Case law

Rodriguez-Cruz v. Trujillo

443 F. Supp. 2d 240 · District Court, D. Puerto Rico · Aug 11, 2006

Immunity Lastly, defendant raises the qualified immunity defense. … Thus, “qualified immunity remains available to defendants who demonstrate that they acted objectively reasonably in applying clearly established law to the specific facts they faced.” Burke v.

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.

Blevins v. Denny

114 N.C. App. 766 · Court of Appeals of North Carolina · May 17, 1994

Similarly, the Court concluded that denial of a public official’s claim of qualified immunity from suit, to the extent that it turns on the legal questions of whether the conduct complained of violated “clearly established … In Mitchell , the United States Supreme Court went on to explain that entitlement [to qualified immunity] is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively

Landon Michael v. Joshua Trevena

899 F.3d 528 · Court of Appeals for the Eighth Circuit · Aug 7, 2018

"[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was 'clearly established at the time.' " District … In this case, neither party disputes the clearly-established prong of the qualified immunity analysis.

The University of Texas Rio Grande Valley v. Paul C. Kavanaugh

Texas Court of Appeals, 13th District · Feb 23, 2023

Kavanaugh responded that the record supported his contrary assertion that he was clearly better qualified for the position than Perez. … Normally, the plaintiff’s longer tenure with the employer would not establish that he was clearly better qualified than the selected candidate. See Martinez v.

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

Henry Lavado, Jr. v. Patrick W. Keohane

992 F.2d 601 · Court of Appeals for the Sixth Circuit · Apr 22, 1993

The prison officials again respond that they are entitled to qualified immunity because “[t]here is ... no clearly established law holding that a prisoner has a constitutional right to have his legal related mail opened only … whether the officers did acts which violate clearly established rights.”); Pecsi v.

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”).

James T. Martin, Jr. v. D.C. Metropolitan Police Department, Richard Xander, James T. Martin, Jr. v. D.C. Metropolitan Police Department, Richard Xander

812 F.2d 1425 · Court of Appeals for the D.C. Circuit · May 8, 1987

(footnotes omitted); Mitchell, 105 S.Ct. at 2816 (defendant entitled to dismissal on qualified immunity plea unless plaintiff states a claim of violation of clearly established law). … Harlow, 457 U.S. at 817-18 , 102 S.Ct. at 2738 . 23 The "clearly established law" and "objective reasonableness" facets of current qualified immunity doctrine tug in opposite directions where, as here, the "clearly established

Ricciuti v. New York City Transit Authority

796 F. Supp. 84 · District Court, S.D. New York · Jun 4, 1992

have been thought consistent with the rights they are alleged to have violated” in light of clearly established law____ [T]he dismissal of a claim against an officer asserting qualified immunity in no way logically entails … They can do so by establishing a good faith, qualified immunity defense. This good faith defense is not available to the municipality.

Flint ex rel. Flint v. Kentucky Department of Corrections

270 F.3d 340 · Court of Appeals for the Sixth Circuit · Oct 26, 2001

The affirmative defense of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate ‘clearly established’ statutory … violating a clearly established right of Flint’s.

Brett Kohorst v. Thomas Smith

968 F.3d 871 · Court of Appeals for the Eighth Circuit · Aug 6, 2020

Officer Smith’s actions, while a close call, did not violate a clearly established right and the district court did not err in granting qualified immunity. B. … Because a jury could reasonably conclude that Smith violated Kohorst’s clearly established right to be free from excessive force during the initial takedown, Smith is not entitled to qualified immunity on this claim.

Cope v. Coleman County

Court of Appeals for the Fifth Circuit · Jun 26, 2024

In order to overcome qualified immunity, a plaintiff must show: (1) the defendant violated the plaintiff’s constitutional rights, and (2) “the right at issue was clearly established at the time of [the] defendant’s alleged … ’s holding of Monroe in a cell containing a phone cord did not violate a clearly established constitutional right.”); id.

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

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

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

Clement v. Gomez

298 F.3d 898 · Court of Appeals for the Ninth Circuit · Aug 6, 2002

"If the law did not put the [officials] on notice that [their] conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate." Saucier, 533 U.S. at 202, 121 S.Ct. 2151 . I. … Clearly Established Law 23 The qualified immunity analysis requires us to further consider whether the rights of the prisoners in this case were clearly established at the time of incident.

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.

Anela v. City of Wildwood

595 F. Supp. 511 · District Court, D. New Jersey · Sep 7, 1984

The defendant next argues that immunity law developed in the § 1983 context entitles him to a qualified immunity. This argument, the court believes, has some merit. … It is difficult to say that this constitutional right was clearly established at the time of the events in question.

Leisure v. City of Cincinnati

267 F. Supp. 2d 848 · District Court, S.D. Ohio · May 6, 2003

Qualified Immunity for Defendant Roach Qualified immunity is a doctrine that protects “government officials acting in their official capacities from damages if their actions did not violate clearly established statutory or … The second step in qualified immunity analysis is to ask whether the alleged constitutional violations were clearly established at the time of the shooting of Timothy Thomas.