Case law

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.

John Young v. Mercer County Commission

849 F.3d 728 · Court of Appeals for the Eighth Circuit · Feb 27, 2017

“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 … “[C]ourts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without resolving the often more difficult question whether the purported right exists at all.”

Leonard Foster v. Dustin Patrick

806 F.3d 883 · Court of Appeals for the Sixth Circuit · Nov 20, 2015

Patrick Page 4 precluded an award of qualified immunity. Patrick filed this interlocutory appeal challenging the denial of qualified immunity. … Clearly Established Right Although it is true that the right must be clearly established in a “‘particularized’ sense,” Brosseau v. Haugen, 543 U.S. 194, 199 (2004) (per curiam) (quoting Saucier v.

Kareem Abdul Jihaad A/K/A Mitchell X. Robinson, Jr., Cross v. Joseph O'brien, Cross-Appellee

645 F.2d 556 · Court of Appeals for the Sixth Circuit · Apr 9, 1981

We reverse the judgment of the district court, however, upon our determination that the defendant established his right to qualified good faith immunity. B. … O’Brien enforced a regulation which was valid on its face and offended no “clearly established” constitutional right.

Maxwell v. Henry

815 F. Supp. 213 · District Court, S.D. Texas · Jan 19, 1993

Nuchia has filed a motion to dismiss based on qualified immunity. … In cases where a Defendant asserts qualified immunity as a defense, plaintiffs are held to a higher standard and must plead with particularity all facts establishing a right to recovery, including those which negate the qualified

Harris v. Hammon

914 F. Supp. 2d 1026 · District Court, D. Minnesota · Dec 19, 2012

Qualified immunity shields government officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … right was clearly established at the time of the alleged misconduct.

A.S. ex rel. J.S. v. Reaves

1 So. 3d 980 · Supreme Court of Alabama · Jun 27, 2008

‘An official is entitled to qualified immunity if he is performing discretionary functions and his actions do “ ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Foltz, 370 F.3d 1079 (11th Cir. 2004), the United States Court of Appeals for the Eleventh Circuit held that, to overcome qualified immunity, not only must the government official violate a clearly established statutory or

MOLINELLI-FREYTES v. University of Puerto Rico

792 F. Supp. 2d 150 · District Court, D. Puerto Rico · Apr 5, 2010

QUALIFIED IMMUNITY The “doctrine of qualified immunity protects government officials from [personal] liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … This is to say that the Court must find that “[p]ublic officials are ... entitled to qualified immunity unless the facts establish that their conduct violated a constitutional [or federal statutory] right that was clearly

Moran v. Clarke

359 F.3d 1058 · Court of Appeals for the Third Circuit · Feb 26, 2004

Id. 9 Appellants assert that the law was not clearly established. … Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), the fact remains that qualified immunity is reserved for state officials whose conduct is objectively reasonable in light of the clearly established law at

Headwaters Forest Defense v. County of Humboldt

276 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jan 11, 2002

The district court granted summary judgment on qualified immunity grounds in favor of all individual defendants except for Lewis and Philip. … Analysis Under the qualified immunity doctrine, “government officials ... generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Morse v. Massachusetts Executive Office of Public Safety Department of State Police

123 F. Supp. 3d 179 · District Court, D. Massachusetts · Aug 18, 2015

qualified immunity. … Therefore, to overcome Defendants’ qualified immunity defense, Plaintiffs must show that their rights were “clearly established” at the time of the violation.

Richard Pike v. J. Hester

891 F.3d 1131 · Court of Appeals for the Ninth Circuit · Jun 6, 2018

Clearly Established Law The conclusion that Hester violated Pike’s constitutional rights does not end our qualified immunity inquiry. We must also ask whether Hester’s conduct violated clearly established law. … If the right was not clearly established, Hester is entitled to qualified immunity.

Moreta-Ramirez v. Lemert

233 F. Supp. 2d 286 · District Court, D. Puerto Rico · Nov 26, 2002

Interpreting Harlow , the First Circuit has established a three-part inquiry to determine whether or not the doctrine of qualified immunity applies in a given situation. … as to strip the defendant of his or her qualified immunity.

Charles D. Cronen v. Texas Department of Human Services, Jean Roberts, Ann Valdez-Haines, Donna L. Burns, Socorro Alonzo, and the State of Texas

977 F.2d 934 · Court of Appeals for the Fifth Circuit · Nov 23, 1992

granted qualified immunity from damage suits. … If defendants refused to follow well-established federal regulations, they would violate clearly established rights.

Harris v. Morales

231 F. App'x 773 · Court of Appeals for the Tenth Circuit · Feb 2, 2007

right and (2) that the right was clearly established at the time of the defendant’s unlawful conduct.” … The district court did not fully consider qualified immunity; it did not address whether the applicable constitutional right was “clearly established” at the time of Captain Gore’s actions.

Jacqueline Tuggle v. Tom Mangan, Missouri Highways and Transportation Commission

348 F.3d 714 · Court of Appeals for the Eighth Circuit · Nov 6, 2003

In denying Man-gan’s qualified immunity defense, the district court stated the law was clearly established at the time Mangan acted that intentional sexual harassment by a person acting under color of state law violated the … Qualified Immunity Qualified immunity generally shields state actors from civil liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Estate of Adkins , by and through Adkins v. County of San Diego

384 F. Supp. 3d 1195 · District Court, S.D. California · Jun 7, 2019

Qualified Immunity Defendants argue that officers Vianzon and Perine are entitled to qualified immunity. (Doc. No. 52-1 at 14-17.) Plaintiff argues that the officers' actions violated clearly established law. (Doc. … Moreover, with respect to Beaver , the Court may "look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes." Boyd v.

Staco v. Miami-Dade County

536 F. Supp. 2d 1301 · District Court, S.D. Florida · Feb 26, 2008

This heightened pleading standard is important because the court in a qualified immunity case must determine whether the individual defendant’s actions violated a “clearly established” constitutional right. Id. … The affirmative defense of qualified 'immunity protects public actors from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Stevenson v. Owens State Community College

562 F. Supp. 2d 965 · District Court, N.D. Ohio · Jun 25, 2008

The key inquiry in analyzing a claim of qualified immunity is whether the defendant’s alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … As such, this Court finds that the Individual Defendants are protected by qualified immunity. IV.

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