Case law

Dunn v. City of Boynton Beach

192 F. Supp. 3d 1310 · District Court, S.D. Florida · Jun 14, 2016

A public official performing a discretionary function enjoys qualified immunity in a civil action for damages if his or her conduct “does not violate clearly established federal statutory or constitutional rights of which … Qualified immunity may be raised in a motion to dismiss. Skrtich v.

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.

Dorothea Gravely v. John Madden

142 F.3d 345 · Court of Appeals for the Sixth Circuit · Apr 21, 1998

He is therefore entitled to qualified immunity. … Put another way, the question of whether Madden is protected by qualified immunity turns on the objective reasonableness of his actions, assessed in light of the legal rules that were clearly established at the time they

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

Joseph v. Kimple

343 F. Supp. 2d 1196 · District Court, S.D. Georgia · May 10, 2004

Joseph therefore can pierce Kimple’s qualified immunity defense by showing that the law was clearly established yet Kimple violated it. … As of 10/8/99 (the day Kimple swore the warrant out), it was clearly established law that a police officer would not be protected by qualified immunity if he applied for an arrest warrant where “a reasonably well-trained

De Smet v. Snyder

653 F. Supp. 797 · District Court, E.D. Wisconsin · Feb 12, 1987

The plaintiffs, in turn, must overcome the immunity defense by showing that their allegations, if true, did violate constitutional rights clearly established at the time. … of clearly established constitutional rights.

Stephens v. Hamilton County Jobs & Family Services

46 F. Supp. 3d 754 · District Court, S.D. Ohio · Sep 2, 2014

Qualified immunity The doctrine of qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory … The Sixth Circuit explained further: To overcome an officer’s entitlement to qualified immunity, however, a plaintiff must establish: (1) a substantial showing that the defendant stated a deliberate falsehood or showed reckless

Clayton Franklin v. Franklin County, Arkansas

956 F.3d 1060 · Court of Appeals for the Eighth Circuit · Apr 24, 2020

The Griffiths are entitled to qualified immunity on their federal claim if their conduct did not violate clearly established constitutional rights of which a reasonable person would know. See White v. Pauly, 137 S. … Broadly defined rights by themselves do not create clearly established law outside an "obvious case," see Kisela v. Hughes, 138 S.

Young v. Lacy

District Court, S.D. West Virginia · Sep 28, 2018

See Pearson, 555 U.S. at 243 (holding that “petitioners [were] entitled to qualified immunity because [they] . . . did not violate clearly established law.”). … establish, it is unnecessary for this court to analyze this portion of the qualified immunity inquiry.

Marshall v. Switzer

900 F. Supp. 604 · District Court, N.D. New York · Oct 4, 1995

Accordingly, in order to establish the defense of qualified immunity, an official “must satisfy one of two tests: either that his conduct did not violate ‘clearly established’ rights of which a reasonable person would have … Absent a violation of a “clearly established” right, an official is entitled to summary judgment based upon qualified immunity. See, e.g., Richardson v. Selsky, 5 F.3d 616, 621 (2d Cir.1993).

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

Ward v. Olson

939 F. Supp. 2d 956 · District Court, D. Minnesota · Apr 8, 2013

Excessive Force “The doctrine of qualified immunity protects [law enforcement] officers from personal liability under § 1983 insofar as their conduct does not violate clearly established ... constitutional rights of which … Clearly Established Constitutional Right A right is clearly established if “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” White v.

Moore v. Newton

220 F. Supp. 3d 275 · District Court, E.D. New York · Dec 1, 2016

“Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable … Qualified immunity extends to circumstances where an official’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” and applies “regardless of whether

Baird v. Renbarger

576 F.3d 340 · Court of Appeals for the Seventh Circuit · Aug 3, 2009

Renbarger’s qualified immunity defense. … We therefore proceed to the second step of the qualified-immunity inquiry and ask whether the right at issue was clearly established: [T]he right the official is alleged to have violated must have been “clearly established

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.

Weyel v. Catania

52 Conn. App. 292 · Connecticut Appellate Court · Mar 16, 1999

“The defense of qualified immunity shields government officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … App. 387, 395 , 682 A.2d 1112 , cert. denied. 239 Conn. 946 , 686 A.2d 122 (1996). “ ‘As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional

Ecclesiastical Order of the ISM of AM, Inc. v. Chasin

653 F. Supp. 1200 · District Court, E.D. Michigan · Nov 24, 1986

Defend.ants claim that they have satisfied the requisite test for qualified immunity; to wit, the “objective reasonableness of an official’s conduct as measured by reference to clearly established law.” Harlow v. … Agents of the IRS do not have absolute immunity — only qualified immunity — from suit. Mitchell v. Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985).

Albers v. Whitley

546 F. Supp. 726 · District Court, D. Oregon · Aug 31, 1982

QUALIFIED IMMUNITY. Prison officials enjoy a qualified immunity from damages in § 1983 actions. Procunier v. Navarette, 434 U.S. 555 , 561— 62, 98 S.Ct. 855, 859-60 , 55 L.Ed.2d 24 (1978). … Here, there was no clearly established constitutional right to be free from the use of deadly force administered for the necessary purpose of quelling a prison riot and rescuing a hostage.