Case law

Diane Sigismondi Judy v. Eastern West Virginia Community and Technical College

West Virginia Supreme Court · Apr 25, 2022

As discussed herein, Petitioner pled facts demonstrating a violation of this clearly established law, so, per Marple, Eastern is entitled to no qualified immunity here. … clearly established statutory law.

Doyle v. Coombe

976 F. Supp. 183 · District Court, W.D. New York · Aug 26, 1997

Qualified Immunity Defendants have not raised qualified immunity as a basis for summary judgment. … “‘To defeat an official’s claim of qualified immunity, the individual’s right must have been clearly established at the time of the alleged violation.’ ” LaBounty, 1996 WL 711497 at *1 (citations omitted).

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

148 F. Supp. 3d 1232 · District Court, D. New Mexico · Dec 7, 2015

Clearly Established Rights in the Qualified Immunity Analysis. … with the prior case law and granted qualified immunity for lack of clearly established law.

Al-Mustafa Irshad v. Spann

543 F. Supp. 922 · District Court, E.D. Virginia · Jul 19, 1982

The defendants also raise the qualified immunity of Procunier v. Navarette, 434 U.S. 555 , 98 S.Ct. 855 , 55 L.Ed.2d 24 (1978), as a ground for dismissal. … Fitzgerald,U.S. -,-, 102 S.Ct. 2727, 2735-2738 , 73 L.Ed.2d 396 (1982) (eliminates subjective component of good-faith immunity). This federal immunity defense clearly does not violate due process.

State of W.Va. ex rel. Vanderra Resources, LLC v. Hon. David W. Hummel, Jr., Chesapeake Appalachia, LLC and Kanawha Stone Company, Inc.

829 S.E.2d 35 · West Virginia Supreme Court · Jun 3, 2019

Payne,19 which involved a circuit court’s denial of summary judgment based on a qualified immunity defense, we held: A circuit court’s order denying summary judgment on qualified immunity … the narrow issue of whether a trial court’s denial of qualified immunity is subject to immediate appeal.

Michael Kingsley v. Stan Hendrickson

801 F.3d 828 · Court of Appeals for the Seventh Circuit · Sep 8, 2015

The defendants take a different position; in their view, the decision of the Supreme Court en- titles them to qualified immunity. … In § 1983 actions, “[q]ualified 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

Trigalet v. Young

54 F.3d 645 · Court of Appeals for the Tenth Circuit · May 2, 1995

The court held that the officers were not entitled to qualified immunity on the Trigalets’ substantive due process claim upon concluding that, at the time of the incident, the law was clearly established that the officers … The court concluded that the officers were not entitled to qualified immunity because the law under which defendants actions could form the basis of a constitutional claim became clearly established on March 1, 1990, when

Judge v. Shikellamy School District

135 F. Supp. 3d 284 · District Court, M.D. Pennsylvania · Sep 28, 2015

In determining whether a constitutional right was clearly established, a broad and generalized, declaration that a clearly established federal right was violated is insufficient. See Anderson v. … Put another way, for the purposes of the qualified immunity analysis, a right is considered clearly established if “it would be clear to a reasonable officer, that his conduct was unlawful in the situation he confronted.”

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

Doe v. Southeast Delco School District

140 F. Supp. 3d 396 · District Court, E.D. Pennsylvania · Oct 13, 2015

Qualified immunity shields government employees sued in their personal capacities from liability unless their conduct violates “clearly established statutory or constitutional rights ... which a reasonable person would have … Qualified immunity will protect Assistant Superintendent Ryan if Plaintiffs *404 have failed to allege he violated their constitutional rights or if Plaintiffs have alleged a violation of a right that was not clearly established

Jon Frudden v. Kayann Pilling

877 F.3d 821 · Court of Appeals for the Ninth Circuit · Dec 11, 2017

Clearly Established Law We apply a two-part analysis in qualified immunity cases. Pauluk v. Savage, 836 F.3d 1117, 1121 (9th Cir. 2016). … A right is clearly established for purposes of qualified immunity only where 22 FRUDDEN V.

Demoret v. Zegarelli

451 F.3d 140 · Court of Appeals for the Second Circuit · Jun 8, 2006

I Qualified Immunity 24 Qualified immunity protects government officials from civil liability when performing discretionary duties "insofar as their conduct does not violate clearly established statutory or constitutional … clearly established law.

Mildred I. Goyco De Maldonado v. Jose A. Rivera, Etc.

849 F.2d 683 · Court of Appeals for the First Circuit · Jun 9, 1988

Where qualified immunity is the issue, the relevant query is whether, at the time of the challenged employment action, “it was clearly established that employees in the particular positions at issue, in light of the responsibilities … , qualified immunity shields that conduct.

Joseph Rome v. Eugene Burden, Michel Cabello, Angela Phillips, and Sareta Davis

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2002

Qualified immunity is an affirmative defense. We need only reach this issue if there is a clearly established statutory or constitutional right violated. Rome has not alleged any violation of a statutory right. … Furthermore, as Rome did not establish the predicate constitutional violation, we need not reach the issue of qualified immunity.

Gale v. Thomas

759 So. 2d 1150 · Mississippi Supreme Court · Dec 9, 1999

Clearly, the City's immunity stems from the re-enactment of immunity by § 11-46-3. … Gale's argument regarding qualified immunity is misplaced. Gale seems to claim that the only manner in which Officer Thomas may receive immunity is through the application of qualified immunity.

Jensen v. Zuern

517 N.W.2d 118 · North Dakota Court of Appeals · May 31, 1994

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. … clearly established law].

King v. Thornburg

762 F. Supp. 336 · District Court, S.D. Georgia · Apr 17, 1991

QUALIFIED IMMUNITY Defendant Brown contends that even if he is not entitled to absolute immunity he is entitled to qualified immunity because his actions would have been taken within his “discretionary authority” as chief … In order to overcome a qualified immunity defense, 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

Dickey v. United States of America

174 F. Supp. 3d 366 · District Court, District of Columbia · Mar 30, 2016

However, qualified immunity protects government officials from civil liability where their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known … Defendants argue that “the true test for qualified immunity in this case was whether it was clearly established that Officer Alexander was prohibited from alleged touching or manipulating

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."

Parrish v. Ball

594 F.3d 993 · Court of Appeals for the Eighth Circuit · Feb 10, 2010

Qualified immunity shields government officials from liability in their individual capacity so long as the official has not violated “clearly established statutory or constitutional rights of which a reasonable person would … was clearly established at the time of the deprivation.”