Case law

Wiggins v. Griffin

86 F.4th 987 · Court of Appeals for the Second Circuit · Nov 20, 2023

Qualified Immunity We next turn to the doctrine of qualified immunity. … Goord, 467 F.3d 263, 279 (2d Cir. 2006) (“Summary 19 judgment on the basis of qualified immunity is not appropriate because it was clearly established law at the time of the alleged

Tubar v. Clift

453 F. Supp. 2d 1252 · District Court, W.D. Washington · Sep 22, 2006

This “qualified immunity” is determined in two steps. … Moreover, the officer in Acosta was denied qualified immunity because the law at the time of the incident in that case was also “clearly established.”

Hummel v. City of Carlisle

229 F. Supp. 2d 839 · District Court, S.D. Ohio · Sep 23, 2002

established right, qualified immunity cannot attach on summary judgment. 882 F.2d at 215-16 . … The ultimate, more particularized question in the qualified immunity context is whether Hummel had a clearly established right under the facts as he states them. This case falls into the realm of Brandenburg .

Johnson v. Williams

699 F. Supp. 2d 159 · District Court, District of Columbia · Mar 30, 2010

By definition, qualified immunity is not absolute. Rather, it “is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time

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).

Salvato Ex Rel. Estate of Salvato v. Miley

790 F.3d 1286 · Court of Appeals for the Eleventh Circuit · Jun 25, 2015

We affirm the denial of Miley’s motion for qualified immunity and remand for further proceedings. … Miley Is Not Entitled to Qualified Immunity.

Elfers v. Varnau

101 F. Supp. 3d 753 · District Court, S.D. Ohio · Mar 31, 2015

Qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … The court held that because this right was not “clearly established,” the coroner was entitled to qualified immunity from a Section 1983 claim brought after the wrong body was delivered to the family of the decedent.

Gonzalez v. City of Schenectady

728 F.3d 149 · Court of Appeals for the Second Circuit · Aug 28, 2013

The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was “clearly established”; and (3) even if the right was “clearly established … In this way, qualified immunity shields official conduct that is “ ‘objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.’ ” X-Men Sec., Inc. *155 v.

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.”

Marc Hall v. Ramsey County

801 F.3d 912 · Court of Appeals for the Eighth Circuit · Sep 14, 2015

“In [section] 1983 claims, qualified immunity shields government officials from liability and the burdens of litigation unless their conduct violated a clearly established constitutional or statutory right of which a reasonable … See Vaughn, 253 F.3d at 1128 (holding a government official is entitled to qualified immunity if a constitutional right is not “clearly established at the time of the” alleged violation).

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).

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.

CHS Industries, LLC v. United States Customs & Border Protection

653 F. Supp. 2d 50 · District Court, District of Columbia · Sep 10, 2009

. —, 129 S.Ct. 808, 815 , 172 L.Ed.2d 565 (2009), the Supreme Court gave a succinct overview of the qualified immunity doctrine: 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 would have known.”

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.

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.

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

Shroff v. Spellman

604 F.3d 1179 · Court of Appeals for the Tenth Circuit · May 4, 2010

In deciding whether Officer Spellman is entitled to qualified immunity under the second Saucier requirement.that the law must be clearly established, we must determine whether it would have been clear to a reasonable officer … Shroff had been arrested without probable cause under clearly established law.

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.

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.