Case law

Hunsberger v. Wood

564 F. Supp. 2d 559 · District Court, W.D. Virginia · Jul 3, 2008

immunity analysis and answers the question of whether the right was clearly established. … immunity, but private parties do not have qualified immunity.

Jantz v. Muci

976 F.2d 623 · Court of Appeals for the Tenth Circuit · Oct 9, 1992

Therefore, the court analyzed Plaintiff's qualified immunity defense under a rational basis test, holding that it was clearly established in 1988 that the government could not “ 'discriminate [against homosexuals] for the … Applying this precept as clearly established by one fellow district court, 1 the court held that Defendant was not entitled to the qualified immunity defense because he did *627 not offer a rational explanation for basing

Joseph v. Kimple

343 F. Supp. 2d 1196 · District Court, S.D. Georgia · May 10, 2004

Joseph therefore can pierce Kimple’s qualified immunity defense by showing that the law was clearly established yet Kimple violated it. … As of 10/8/99 (the day Kimple swore the warrant out), it was clearly established law that a police officer would not be protected by qualified immunity if he applied for an arrest warrant where “a reasonably well-trained

Aversa v. United States

Court of Appeals for the First Circuit · Oct 21, 1996

And a federal official is qualifiedly immune from suit for an alleged constitutional tort if his "conduct [did] not violate clearly established . . . constitutional rights of which a -3- 3 reasonable person would have known … Qualified immunity, however, must be decided according to the law in effect at the time of the alleged violation -- "implicit in the Harlow formulation . . . is a temporal dimension: the ______ right must have been clearly

TEICHBERG v. Smith

734 F. Supp. 2d 744 · District Court, D. Minnesota · Aug 17, 2010

“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 right of which a reasonable person would … Even if the seizure of the backpack was unreasonable, Defendants are nonetheless entitled to qualified immunity if the constitutional violation was not clearly established at the time of the alleged violation.

Ex Parte Colagross

674 So. 2d 1315 · Supreme Court of Alabama · Feb 9, 1996

McIntosh-Wilson, 582 So.2d 1058, 1061 (Ala.1991), Justice Adams wrote: "In their individual capacities, however, state officials may be liable for damages resulting from discretionary acts that violate `clearly established … In order to defeat a qualified immunity defense, the plaintiff `bears the burden of showing that "the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions."'" 582

Getlin v. Zoll

707 F. Supp. 2d 369 · District Court, E.D. New York · Apr 20, 2010

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 of which … “Police officers generally enjoy a qualified immunity from liability for their discretionary actions if their conduct does not ‘violate clearly established rights of which a reasonable person would have known,’ or if it is

Roybal-Mack v. N.M. Dep't of Pub. Safety

286 F. Supp. 3d 1226 · District Court, D. New Mexico · Dec 12, 2017

If the plaintiff fails to establish either part of the two-part inquiry, the court must grant the defendants qualified immunity. Id. … Whether Law Was Clearly Established The Court need not address whether the law clearly established as the second part of the qualified immunity analysis, having found that Defendants did not violate Plaintiff's constitutional

Jenkins v. Talladega City Board of Education

95 F.3d 1036 · Court of Appeals for the Eleventh Circuit · Sep 23, 1996

the Anderson Court’s clarification of the appropriate level of generality at which a right must be “clearly established” for purposes of qualified immunity. … Justice was decided a few days after the events at issue here and, therefore, does not clearly establish the law in this case for qualified immunity purposes.

Borgman v. Kedley

646 F.3d 518 · Court of Appeals for the Eighth Circuit · Jul 19, 2011

Qualified immunity protects police officers from civil liability for any action that does not violate "clearly established statutory or constitutional rights of which a reasonable person would have known." Young v. … When determining whether a state official is entitled to qualified immunity, we decide whether the alleged facts demonstrate that his conduct violated a constitutional right and whether that right was clearly established

Williams v. Fedor

69 F. Supp. 2d 649 · District Court, M.D. Pennsylvania · Aug 4, 1999

established,” *673 qualified immunity to the law enforcement officers was granted. … Although the right against self-incrimination is itself clearly established, Perschau is nevertheless entitled to qualified immunity ‘[so long as his] decision was reasonable, even if mistaken.’

