Case law

Johnson v. Wright

234 F. Supp. 2d 352 · District Court, S.D. New York · Dec 6, 2002

Violation of Clearly Established Law The Supreme Court recently addressed the issue of what constitutes “clearly established law” for purposes of the qualified immunity defense. See Hope v. … Objective Reasonableness of Officers’ Actions It is not sufficient for the qualified immunity analysis to determine that the right violated was clearly established at the time of its violation.

Perry v. Mendoza

83 F.4th 313 · Court of Appeals for the Fifth Circuit · Sep 29, 2023

To overcome qualified immunity, the plaintiff must show that the officer (1) violated a constitutional right that was (2) clearly established at the time. Laviage v. Fite, 47 F.4th 402, 405–06 (5th Cir. 2022). … Even assuming those decisions stand for that categorical proposition (which we need not decide), they are too far afield from the present case to clearly establish the law for qualified immunity purposes.

Krinitt v. Idaho Department of Fish & Game

162 Idaho 425 · Idaho Supreme Court · Jul 11, 2017

Krinitt opposed the motion, arguing: (1) IDFG was not Perry’s statutory employer and therefore did not qualify for statutory immunity; and (2) even if IDFG was Perry’s statutory employer, IDFG had waived its statutory immunity … Here, IDFG qualifies as a category one statutory employer of Perry. The “Service Level Agreement” between IDFG and the DOI clearly shows IDFG contracted with the DOI to secure aviation services.

Thompson v. Mahre

110 F.3d 716 · Court of Appeals for the Ninth Circuit · Apr 7, 1997

Whether a right is “clearly established” so that a public official who violated that right would have no qualified immunity is a question of law reviewed de novo. Elder v. … All he needs is qualified immunity, which he has if “a reasonable officer could have believed [the forcible entry without announcement and opportunity to comply peaceably] to be lawful, in light of clearly established law

SER City of Bridgeport v. Hon. John Lewis Marks, Jr., Judge

233 W. Va. 449 · West Virginia Supreme Court · May 27, 2014

“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … City of Huntington, 198 W.Va. 139, 479 S.E.2d 649 (1996), absolute statutory immunity, like qualified immunity, “is an immunity from suit rather than a mere defense to liability” that “is effectively lost if the case is

Orlik Ex Rel. Orlik v. Dutchess County

603 F. Supp. 2d 632 · District Court, S.D. New York · Mar 16, 2009

Legal Standard for Qualified Immunity The doctrine of qualified immunity shields government agents from liability for their official actions, unless their conduct violates clearly established constitutional rights of which … An official is entitled to qualified immunity where: (1) the plaintiff has not alleged a violation of a constitutional right; (2) the right was not clearly established at the time of the conduct; or (3) the official’s actions

Miguel Gutierrez v. Michael Kermon

722 F.3d 1003 · Court of Appeals for the Seventh Circuit · Jul 12, 2013

Qualified immunity affords an even greater level of protection by shielding officers from “suit for damages if ‘a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Kauffman v. Pennsylvania Society for the Prevention of Cruelty to Animals

766 F. Supp. 2d 555 · District Court, E.D. Pennsylvania · Feb 16, 2011

Pertinent to qualified immunity, a defendant may raise an affirmative defense “on a Rule 12(b)(6) motion if the predicate establishing the defense is apparent from the face of the complaint.” Bethel v. … Second, “if a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.” Id.

Yarris v. County of Delaware

465 F.3d 129 · Court of Appeals for the Third Circuit · Oct 2, 2006

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the court concludes that the defendant’s conduct violated a clearly established constitutional or statutory right, it must deny the defendant the protection afforded by qualified immunity.

Mazurkiewicz v. New York City Transit Authority

810 F. Supp. 563 · District Court, S.D. New York · Jan 19, 1993

“The right of an individual not to be subjected to excessive force has long been *568 clearly established.” Calamia v. New York, 879 F.2d 1025, 1036 (2d Cir.1989). … Defendants must be objectively unreasonable in believing their acts do not violate plaintiffs clearly established constitutional rights for plaintiffs Count Four to escape summary judgment by the defense of qualified immunity

Barrett v. Board of Education

13 F. Supp. 3d 502 · District Court, E.D. North Carolina · Apr 9, 2014

Qualified immunity. … The last two prongs of the qualified immunity test turn on “the objective legal reasonableness of the action, assessed in light of legal rules that were clearly established at the time it was taken.” Cole v.

