Case law

Barton v. Curtis

497 F.3d 331 · Court of Appeals for the Third Circuit · Jul 30, 2007

(2) the issue appealed concerned, not which facts the parties might be able to prove, but, rather, whether or not certain given facts showed a violation of ‘clearly established’ law.” … 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 person would have known

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.

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.

Brown v. Office of State Comptroller

211 F. Supp. 3d 455 · District Court, D. Connecticut · Sep 29, 2016

Third, defendants contend that, even if Brown’s speech was protected by the First Amendment, the law at issue is not clearly established and thus they are protected under the doctrine of qualified immunity. … Courts typically frame the qualified immunity analysis by requiring the defendant to establish one of two conditions: that “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable

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

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.

Wayne Powell, as of the Estate of Dana Kimberly Devilla v. Sunny Schriver, Superintendent Thomas A. Coughlin, III C.O. Lynch C.O. Crowley

175 F.3d 107 · Court of Appeals for the Second Circuit · Apr 2, 1999

The doctrine of qualified immunity “shields government officials from liability for damages on account of their performance of discretionary official functions ‘insofar as their conduct does not violate clearly established … The Eighth Amendment Claim The district court dismissed Devil-la’s Eighth Amendment claim on the ground of qualified immunity, reasoning that “it was not clearly established as of this incident in 1991 that a corrections

Myers v. Patterson

819 F.3d 625 · Court of Appeals for the Second Circuit · Apr 11, 2016

Without evidence regarding the grounds for Patterson’s decision, we are unable to determine whether his actions were contrary to,.clearly established law. … Given that Patterson, upon his motion for summary judgment on qualified immunity, has faded to show facts that would entitle him to qualified immunity, we would ordinarily simply reverse the grant of qualified immunity and

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.

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.

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.

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

Stipetich v. Grosshans

235 Wis. 2d 69 · Court of Appeals of Wisconsin · Apr 6, 2000

"Qualified immunity protects government officials from civil liability if their conduct does not violate a person's clearly established constitutional rights." Id. at 469 . … Although qualified immunity is an affirmative defense, the plaintiff has the burden of demonstrating "by closely analogous case law, that the defendant has violated a clearly established constitutional right." Id.

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.

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.

Norton v. Rodrigues

955 F.3d 176 · Court of Appeals for the First Circuit · Apr 7, 2020

by the Eighth Amendment and whether that right was clearly established at the relevant time). … Accordingly, to determine whether Rodrigues may have violated a clearly-established right and therefore may not be entitled to qualified immunity, we focus on the portions of the record that could reasonably be read to

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

Theresa Kitzman-Kelley, Guardian for and on Behalf of Melissa Kitzman-Kelley v. Donald Warner, Gary T. Morgan, and Gordon Johnson

203 F.3d 454 · Court of Appeals for the Seventh Circuit · Feb 10, 2000

Although clearly recognizing that the issue of qualified immunity may, in some instances, be resolved at the pleadings stage of the litigation, the district court determined that such an adjudication would be inappropriate … Qualified immunity protects government officials from monetary liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

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.

Shafer v. City of Boulder

896 F. Supp. 2d 915 · District Court, D. Nevada · Sep 12, 2012

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 person … “When a law enforcement officer asserts qualified immunity from liability for Fourth Amendment violations, the district court must determine whether, in light of clearly established principles gov *933 erning the conduct