Case law

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

J.C. Bass v. United States Department of Agriculture

737 F.2d 1408 · Court of Appeals for the Fifth Circuit · Aug 6, 1984

The crux of Bass’s argument to the court during this discussion was that if it were shown that the defendants had violated clearly established law, the defendants would be unable to rely upon qualified immunity as a defense … Since a question of fact existed as to whether the defendants had violated clearly established law, the district court properly gave instructions on qualified immunity based on the contingency that the jury might find that

Corral v. Montgomery County

4 F. Supp. 3d 739 · District Court, D. Maryland · Mar 5, 2014

Qualified immunity is an affirmative defense to Section 1983 claims and “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability.

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.

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.

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.

Doores v. McNamara

476 F. Supp. 987 · District Court, W.D. Missouri · Sep 21, 1979

Rhodes, 416 U.S. 232, 247 , 94 S.Ct. 1683, 1692 , 40 L.Ed.2d 90, 103 (1974) established the standard when a defendant is entitled to this qualified immunity: [A] qualified immunity is available to officers of the executive … However, the mere fact that the defendant must establish that he is entitled to this qualified immunity does not mean that he is not entitled to a directed verdict. In Dellums v.

Rivas v. Freeman

940 F.2d 1491 · Court of Appeals for the Eleventh Circuit · Sep 9, 1991

In Harlow, the Supreme Court further stated that if the law regarding an individual's constitutional or statutory rights is clearly established, the qualified immunity defense ordinarily should fail. … Harlow, at 819, 102 S.Ct. at 2738 . 20 The district court denied the deputies' claim to qualified immunity noting that their combined conduct violated Rivas's clearly established constitutional rights.

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.

Cudd v. Aldrich

982 F. Supp. 463 · District Court, S.D. Texas · Nov 7, 1997

The next inquiry for qualified immunity purposes is whether Cudd’s First Amendment right to be free from political patronage dismissal was clearly established at the time of the alleged violation. … Second, and more importantly, the inquiry into qualified immunity is an objective one: the Court must determine what a reasonable public official would have understood as clearly established law.

Elbrader v. Blevins

757 F. Supp. 1174 · District Court, D. Kansas · Jan 17, 1991

Examining the record in a light favorable to plaintiff, we cannot hold that defendants are entitled to qualified immunity. There is a clearly established right against retaliation for constitutionally protected speech. … The unlawful intent inherent in such a retaliatory action places it beyond the scope of a police officer’s qualified immunity if the right retaliated against was clearly established. See Coen v.

Ivonne Padilla v. Peter Mason and Jaeson Jones

Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

Qualified immunity shields an officer if a reasonable officer could have believed the action to be lawful in light of clearly established law and the information the officer possessed. Hunter v. … Because there was no clearly established rule which would prohibit Mason from using the force that he did, he is entitled to qualified immunity.

W. Va. Dept. of Transportation, DMV v. David King, Administrator of the Estate of Wilma Ann King

238 W. Va. 369 · West Virginia Supreme Court · Nov 15, 2016

ANALYSIS This case involves our law of qualified immunity. … Peyton’s driver’s license, the DMV is not entitled to qualified immunity under the facts of this case.

Michael Durham v. David Horner

690 F.3d 183 · Court of Appeals for the Fourth Circuit · Aug 8, 2012

Hence, our qualified immunity defense involves a “two-step” inquiry, asking “first whether a constitutional violation occurred and second whether the right violated was clearly established.” Id. … Having concluded that Durham has no "viable § 1983 claim, we need not determine whether any rights [he] asserted were 'clearly established' for purposes of qualified immunity.” See Lambert v.

Dominguez v. Correctional Medical Services

555 F.3d 543 · Court of Appeals for the Sixth Circuit · Feb 17, 2009

“Under the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability from civil damages insofar as their conduct does not violate clearly' established statutory … Clearly Established Right “For a right to be clearly established, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what [she] is doing violates that right.’ ” Feathers

Morgan Hansen v. Thomas Black

872 F.3d 554 · Court of Appeals for the Eighth Circuit · Sep 18, 2017

To defeat summary judgment based on qualified immunity, Hansen must point to facts showing both that she suffered a violation of a constitutional or statutory right and that the right was clearly established at the time of … Even assuming a constitutional violation, Trooper Black is entitled to qualified immunity because his conduct did not violate a clearly established Fourth Amendment right.

Archuleta v. Wagner

523 F.3d 1278 · Court of Appeals for the Tenth Circuit · Apr 29, 2008

Archuleta’s clearly established constitutional rights because Ms. … “[Government officials performing discretionary functions generally are granted a qualified immunity and are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Lewis v. City of Mount Vernon, Mount Vernon Police Dept.

984 F. Supp. 748 · District Court, S.D. New York · Nov 13, 1997

QUALIFIED IMMUNITY Qualified immunity entitles police officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person would have known … The requirement of a clearly established right means that the inquiry to ascertain whether qualified immunity is available differs from the inquiry into whether the Fourth Amendment may have been violated.

Falto de Roman v. Municipal Government of Mayaguez

267 F. Supp. 3d 357 · District Court, D. Puerto Rico · Aug 3, 2016

The qualified immunity doctrine “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 … which bear on the issue of qualified immunity”).

Townsel v. Jamerson

240 F. Supp. 3d 894 · District Court, N.D. Illinois · Mar 6, 2017

Qualified Immunity Finally, Defendants urge the Court to dismiss Plaintiffs claims based on *905 the doctrine of qualified immunity. (Dkt. 23 at 9-11.) … Qualified immunity protects public officials from liability, trial, and interference with their duties when their conduct does not violate clearly established constitutional rights. Purtell v.