Case law

Isbell v. Bellino

983 F. Supp. 2d 492 · District Court, M.D. Pennsylvania · Sep 25, 2012

Due Process Claims and Qualified Immunity The qualified immunity inquiry requires further discussion. … Thus, absolute immunity is not applicable. C. Qualified Immunity. 1. Qualified Immunity Standard.

Tamela Muir v. Decatur County, Iowa

917 F.3d 1050 · Court of Appeals for the Eighth Circuit · Mar 8, 2019

established federal rights.’” … right was clearly established at the time of the defendant’s alleged misconduct.”

Mee v. Ortega

967 F.2d 423 · Court of Appeals for the Tenth Circuit · Jun 18, 1992

Accordingly, “summary judgment in favor of a defendant seeking qualified immunity is appropriate only if the constitutional standards governing the challenged conduct were not clearly established.” Rex v. … Ortega on the basis of qualified immunity. “[T]he plaintiff cannot simply identify a clearly established right in the abstract and allege that the defendant has violated it.” Hilliard v.

Freeman v. Gore

483 F.3d 404 · Court of Appeals for the Fifth Circuit · Apr 3, 2007

denial of a public official’s motion for summary judgment based on qualified immunity.”). … Third, the deputies assert that, in any event, they are entitled to 9 qualified immunity because their actions were not objectively unreasonable in light of clearly established law.

Kelsey v. County of Schoharie

567 F.3d 54 · Court of Appeals for the Second Circuit · May 22, 2009

As a result, it would be premature to determine whether Defendants Bates and Hazzard are responsible for violating clearly established constitutional law or are immune from suit under the qualified immunity doctrine. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Opinion No. 91-562 (1991) Ag

Oklahoma Attorney General Reports · May 10, 1991

A COUNTY MAY NEVERTHELESS ESTABLISH IMMUNITY FROM TORT LIABILITY, IF IT CAN ESTABLISH FACT THAT WOULD ENTITLE IT TO ONE OF SEVERAL EXEMPTION PROVISIONS FOUND WITHIN THE ACT. … FURTHER, IMMUNITY FOR INCORPORATED CASA ORGANIZATIONS COULD ALSO BE MORE CLEARLY CONFERRED BY AMENDING THE RELEVANT PROVISION TO SPECIFICALLY ADDRESS IMMUNITY FROM VICARIOUS LIABILITY FOR THE INCORPORATED ORGANIZATION ITSELF

Deezia v. City of Lincoln

350 F. Supp. 3d 868 · District Court, D. Nebraska · Oct 29, 2018

. ----, 136 S.Ct. 305 , 308, 193 L.Ed.2d 255 (2015) (specificity in defining clearly established law for qualified immunity purposes "is especially important in the Fourth Amendment context, where the Court has recognized … For qualified immunity purposes, the question then becomes whether the law at the time of the incident clearly established that the level of force used in this context constituted excessive force. Ehlers v.

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].

McGarr v. City of Peekskill

975 F. Supp. 2d 377 · District Court, S.D. New York · Sep 27, 2013

Doctrine of Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Qualified immunity shields a defendant from standing trial or facing other burdens of litigation, “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the

Chappell v. City of Cleveland

584 F. Supp. 2d 974 · District Court, N.D. Ohio · Sep 30, 2008

In general, qualified immunity applies when government officials’ conduct in performing discretionary functions “does not violate ‘clearly established’ statutory or constitutional rights of which a reasonable person would … The Saucier Test For Qualified Immunity In Saucier v.

Brown v. Fogle

819 F. Supp. 2d 23 · District Court, District of Columbia · Oct 18, 2011

Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bame v. … "If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id.

Anthony Davila v. Robin Gladden

777 F.3d 1198 · Court of Appeals for the Eleventh Circuit · Jan 9, 2015

Here, we begin and end our qualified immunity analysis with the second question—whether it was clearly established at the time of the incident that the Defendants violated Mr. Davila’s constitutional rights. … Campos does not therefore clearly establish a right under RFRA in the Eleventh Circuit. For those reasons, these Defendants are entitled to qualified immunity. So even if Mr.

Flatford v. City of Monroe

17 F.3d 162 · Court of Appeals for the Sixth Circuit · Feb 22, 1994

To withstand a motion for summary judgment on the ground of qualified immunity, the plaintiff must establish: (1) an alleged violation which implicates clearly established law, and (2) facts sufficient to create a genuine … require action in situations not implicating clearly established rights.

Jose Zurita v. Richard Hyde

665 F.3d 860 · Court of Appeals for the Seventh Circuit · Dec 22, 2011

Nevertheless, Biang would enjoy qualified immunity as to this claim if applicable law was not clearly established as of July 1, 2004. … In some cases, the district court may conclude that even under the facts presented by the defendant, the defendant’s actions violated clearly established law and qualified immunity does not apply.

Tellier v. Fields

230 F.3d 502 · Court of Appeals for the Second Circuit · Nov 1, 2000

of clearly established rights. … Judge improperly rejected defendants’ qualified, immunity defense because Tellier failed to allege a violation of a clearly established constitutional right.

Heitschmidt v. City of Houston

161 F.3d 834 · Court of Appeals for the Fifth Circuit · Nov 23, 1998

clearly established Fourth Amendment rights, and (2) allege conduct that is objectively unreasonable. … With regard to his unlawful detention claim, Heitschmidt asserts his clearly established right to be free from unreasonable seizure of his person, a right which he maintains includes the clearly established right to be free

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

Backlund v. Barnhart

778 F.2d 1386 · Court of Appeals for the Ninth Circuit · Dec 17, 1985

those rights were clearly established at the time of the conduct at issue. … Davis extended the rule of qualified immunity to state officials. 104 S.Ct. at 3020 n. 12.

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).

Susan King v. Todd Harwood

852 F.3d 568 · Court of Appeals for the Sixth Circuit · Mar 27, 2017

to qualified immunity. . . . … , because Defendants would lose qualified immunity only if they “recklessly or knowingly” violated King’s clearly established right to be free from malicious prosecution.