Case law

Tidik v. Ritsema

938 F. Supp. 416 · District Court, E.D. Michigan · Jul 12, 1996

Their duties clearly qualify as adjudicative or prosecutorial. … To overcome a claim of qualified immunity under section 1983, the plaintiff must show a violation of a constitutionally protected right, and that the protected right is so clearly established that “a reasonable official would

Jewellean S. Mangaroo v. Ivory v. Nelson

864 F.2d 1202 · Court of Appeals for the Fifth Circuit · Feb 8, 1989

Government officials sued in their individual capacities for money damages are entitled to qualified immunity from liability insofar as their conduct does not violate a clearly-established constitutional right of which a … Without expressing any view on whether she actually had a property interest in her position, we hold, for the purposes of our qualified-immunity analysis, that it was not clearly established, at the time of her demotion,

Smith v. Robinson

456 F. Supp. 449 · District Court, E.D. Pennsylvania · Sep 6, 1978

Under the circumstances, the “clearly established right” aspect of Wood v. Strickland is unavailing to plaintiff here, and defendants’ assertion of qualified immunity must therefore prevail. … With respect to the equal protection claim, however, plaintiff does not even suggest that prior decisions delineate a “clearly established” right that would defeat defendants’ assertion of qualified immunity.

Coleman v. Rieck

253 F. Supp. 2d 1101 · District Court, D. Nebraska · Mar 24, 2003

Qualified Immunity Qualified immunity shields governmental officials from personal liability if their actions, even if unlawful, were “nevertheless objectively reasonable in light of the clearly established law at the time … The officers may still be entitled to qualified immunity if Coleman’s rights were not clearly established at the time of the incident.

Dean v. Earle

866 F. Supp. 336 · District Court, W.D. Kentucky · Oct 28, 1994

legal rules that were “clearly established” at the time the actions were taken. … Thus, Officer Ward did not violate Dean’s clearly established constitutional rights and is immune from monetary liability under § 1983.

Ellis v. Vance

227 F. Supp. 3d 627 · District Court, N.D. Mississippi · Jan 3, 2017

As discussed below, plaintiffs failure to offer more specific authority means that she is unable to establish the “clearly established” prong of the qualified immunity test, but it also makes it exceedingly difficult for … This court now turns to the second, or “clearly established,” prong of the qualified immunity standard. The U.S.

Conner v. Tate

130 F. Supp. 2d 1370 · District Court, N.D. Georgia · Feb 9, 2001

In Lassiter , the Eleventh Circuit held that for a law to be clearly established in the qualified immunity context, “preexisting law must dictate, that is truly compel (not just suggest or allow or raise a question about) … as clearly established law.

Currier v. Doran

242 F.3d 905 · Court of Appeals for the Tenth Circuit · Mar 1, 2001

Because Plaintiffs have alleged a clearly established constitutional claim against Defendants Doran and Gonzales, these Defendants are not entitled to qualified immunity; this court therefore affirms the district court … Clearly Established Law Once defendants raise the defense of qualified immunity, the plaintiff must demonstrate to the court that the law on which the plaintiff relies was clearly established at the time of the defendants

Johnson-El v. Schoemehl

878 F.2d 1043 · Court of Appeals for the Eighth Circuit · May 22, 1989

of clearly established law. … Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 (1987) (to overcome qualified immunity, a plaintiff must allege that the official violated a clearly established right, the contours of which are sufficiently clear that

Pamela S. Birkenholz v. Gary Sluyter, Jon P. Schrage and Larry L. Muir, Daniel Keniston and Woodhaven Learning Center

857 F.2d 1214 · Court of Appeals for the Eighth Circuit · Dec 13, 1988

If such a violation would not have been apparent in light of available remedies, Birkenholz’ due process right is not “clearly established” for qualified immunity purposes. … Because any violation could not have been apparent, Birkenholz’ due process right was not “clearly established” for qualified immunity purposes.

Kerr v. Waddell

183 Ariz. 1 · Court of Appeals of Arizona · Jul 13, 1995

that they were entitled as a matter of law to qualified immunity. … action is a violation) violates a clearly established right.

Lawrence J. Korb v. John F. Lehman, Jr. Everett Pyatt Melvyn R. Paisley, and Carl M. Smith

919 F.2d 243 · Court of Appeals for the Fourth Circuit · Jan 9, 1991

It decided, therefore, that “plaintiff’s allegations fail to state a claim of violation of clearly-established law and defendants are ... protected by qualified immunity.” Mitchell v. … The district court, therefore, was correct in finding that the appellees did not violate “clearly established” law and were thus protected from suit by qualified immunity.

Baldwin v. Estherville

333 F. Supp. 3d 817 · District Court, N.D. Iowa · Sep 14, 2018

In those jurisdictions, there cannot be liability unless the defendant violated "clearly established ... constitutional rights of which a reasonable person would have known." … In my prior ruling, as to qualified immunity to the federal constitutional clam, I concluded that it was not clearly established that Baldwin's conduct-operating his ATV in a ditch that was publicly-owned property-did not

Aspen Exploration Corp. v. Sheffield

739 P.2d 150 · Alaska Supreme Court · Jun 19, 1987

Second, Aspen asserts that our prior deci *153 sions establish a rule of qualified, rather than absolute, immunity. … See generally Comment, Immunity: Eliminating the Subjective Element from the Qualified Immunity Standard in Actions Brought Against Government Officials, 22 Washburn L.Rev. 577 (1983). *158 The one exception established to

Ex Parte Sawyer

876 So. 2d 433 · Supreme Court of Alabama · Sep 5, 2003

and the § 1983 claim against her on the basis of qualified immunity. … and qualified immunity.

Green v. Brantley

719 F. Supp. 1570 · District Court, N.D. Georgia · Jan 20, 1989

to qualified immunity. … According to Anderson , qualified immunity requires not only a finding that general legal principles were clearly established, but also a finding that the law was clearly established with such particularity that a reasonable

Tyler v. Kyler

15 Neb. Ct. App. 939 · Nebraska Court of Appeals · Sep 11, 2007

Whether an official may prevail in his or her qualified immunity defense depends upon the objective reasonableness of his or her conduct as measured by reference to clearly established law. Id. … The officers’ conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known. They were entitled to qualified immunity.

Nogueras v. University of Puerto Rico

890 F. Supp. 60 · District Court, D. Puerto Rico · Jun 13, 1995

Qualified immunity protects government officials engaging in discretionary activities from personal liability, unless a reasonable official would have known that his or her actions would violate a “clearly established” constitutional … Defendants contend that if there exists a cause of action for same-sex harassment, it is not “clearly established.” On this basis, they argue that they are entitled to a grant of qualified immunity.

Jenne v. Maranto

825 So. 2d 409 · District Court of Appeal of Florida · Aug 21, 2002

Section 216(b), in turn, clearly provides for suits by individuals against States. … Accordingly, the reasoning that underlies the immediate appealability of an order denying ... qualified immunity should be...

Burnett v. Bottoms

368 F. Supp. 2d 1033 · District Court, D. Arizona · May 2, 2005

Qualified Immunity Defendants contend that the doctrine of qualified immunity shields them from Plaintiffs § 1983 claims. … If the right is not clearly established, the individual public officials are entitled to qualified immunity if a reasonable official could have believed that his or her conduct was lawful. Thompson v.