department of Game and Fish

District Court, D. New Mexico · Dec 21, 2020

Qualified Immunity Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … right was clearly established.

Rich v. United States

158 F. Supp. 2d 619 · District Court, D. Maryland · Jul 13, 2001

“Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional … To obtain qualified immunity, Defendants must establish that in light of this clearly established law, the agents reasonably could have believed that the search of Plaintiffs’ home was lawful.

John Hogan v. City of Corpus Christi, Texas

722 F.3d 725 · Court of Appeals for the Fifth Circuit · Jul 15, 2013

’s motion for summary judgment predicated upon qualified immunity: “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”10

Anthony v. Vaccaro

43 F. Supp. 2d 843 · District Court, N.D. Ohio · Mar 16, 1999

Gilley, 957 F.2d 1347, 1348 (6th Cir.1992). of Government officials are generally entitled to qualified immunity when performing discretionary functions as long as the conduct “does not violate clearly established statutory … In order to assert a violation of a “clearly established” right and defeat a qualified immunity defense, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is

Alan D. Whatley v. Robert E. Philo

817 F.2d 19 · Court of Appeals for the Fifth Circuit · May 18, 1987

GEE, Circuit Judge: This § 1988 case presents the question whether the plaintiff has vitiated the defendants’ qualified immunity defense. … The defendants asserted their qualified immunity defense. The district court dismissed on summary judgment, 1 on the basis that Whatley had failed to overcome the immunity defense.

Palmer v. Sanderson

9 F.3d 1433 · Court of Appeals for the Ninth Circuit · Nov 23, 1993

Qualified Immunity Law enforcement officials sued under § 1983 are entitled to qualified immunity if (1) the “right” they allegedly violated was not “clearly established” at the time of the violation, or (2) if a reasonable … Sanderson and Morrisette argue that the district court erred in denying their motion for summary judgment based on qualified immunity because (1) the Fourth Amendment’s protection against excessive force was not clearly established

Towery v. State

221 Cal. Rptr. 3d 692 · California Court of Appeal, 5th District · Aug 10, 2017

Civil Code section 52.1 does not address the immunity established by Government Code section 844.6. Nothing in Civil Code section 52.1 indicates an intent to abrogate this specific immunity provision. … The court explained that the current scope of this qualified immunity "shields a public officer from an action for damages under 42 United States Code section 1983 unless the officer has violated a 'clearly established' constitutional

Acklin v. City of Inkster

93 F. Supp. 3d 778 · District Court, E.D. Michigan · Mar 20, 2015

Specifically, the Defendants contend they should be entitled to qualified immunity because they contend they did not violate any statutory or constitutional right that was clearly established and of which a reasonable person … As discussed, Acklin’s Fourth Amendment claim for excessive force while handcuffed is “clearly established;” thus, Plaintiff meets that prong of the qualified immunity analysis. See Meirthew, 417 Fed.Appx. at 499 .

Kaminsky v. Rosenblum

929 F.2d 922 · Court of Appeals for the Second Circuit · Apr 9, 1991

DISCUSSION I Doctrine of Qualified Immunity 10 The doctrine of qualified immunity evolved as a balance between the need, on one hand, to hold responsible public officials exercising their power in a wholly unjustified manner … Contrary to appellants' contention, the district court did not stop after addressing only the threshold issue of whether the law was clearly established.