Case law

Luster v. Ledbetter

647 F. Supp. 2d 1303 · District Court, M.D. Alabama · Aug 10, 2009

Whether the Eclectic officers are entitled to qualified immunity Chief Ledbetter, Assistant Chief Miles, and Officer Renfroe also argue that they are entitled to qualified immunity on all claims. … Ferraro, 284 F.3d 1188, 1199 (11th Cir.2002) (denying qualified immunity based on clearly excessive force where officer slammed suspect into car after she had been handcuffed); Priester v.

Yvette Felarca v. Robert Birgeneau

891 F.3d 809 · Court of Appeals for the Ninth Circuit · May 31, 2018

Nonetheless, he believed that the officers were entitled to qualified immunity because the law at the time they acted did not clearly establish the illegality of their conduct. … Nonetheless, the officers are entitled to qualified immunity because the law at the time they acted did not clearly establish the illegality of their conduct.

Akers v. Caperton

998 F.2d 220 · Court of Appeals for the Fourth Circuit · Jun 29, 1993

(“[A] core issue in resolving the immunity defense is whether state officials violated clearly established legal norms_ Thus, the availability of qualified immunity overlaps substantially the question on the merits of the … Because the defendants’ actions did not violate “clearly established” law at the time of the transfers — and did, in fact, comply with this Circuit’s established law— the district court’s qualified immunity ruling must be

Irving v. Dormire

519 F.3d 441 · Court of Appeals for the Eighth Circuit · Mar 7, 2008

A state official is protected from suit by qualified immunity so long as the official’s “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Defendants are properly denied qualified immunity only if the constitutional right violated was clearly established at the time of the offense. Reece, 60 F.3d at 491 .

Lightfoot v. Floyd

667 So. 2d 56 · Supreme Court of Alabama · Aug 4, 1995

Henson and Chief Smith and the qualified immunity of Investigator Floyd. … Lightfoot has stated a cause of action for conversion against Investigator Floyd and Floyd did not establish that he was entitled to qualified immunity as a matter of law, the summary judgment for Floyd on this claim was

Guite v. Wright

976 F. Supp. 866 · District Court, D. Minnesota · Sep 25, 1997

Claims under 42 U.S.C. § 1983 Any individual government officials performing discretionary functions have a qualified immunity defense to a Section 1983 claim for damages “insofar as their conduct does not violate clearly … in the home, the entry violated clearly established law which a reasonable officer should have known.

Bosley v. Lemmon

656 F. Supp. 2d 582 · District Court, N.D. West Virginia · Aug 31, 2009

Federal Qualified Immunity Standard Qualified immunity shields government officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … so, whether that constitu *592 tional right is clearly established.

Easterling v. Pollard

528 F. App'x 653 · Court of Appeals for the Seventh Circuit · Jul 22, 2013

The individual defendants are protected by the defense of qualified immunity: The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly … The general principles of First Amendment law we have discussed were clearly established in 2010, but the qualified immunity defense turns on whether the application of those principles to the circumstances faced by the defen

Crowson v. Washington County State, Utah

983 F.3d 1166 · Court of Appeals for the Tenth Circuit · Dec 29, 2020

Merits Analysis “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … We therefore proceed directly to the second prong of the qualified immunity analysis: whether the violation was clearly established.9 See 9 Mr. Crowson asserts that Dr.

Sweatt v. Bailey

876 F. Supp. 1571 · District Court, M.D. Alabama · Jan 31, 1995

Clearly Established Law The court now turns to the clearly established law prong of the qualified immunity test. … Because it is not clearly established that the first amendment places constraints on nonfeasance, however, the court grants Bailey qualified immunity on this claim. b.

Prokey v. Watkins

942 F.2d 67 · Court of Appeals for the First Circuit · Aug 19, 1991

The general rule of qualified immunity, set out in Harlow v. … Explaining the Harlow standard, the Court said that, [ujnless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the

Lory Lombardo v. John F. Harvey, Sandy Jenkin, Cathy Smolkovich

865 F.2d 259 · Court of Appeals for the Sixth Circuit · Dec 12, 1988

of the clearly established law and information he possessed). 9 Procedurally, this Circuit has placed the burden on the plaintiff once the issue of qualified immunity is raised: 10 Where a defendant official is entitled … to qualified immunity, the plaintiff must plead facts which, if true, describe a violation of a clearly established statutory or constitutional right of which a reasonable public official, under an objective standard would

Rogers v. Gooding

84 F. App'x 473 · Court of Appeals for the Sixth Circuit · Nov 24, 2003

Qualified Immunity for the Excessive Force Charges Qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established … not violate any clearly established principles.

Clyde Weiler v. James Purkett Leah Embly

137 F.3d 1047 · Court of Appeals for the Eighth Circuit · Mar 2, 1998

DISCUSSION Qualified immunity shields government actors from suit when, “a reasonable officer could have believed [the challenged act] to be lawful, in light of clearly established law and the information the [defendants … Contours of the Right as “Clearly Established” Normally, a determination that the plaintiff has failed to allege a violation of a constitutional right ends the qualified immunity inquiry. See, e.g., Thomas v.

Olufemi Anthony Lukan v. North Forest Isd, Gloria S. Scott, L v. Brisco

183 F.3d 342 · Court of Appeals for the Fifth Circuit · Sep 27, 1999

First, if the official’s conduct did not violate a clearly established constitutional right, the official is entitled to qualified immunity. See Jones v. Collins, 132 F.3d 1048, 1052 (5th Cir.1998). … Second, even if the official’s conduct violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable. See id.

Roberson v. Mullins

876 F. Supp. 100 · District Court, W.D. Virginia · Jan 30, 1995

Qualified immunity shields government officials from liability for civil damages when they perform discretionary functions, unless their acts violate clearly established constitutional rights of which a reasonable person … “Faced with such uncertainty, it may be preferable to err on the side of caution and ... find qualified immunity where [the court] cannot confidently state that the right was clearly established or that the officials must

Kubany v. School Board of Pinellas County

839 F. Supp. 1544 · District Court, M.D. Florida · Nov 20, 1993

QUALIFIED IMMUNITY. … Unless the state of the law was so well established that a reasonable official should have been on notice that his or her chai-' lenged conduct was unlawful, that official is entitled to qualified immunity. -.Id.

Wright v. Department of Children and Family Services

District Court, N.D. Illinois · Feb 20, 2024

“[B]ecause immunity may depend on particular facts that a plaintiff need not plead to state a claim,” a motion to dismiss does not generally provide the best procedural setting to determine qualified immunity. … See id. at 590 (qualified immunity applies if the “well-pleaded allegations, taken as true, do not state a claim of violation of clearly established law”).

Fox v. Government of the District of Columbia

924 F. Supp. 2d 264 · District Court, District of Columbia · Feb 20, 2013

Fox’s clearly established Fourth Amendment rights. … “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

Pena v. Deprisco

432 F.3d 98 · Court of Appeals for the Second Circuit · Dec 9, 2005

Qualified Immunity: Was the Constitutional Right Clearly Established? … Although it is a close question, we think that the substantive due process violation that the plaintiffs allege here was not clearly established for purposes of qualified immunity.