Almonte v. City Of Long Beach

478 F.3d 100 · Court of Appeals for the Second Circuit · Feb 14, 2007

Qualified Immunity Based on the "Policymaker Exception" 24 The doctrine of qualified immunity shields public officials from personal liability for official actions, "unless their conduct violates clearly established constitutional … Stated differently, an official is entitled to qualified immunity (1) if the plaintiff has not alleged a violation of a constitutional right, (2) if that right was not clearly established at the time of the conduct, or (3

Wagner v. Northern Berks Regional Police

Court of Appeals for the Third Circuit · Jul 17, 2020

C Equally important, Horner is entitled to qualified immunity because the law is not clearly established that an officer lacks probable cause where the affirmative defenses of compulsory joinder or Double Jeopardy … Does, 779 F.3d 84, 96 (2d Cir. 2015) (granting qualified immunity to officers because if a “defense rests on . . . a legal theory that is not so clearly established . . . it cannot be said that any reasonable officer would

Perry v. Lilly

District Court, W.D. Virginia · Nov 6, 2023

The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … the right was clearly established at the time of the conduct in question.

Rice v. Burks

796 F. Supp. 319 · District Court, N.D. Illinois · May 28, 1992

The Seventh Circuit, in discussing that court’s jurisdiction over an interlocutory appeal purportedly on qualified immunity grounds, explained qualified immunity as follows: The defense of qualified immunity articulated in … An official who does not violate law “clearly established” at the time, 457 U.S. at 818 , 102 S.Ct. at 2738 , is entitled not only to prevail, but to prevail before trial. Qualified immunity, we know from Mitchell [v.

Gordon v. Frank

454 F.3d 858 · Court of Appeals for the Eighth Circuit · Jul 21, 2006

The intentional delay by these officers shows deliberate disregard sufficient to reject qualified immunity. 17 Qualified immunity still protects officers accused of violating a right if the right is not clearly established … A denial of summary judgment may be treated as a final order when based on qualified immunity, but only to decide whether a certain point of law is "clearly established." Sanders v.

Wayne King v. Charles Beavers

148 F.3d 1031 · Court of Appeals for the Eighth Circuit · Jul 9, 1998

Qualified immunity protects government officials from damage liability unless their discretionary acts violated clearly established statutory or constitutional rights. See Harlow v. … We conclude Beavers is entitled to qualified immunity for two distinct reasons. A. No Clearly Established Federal Right.

Curtis Henderson v. Michael P. Lane and J. Gallassi, Curtis Henderson v. Michael P. Lane and J. Gallassi

979 F.2d 466 · Court of Appeals for the Seventh Circuit · Aug 13, 1992

An official is entitled to qualified immunity when his actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Williams v. … Thus, there is no “clearly established” right to more than one hour of exercise per week, and the defendants are entitled to qualified immunity on this claim.

Ronald Davidson v. Charles J. Scully, Superintendent, and Edward Bollinger, Correction Officer

114 F.3d 12 · Court of Appeals for the Second Circuit · May 22, 1997

Under the law of qualified immunity, government officials may be sued only for violations of “clearly established” rules of federal law. Harlow v. … Summary judgment on the basis of qualified immunity is thus appropriate only if: the asserted rights were not clearly established, or if the evidence is such that, even when it is viewed in the light most favorable to the

Kenneth R. Henderson v. Les Munn, in His Individual Capacity

439 F.3d 497 · Court of Appeals for the Eighth Circuit · Feb 28, 2006

“The question of what was known to a person who might be shielded by qualified immunity is reviewable, to determine if the known facts would inform a reasonable actor that his actions violate an established legal standard … Officer Munn’s Liability on Excessive Force Claim Qualified immunity protects a government official from liability in a section 1983 action unless the official’s conduct violated a clearly established constitutional or statutory