Case law

Allah v. Brown

351 F. Supp. 2d 278 · District Court, D. New Jersey · Oct 26, 2004

Qualified Immunity Even if a plaintiff can establish a constitutional violation, under the doctrine of qualified immunity government officials will not be liable if “[tjheir conduct does not violate clearly established statutory … If the law is not established clearly when an official acts, he is entitled to qualified immunity because he “could not reasonably be expected to anticipate subsequent legal developments.”

Suddith v. UNIVERSITY OF SOUTHERN MISS.

977 So. 2d 1158 · Court of Appeals of Mississippi · Jul 31, 2007

Qualified or "good faith" immunity "shields state officials from liability unless their conduct violates `clearly established statutory or constitutional rights of which a reasonable person would have known.'" … As discussed in the next section of this opinion, Suddith fails to establish that there has been a violation of a clearly established constitutional right.

King's Grant Inn v. Gilford, et al.

2005 DNH 022 · District Court, D. New Hampshire · Feb 16, 2005

qualified immunity from liability for enforcing it. … Because the contours of the legal right defendants violated were not clearly established at the time they acted, the individual defendants are entitled to qualified immunity from personal liability, and they are entitled

Sidney Arnold v. Steven Williams

979 F.3d 262 · Court of Appeals for the Fifth Circuit · Oct 23, 2020

pleading the defense of qualified immunity.’” … In this case, Arnold broadly addressed qualified immunity in his original complaint by alleging that Deputy Williams “knowingly violated” “clearly established law.”

Hall v. Thomas

190 F.3d 693 · Court of Appeals for the Fifth Circuit · Sep 29, 1999

Finally, the district court held that even if the ADA did apply to prisons, the defendants would be qualifiedly immune from suit thereunder because Hall’s rights under the ADA were not clearly established at the time of … not clearly established prior to Yeskey.

Redpath v. City of Overland Park

857 F. Supp. 1448 · District Court, D. Kansas · Jun 9, 1994

That objective test is in tension with, but not inconsistent with, a claim of qualified immunity where the existence of a violation of the clearly established law depends on the government official’s subjective intent. … When qualified immunity is granted because plaintiffs cannot establish a constitutional violation—rather than on a determination that the law was not clearly established—such a finding is equivalent to a decision on the merits

Ortiz v. Torgenson

District Court, D. Utah · Apr 30, 2024

Qualified Immunity “The doctrine of qualified immunity shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory … Even when government officials violate the law, qualified immunity shields them from damages liability unless the violative nature of the particular conduct is clearly established.”

Crenshaw v. Lister

556 F.3d 1283 · Court of Appeals for the Eleventh Circuit · Feb 6, 2009

Turning to the issue of qualified immunity and, after finding that Crenshaw had to establish the violation of a clearly-established right, the court concluded that, under Crenshaw’s version of the facts, “no reasonable … Qualified Immunity “Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory

Moschetti v. Office of the Inspector General

District Court, E.D. Virginia · Nov 26, 2024

Even if the Pickering factors weighed more in Moschetti’s favor, Westfall would be entitled to qualified immunity because it is not clearly established that the factors would favor an employee over an organization akin … See Brickey, 828 F.3d at 304 (holding qualified immunity was warranted when balancing of the employee’s and employer’s interests were not clearly established). 16 a substantial factor

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.”

Phillip Fry, Susan Fry v. Olin Melaragno, David W. Otto, Mark Barnes, Mark Pendery

939 F.2d 832 · Court of Appeals for the Ninth Circuit · Jul 29, 1991

Therefore, [u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.... … Nor do they suggest that Melaragno acted in a way which he should have known was clearly unlawful. Melar-agno is entitled to qualified immunity from suit.

Higgins v. Town of Concord

246 F. Supp. 3d 502 · District Court, D. Massachusetts · Mar 31, 2017

The Court cannot determine whether Hodges and Whelan are entitled to qualified immunity at this stage. The defendants argue ' that Hodges and Whelan are entitled to qualified immunity on Counts One and Two. … Callahan, 555 U.S. 223, 231 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) ("The doctrine of qualified immunity protects government officials from liability for civil damages insofar ‘as their conduct does not violate clearly established

Buonocore v. Harris

134 F.3d 245 · Court of Appeals for the Fourth Circuit · Jan 14, 1998

Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), the Supreme Court held that when, as here, the law is clearly established, the qualified immunity defense “ordinarily should fail, since a reasonably … A public official who fails to follow legal advice obviously cannot rely on that advice to establish entitlement to qualified immunity.

Kim Brown v. Muhlenberg Township

269 F.3d 205 · Court of Appeals for the Third Circuit · Oct 11, 2001

IV. 65 Let me amplify my earlier analysis explaining the second prong -- the clearly established prong-- of the qualified immunity doctrine. … the clearly established element of the immunity doctrine.

Abdul Khan v. Newell Normand, Sheriff, et a

683 F.3d 192 · Court of Appeals for the Fifth Circuit · Jun 1, 2012

Qualified immunity protects government officials from money damages unless a plaintiff shows: (1) the official violated a statutory or constitutional right; and (2) the right was clearly established at the time of the challenged … Courts “have discretion to decide which of the two prongs of qualified-immunity analysis to tackle first.” Id.

Fabiano v. City of Palos Hills

336 Ill. App. 3d 635 · Appellate Court of Illinois · Nov 25, 2002

Qualified Immunity Defendants further argue that they enjoy qualified immunity from section 1983 liability because, even if they in fact lacked probable cause to prosecute Sandra Fabiano, they reasonably believed that they … “But if a reasonable officer would not have believed that the person had committed a crime, then the officer, whatever he did or did not believe, is acting contrary to clearly established law and therefore has no immunity

Hendricks v. Mallozzi

District Court, N.D. New York · Jul 24, 2023

In the alternative, Defendant Delutis argues that he is entitled to qualified immunity. … the program, and (3) Defendant is not entitled to qualified immunity.

Parker v. Board Of Regents Of Tulsa Junior College

981 F.2d 1159 · Court of Appeals for the Tenth Circuit · Dec 17, 1992

Id.; Patrick, 953 F.2d at 1243 . 10 Once a defendant asserts qualified immunity, "[t]he plaintiff carries the burden of convincing the court that the law was clearly established." … Accordingly, they maintain that plaintiff's action is barred by the doctrine of qualified immunity. 14 To determine whether plaintiff's action is barred by qualified immunity, we first consider whether she was deprived of

Koiro v. Las Vegas Metropolitan Police Department

69 F. Supp. 3d 1061 · District Court, D. Nevada · Nov 21, 2014

Second, Defendants argue that, even if Catanese violated the Fourth Amendment, he should still receive qualified immunity because Koiro did not carry his burden of showing that the right violated was clearly established. … “Qualified immunity protects government officials from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Chappell

Engleman v. Adkerson

District Court, N.D. Georgia · Mar 1, 2024

“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 of which a … Plaintiff devotes no section to her failure-to-intervene claim but simply says Adkerson is not entitled to qualified immunity because it is clearly established that a person cannot be arrested without a