Case law

Kelley v. LaForce

288 F.3d 1 · Court of Appeals for the First Circuit · Feb 8, 2002

immunity so long as their actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … qualified immunity).

Ralph Walsh, Jr. v. Lisa Hodge

975 F.3d 475 · Court of Appeals for the Fifth Circuit · Sep 15, 2020

Because Walsh’s deprivations of due process were not clearly established constitutional rights, we REVERSE the district court’s denial of qualified immunity and RENDER judgment in favor of Defendants. … immunity analysis: was Walsh’s constitutional right clearly established?

Parker v. Hyatt

196 N.C. App. 489 · Court of Appeals of North Carolina · Apr 21, 2009

Clearly, the legislature intended § 113-136(1) to pertain to all portions of § 113-136 in order to establish constitutional parameters to the authority given to protectors and inspectors. … Based on our determination, we need not address defendant’s argument regarding good faith qualified immunity.

Pettus v. McGinnis

533 F. Supp. 2d 337 · District Court, W.D. New York · Feb 11, 2008

Qualified immunity shields public officials “from civil damages liability insofar as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,’ Harlow … immunity was limited to whether right allegedly violated was clearly established at the time of the incident, and concluding that it was not).

Thompson v. Eason

258 F. Supp. 2d 508 · District Court, N.D. Texas · Mar 28, 2003

“The bifurcated test for qualified immunity asks whether the plaintiff has alleged a violation of a clearly established right and, if so, whether the defendants’] conduct was objectively unreasonable.” Palmer v. … in light of that then clearly established law.”

James v. City of Birmingham

926 F. Supp. 2d 1260 · District Court, N.D. Alabama · Feb 19, 2013

Qualified immunity “offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … that were allegedly violated were clearly established.

Jeffrey Cozzi v. Cedrick Thomas

892 F.3d 1288 · Court of Appeals for the Eleventh Circuit · Jun 19, 2018

Because Cozzi was arrested without arguable probable cause, “[t]he second qualified immunity inquiry is, in the context of this case, straightforward: our binding precedent clearly established, at the time of [Cozzi’s] … established law and thus is not entitled to qualified immunity.

Ramirez v. Hempstead Union Free School District Board of Education

33 F. Supp. 3d 158 · District Court, E.D. New York · Jul 16, 2014

The doctrine of qualified immunity “protects public officials from liability for civil damages when ... the defendant’s action did not violate clearly established law, or ... it was objectively reasonable for the defendant … For a right to be “clearly established” for purposes of qualified immunity, “it is sufficient if decisions of the Supreme Court or of the appropriate circuit have defined the contours of the right with reasonable specificity

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.

Ruffins v. Department of Correctional Services

907 F. Supp. 2d 290 · District Court, E.D. New York · Nov 2, 2012

Legal Standard Government actors may be shielded from liability for civil damages by qualified immunity, i.e., if their “conduct did not violate plaintiffs clearly established rights, or if it would have been objectively … Cuomo, 465 Fed.Appx. 42, 45 (2d Cir.2012) (defendants entitled to qualified immunity because “neither clearly established principles of double jeopardy nor due process prohibited defendants from administratively imposing

Frazier v. Williams

620 F. Supp. 2d 103 · District Court, District of Columbia · Jun 2, 2009

Callahan, — U.S. -, 129 S.Ct. 808, 815 , 172 L.Ed.2d 565 (2009), the Supreme Court gave the following succinct overview of the qualified immunity doctrine: The doctrine of qualified immunity protects government officials … Consequently, she is entitled to qualified immunity. B.

Schaffrath on Behalf of RJJ v. Thomas

993 F. Supp. 842 · District Court, D. Utah · Jan 28, 1998

clearly established at the time of the conduct *847 at issue. … “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found' the law to be

Perez-Morciglio v. Las Vegas Metropolitan Police Department

820 F. Supp. 2d 1111 · District Court, D. Nevada · Oct 25, 2011

Plaintiffs also have established their rights were clearly established. … Because the qualified immunity inquiry is entwined with the merits, genuine issues of fact remain as to whether Scott and Schaier are entitled to qualified immunity.

Zimmerman v. Spears

428 F. Supp. 759 · District Court, W.D. Texas · Jan 3, 1977

JUDICIAL IMMUNITY The Plaintiffs’ allegations concerning the Judicial Defendants and the record in SA-76-CA-152 clearly show that their actions were well within the scope of their judicial duties. … Even under this qualified good faith immunity, these defendants are immune from suit.

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.

Simkins v. Bruce

406 F.3d 1239 · Court of Appeals for the Tenth Circuit · May 9, 2005

II Our analysis of qualified immunity involves two steps. … Plaintiff has asserted the violation of a clearly established constitutional right. Accordingly, the entry of summary judgment for defendants on the basis of qualified immunity was error.

Jamal Stephenson v. John Doe

332 F.3d 68 · Court of Appeals for the Second Circuit · Jun 13, 2003

The court indicated that, depending on the jury's answers to the interrogatories, he might have to "decide whether the law was clearly established and whether qualified immunity would attach." … The court later emphasized that this law was clearly established for purposes of qualified immunity.

Lord v. Murphy

561 A.2d 1013 · Supreme Judicial Court of Maine · Jul 12, 1989

The defendants by their answer asserted, inter alia, the defense of absolute immunity or, in the alternative, qualified immunity. … In Mitchell , the Supreme Court held that qualified immunity, similar to absolute immunity, is an entitlement of “an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively

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.

Dill v. City of Edmond

155 F.3d 1193 · Court of Appeals for the Tenth Circuit · Aug 28, 1998

Qualified Immunity Defendants argue that the district court erred in denying Vetter qualified immunity. Our analysis of the qualified immunity defense is two-pronged. … In this case, because Vetter’s qualified immunity was predicated on the basis that the law was not clearly established, qualified immunity does not shield the City of Edmond.