Case law

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.”

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."

Knussman v. State of Md.

16 F. Supp. 2d 601 · District Court, D. Maryland · Aug 13, 1998

To determine whether qualified immunity shields a public official courts should: “(1) identify the right allegedly violated, (2) decide whether that right was clearly established at the time of the alleged violation, and … Under these circumstances, the law can hardly be deemed “clearly established” and, accordingly, qualified immunity is available to all of the individual defendants. 5 Moreover, contrary to plaintiffs as *611 sertion that

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

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

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.

Florida Fish & Wildlife Conservation Commission v. Jeffrey

178 So. 3d 460 · District Court of Appeal of Florida · Oct 20, 2015

Accordingly, because the challenged order in this case denied Officer Johnson’s claim of qualified immunity, he has established the jurisdictional prerequisite of irreparable harm necessary to obtain review of the order … A law enforcement officer is entitled to qualified immunity from a false arrest claim under § 1983 if the evidence establishes that the officer had probable cause to make the arrest. See Vermette v.

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.

Samuel Campbell v. City of Springboro, Ohio

700 F.3d 779 · Court of Appeals for the Sixth Circuit · Nov 29, 2012

Qualified immunity “shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Clearly Established Right For a right to be “clearly established,” “[t]he contours of that right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

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.

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

Cox v. Wilson

959 F.3d 1249 · Court of Appeals for the Tenth Circuit · May 22, 2020

Yet the Pauly officers were protected by qualified immunity because of the absence of clearly established law prohibiting their conduct. … Moreover, were we to consider this argument, it would fail because the clearly-established-law component of qualified immunity is not a jury issue. See Griess v.

Birkeland v. Jorgenson

District Court, D. Minnesota · May 1, 2019

However, the Court must also consider the second prong of the qualified immunity analysis, whether the right was “clearly established.” … Therefore, the alleged right at issue is not clearly established, and the officers are entitled to qualified immunity on this claim. 2.

Ajala v. Tom

658 F. App'x 805 · Court of Appeals for the Seventh Circuit · Jul 22, 2016

shown that their conduct violated clearly established law in 2007. … On appeal Ajala argues that the district court erred in granting qualified immunity to the Defendants because, he says, it was clearly established by 2007 that using restraints to inflict prolonged, unnecessary pain on a

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).

Wayne Gerling v. Matthew Waite

2 F.4th 737 · Court of Appeals for the Eighth Circuit · Jun 23, 2021

Qualified immunity protects officers from suit under 42 U.S.C. § 1983 unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … When a defendant asserts that he is entitled to qualified immunity, the plaintiff must show that the defendant violated his constitutional right, and that the right was “clearly established” at the time of the incident.

Kelley v. CITY OF WILLIAMSON, WEST VIRGINIA

221 W. Va. 506 · West Virginia Supreme Court · Nov 21, 2007

In Baker , the court recognized that “[although qualified immunity is ‘in part an entitlement not to be forced to litigate,’ when the law is clearly established, immunity from trial is appropriate only when the plaintiff … has not demonstrated any genuine issues of material fact which must be resolved to determine whether the defendant’s actions were reasonable under clearly established 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.

Joshua Venckus v. City of Iowa City

930 N.W.2d 792 · Supreme Court of Iowa · Jun 28, 2019

One well-established immunity is the judicial process immunity. … Against this regulatory backdrop, the abandonment of the absolute immunity in favor of qualified immunity is unnecessary to achieve Venckus's stated policy objectives.