Case law

Mark Cook v. Roberta Sheldon and Nelson Saldana, New York State Troopers

41 F.3d 73 · Court of Appeals for the Second Circuit · Dec 2, 1994

We conclude that the Troopers have not yet earned qualified immunity as a matter of law because, under the facts alleged by Cook, the Troopers may be held to have violated Cook’s clearly established rights. … To evaluate the Troopers’ right to qualified immunity, we must again examine whether the malicious prosecution claim alleges a violation of Cook’s clearly established federal rights.

Pride v. Kansas Highway Patrol

793 F. Supp. 279 · District Court, D. Kansas · May 1, 1992

of the law that was clearly established at the time of the offensive conduct. … Because the threshold requirement of establishing a constitutional violation is not met, the qualified immunity analysis necessarily terminates at this point.

Dean v. Blumenthal

577 F.3d 60 · Court of Appeals for the Second Circuit · Aug 11, 2009

We hold that all requested relief, other than damages, is moot and that appellee is entitled to qualified immunity from damages because there was no clearly established right under the First Amendment to receive campaign … We also hold that appellee Richard Blumenthal is entitled to qualified immunity from Dean’s claim for damages because there was no clearly established right under the First Amendment to receive campaign contributions during

Elizabeth Harvey v. Plains Township Police Department Edward J. Walsh Ronald Dombroski Plains Township Board Joan A. Chukinas

421 F.3d 185 · Court of Appeals for the Third Circuit · Aug 30, 2005

Qualified Immunity “Qualified immunity shields public officials performing discretionary functions from § 1983 and Fourteenth Amendment liability ‘insofar as their conduct does not violate clearly established statutory or … Our qualified immunity inquiry is a two step process. First, we must determine whether the defendants violated “clearly established” rights. Id.

Patrick Stockdale v. Kim Helper

979 F.3d 498 · Court of Appeals for the Sixth Circuit · Oct 30, 2020

But because her conduct did not violate any clearly established law, qualified immunity protects her. We affirm in part and reverse in part. I. … Qualified Immunity. That leaves Helper’s qualified immunity defense against Stockdale and Dunning’s § 1983 claim.

Ferguson v. Leiter

220 F. Supp. 2d 875 · District Court, N.D. Ohio · Sep 18, 2002

Qualified Immunity Qualified immunity is an affirmative defense that shields public officials performing discretionary functions from civil damages if their conduct does not violate clearly established statutory or constitutional … Once a qualified immunity defense is raised, the “plaintiff is obliged to present facts which if true would constitute a violation of clearly established law.” Dominque v.

Dorsey v. Sokoloff

381 F. Supp. 3d 521 · District Court, D. Maryland · May 17, 2019

The second prong of the qualified immunity analysis examines whether a police officer's conduct violated a constitutional right that was clearly established at the time that the conduct occurred. … In consequence, the Fourth Circuit held that the officer was not entitled to qualified immunity for seven of the Taser shocks because he had violated the clearly established constitutional right of an arrestee to be free

Conlogue v. Hamilton

906 F.3d 150 · Court of Appeals for the First Circuit · Oct 11, 2018

officials who act incompetently or in disregard of clearly established legal principles. … Qualified immunity inoculates government officials from civil liability based on their discretionary actions and decisions which, although injurious, "do[] not violate clearly established statutory or constitutional rights

United States Ex Rel. Burlbaw v. Orenduff

400 F. Supp. 2d 1276 · District Court, D. New Mexico · Nov 15, 2005

If Plaintiffs can do so, they must then show the statutory right was clearly established. Id. … Since Plaintiffs have failed to raise an issue of fact concerning the existence of an FCA violation, the Court need not address the “clearly established law” aspect of the qualified-immunity doctrine.

Patrick Stockdale v. Kim Helper

Court of Appeals of Tennessee · May 8, 2024

any clearly established law. . . . … clearly established right of the Plaintiffs to which General Helper is alleged to have violated.”

Tisdale v. Gravitt

51 F. Supp. 3d 1378 · District Court, N.D. Georgia · Sep 30, 2014

Qualified Immunity Defendants also move for summary judgment on Plaintiffs on the alternative grounds of the affirmative defense of qualified immunity. … establish a constitutional violation; and second, whether the right violated was clearly established.

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

Nicholas v. Tucker

89 F. Supp. 2d 475 · District Court, S.D. New York · Mar 14, 2000

In consequence, summary judgment the basis of qualified immunity is not appropriate. … clearly established constitutional right.); Al-Jundi v.

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.”

Aceto v. Kachajian

240 F. Supp. 2d 121 · District Court, D. Massachusetts · Jan 24, 2003

Overview of Qualified Immunity “Qualified immunity protects public officials from section 1983 civil liability so long *124 as they ‘acted reasonably under settled law in the circumstances.’ ” Veilleux v. … Clearly Established Right Because the factual allegations — if true — show defendants violated a constitutional right, the critical question is whether the constitutional right was clearly established.

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].

Bloem v. Unknown Department of the Interior Employees

920 F. Supp. 2d 154 · District Court, District of Columbia · Feb 4, 2013

“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 of which a reasonable … Herman, 983 F.2d 107, 110 (8th Cir. 1993) (finding a “clearly established liberty interest” for qualified-immunity purposes where trial court had issued order suspending defendant’s prison sentence, and finding it “not

Brown v. Grabowski

922 F.2d 1097 · Court of Appeals for the Third Circuit · Jan 29, 1991

Anderson's strict elaboration of Harlow, establishing that an official is entitled to summary judgment on grounds of qualified immunity, unless the right that the official is alleged to have violated is both clearly established … established constitutional duty and that he was entitled to qualified immunity.

Townsend v. Jefferson County

601 F.3d 1152 · Court of Appeals for the Eleventh Circuit · Mar 30, 2010

that the deputies violated her clearly established civil rights. … immunity because Townsend had presented evidence that the deputies violated her clearly established rights under the Fourteenth Amendment.

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.