Hare ex rel. Hare v. City of Corinth

22 F.3d 612 · Court of Appeals for the Fifth Circuit · Jun 10, 1994

to summary judgment on the grounds of qualified immunity. … Clearly Established Constitutional Injury In reviewing the denial of a summary judgment motion based on a claim of qualified immunity, the Supreme Court has taught that the first inquiry is whether the plaintiff has asserted

Hemphill v. Kincheloe

987 F.2d 589 · Court of Appeals for the Ninth Circuit · Mar 3, 1993

Prison officials who have implemented a digital rectal probe policy are entitled to qualified immunity if, in light of the clearly established law at the time, a reasonable official could have believed that his conduct was … To determine whether this standard is satisfied, we recently established a two-part analysis: “1) Was the law governing the official’s conduct clearly established?

Stephen C. Stem v. Ralph Ahearn and Chris Card

908 F.2d 1 · Court of Appeals for the Fifth Circuit · Aug 13, 1990

To hold the child protective services workers personally liable here, Stem must pierce the qualified immunity that they inherently enjoy by demonstrating that the workers breached “clearly established statutory or constitutional … We rejected the TDHS workers’ claim of entitlement to absolute immunity, however, for fear of immunizing intentional violations of clearly established law.

Briaheen Thomas v. Tice

948 F.3d 133 · Court of Appeals for the Third Circuit · Jan 15, 2020

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … As the Majority notes, qualified immunity does not shield a government official where she has “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v.

Torres Ocasio v. Melendez

283 F. Supp. 2d 505 · District Court, D. Puerto Rico · Sep 16, 2003

Furthermore, Defendants also assert their entitlement to qualified immunity. Qualified immunity constitutes a right not to stand trial or face the burdens of litigation. See Saucier v. … The procedures regarding qualified immunity allow for judicial review, via certiorari, on the qualified immunity issue. Id. at 207, 121 S.Ct. 2151 .

Plowman v. United States Department of the Army

698 F. Supp. 627 · District Court, E.D. Virginia · Oct 19, 1988

The balance struck in the qualified immunity standard encourages expeditious termination of meritless suits against government officials when their actions do not implicate clearly established rights. … Here, Is-bell’s actions did not implicate a clearly established constitutional right, nor were his actions inconsistent with any such right. He is, therefore, entitled to qualified immunity.

Melba J. Burrell v. The Board of Trustees of Ga. Military College, Jacob L. Goldstein, Etc., and Alva L. Baggarly, Etc., Melba J. Burrell v. The Bd. Of Trustees of Ga. Military College, Alva L. Baggarly, Individually & in His Official Capacity as Chief Exec. Officer of First Fed. Sav. & Loan Assn. Of Milledgeville, the Mayor and Aldermen of the City of Milledgeville and Unknown Co-Conspirators, James E. Baugh, Indiv. & in His Official Capacities as Mayor of the City of Milledgeville, Ga. & Chairman of the Bd. Of Tr. Of Ga. Military College, Jacob L. Goldstein, Indiv. & in His Official Capacities as a Member of the Bd. Of Dir. Of First Fed. Sav. & Loan Assn. Of Milledgeville & as a Member of the Bd. Of Tr. Of Ga. Military College, Melba J. Burrell v. The Board of Trustees of Ga. Military College, James E. Baugh, Chairman of the Board of Trustees of Ga. Military College, Jacob L. Goldstein, as a Member of the Board of Trustees of Ga. Military College, and the Mayor and Aldermen of the City of Milledgeville, Alva L. Baggarly, Etc.

970 F.2d 785 · Court of Appeals for the First Circuit · Oct 29, 1992

facts, if true, constitute a violation of clearly established law by the defendant[s]." … B. 45 In part II B., we established that public officials cannot assert qualified immunity against a section 1985(3) claim.

Reginald R. Early v. Keith Crockett, Clayborn Carroll, Roberta Lewis, and Lamon Mayo

2019 Ark. 274 · Supreme Court of Arkansas · Oct 10, 2019

Appellees, as state employees, are protected by qualified immunity. See Ark. Code Ann. § 19-10-305 (Supp. 2017). State employees’ qualified immunity extends to section 1983 claims. See Robinson v. … Under the standard of qualified immunity, a government official will be entitled to immunity so long as his actions do not violate a clearly established statutory constitutional right of which a reasonable person would

Bash v. Patrick

608 F. Supp. 2d 1285 · District Court, M.D. Alabama · Apr 9, 2009

Qualified Immunity: General Principles Qualified immunity protects government officers sued in their individual capacities from liability for civil damages so long as their conduct “does not violate clearly established statutory … Case law need not arise out of factually identical situations to clearly establish law for purposes of the qualified immunity analysis. Id. at 1351 .