Case law

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”).

Bombard v. Volp

44 F. Supp. 3d 514 · District Court, D. Vermont · Sep 8, 2014

Qualified Immunity Officer Volp has also moved for summary judgment on the basis of qualified immunity. … An assertion of qualified immunity requires a court to determine “(1) whether plaintiff has shown facts making out [a] violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3)

Wray v. Painter

791 F. Supp. 2d 419 · District Court, E.D. Pennsylvania · Mar 28, 2011

Qualified Immunity In his Motion for Summary Judgment, Defendant asserts he is entitled to qualified immunity because he did not violate a clearly established law of which a reasonable officer in his position would have known … The Right Was Clearly Established at the Time of the Violation Under the second prong of the qualified immunity test, the Court must determine whether the right violated was clearly established at the time of the violation

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.

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

Bryant v. Louisville Metro Hous. Auth.

568 S.W.3d 839 · Missouri Court of Appeals · Mar 14, 2019

Louisville Metro, then, is clearly cloaked in sovereign immunity. … Juanita Mitchell is entitled to official qualified immunity Because we have held that LMHA is an immune entity, we must determine whether Mitchell is, therefore, extended qualified official immunity for her actions as a government

Daniel v. City of Colorado Springs

327 P.3d 891 · Supreme Court of Colorado · May 19, 2014

While a vehicle is not absolutely necessary to play golf, a parking lot next to a golf course clearly promotes golfing. … City & Cnty. of Denver, 13 P.3d 794, 799 (Colo.2000) (taking the allegations in the complaint as true for the purposes of determining whether the injured party established that a public entity waived immunity under the CGIA

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

Ryan Ferguson v. John Short

840 F.3d 508 · Court of Appeals for the Eighth Circuit · Oct 19, 2016

Qualified immunity shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would know. Id. … We therefore have jurisdiction to review reasoned denials of qualified immunity and failures or refusals to rule on qualified immunity.

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.

Harrison v. Director of Department of Corrections

194 Mich. App. 446 · Michigan Court of Appeals · Jun 1, 1992

Highest executive officials may qualify for absolute immunity because they have broad-based jurisdiction or extensive authority similar to that of a judge or legislator. Chivas, supra, p 471 . … Therefore, the trial court properly granted defendants Brown and Johnson summary disposition pursuant to MCR 2.116(C)(7) based upon governmental immunity. 1 The remaining individual defendants do not qualify as "highest executive

Rebecca Judge v. City of Lowell

160 F.3d 67 · Court of Appeals for the First Circuit · Nov 18, 1998

The Court specifically reserved judgment on the question whether its “qualified immunity jurisprudence would require a heightened pleading in eases involving individual government officials.” Id. … “This option exists,” the Court went on to state, “even if the official chooses not to plead the affirmative defense of qualified immunity.”

Dillon Bracken v. Kinchung Chung

869 F.3d 771 · Court of Appeals for the Ninth Circuit · Aug 23, 2017

Qualified Immunity We first address whether Chung may invoke the doctrine of qualified immunity. “There are two questions that must be answered” when an officer seeks qualified immunity. Jensen v. … CHUNG 7 is available generally, we must determine whether [the officer] is entitled to it in this case,” i.e., whether the officer “violated a clearly established constitutional . . . right.”

Dexter Harmon v. Officer Dexter Payne, Assistant Director, Arkansas Department of Correction; Officer James Gibson, Warden, Varner Unit; Officer James Shipman, Deputy Warden, Varner Unit; Officer Yolanda Clark, Food Service Department; Officer Laquista Swopes, Correctional Officer

592 S.W.3d 619 · Supreme Court of Arkansas · Jan 16, 2020

Under that standard, Appellees are entitled to statutory immunity unless they transgress “clearly established statutory or constitutional rights of which a reasonable person would have known.” See Rainey v. … The factual allegations within the complaint failed to establish an exception to sovereign immunity and avoid statutory immunity.

Brothers v. Monaco

363 F. Supp. 3d 1138 · District Court, D. Montana · Jan 28, 2019

Qualified immunity insulates public 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 … Under § 1983, a law enforcement officer is entitled to qualified immunity unless: (1) the officer violated a constitutional right; and (2) that constitutional right was clearly established at the time of the alleged misconduct

Villarreal v. City of Laredo

44 F.4th 363 · Court of Appeals for the Fifth Circuit · Aug 12, 2022

The district court dismissed her First Amendment infringement claim against various officials on qualified immunity grounds, finding that any violation was not clearly established at the time. … of clearly established law.

TULLIS v. KNIGHT

District Court, S.D. Indiana · Feb 9, 2023

Additionally, even if a reasonable jury could find an Eighth Amendment violation, the Defendants are entitled to summary judgment on qualified immunity grounds because Tullis has not shown a clearly established right to … Pauly. 137 S.Ct. 548, 551 (2017) ("Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Barkes Ex Rel. Barkes v. First Correctional Medical, Inc.

766 F.3d 307 · Court of Appeals for the Third Circuit · Sep 5, 2014

See id. at 678 (“In the context of determining whether there is a violation of clearly established law to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability on the subordinate … “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.”

Yang v. City of Brooklyn Park

194 F. Supp. 3d 865 · District Court, D. Minnesota · Jul 6, 2016

Qualified immunity protects a police officer from personal liability in a 42 U.S.C. § 1983 action unless the officer’s conduct violated a clearly established constitutional or statutory right. Winslow v. … When a party moves for summary judgment on the ground of qualified .immunity, “ ‘[t]he party asserting immunity always has the burden to establish the relevant predicate facts, and at the summary judgment stage, the nonmoving

Mata Ex Rel. J.A.M v. City of Farmington

791 F. Supp. 2d 1118 · District Court, D. New Mexico · Jun 13, 2011

Once the plaintiff has established the inference that the defendant’s conduct violated a clearly established constitutional right, a qualified immunity defense generally fails. See Cannon v. … They argue that Mata thus cannot satisfy his burden under the qualified immunity test and show that Rahn’s actions violated a clearly established constitutional right.