Case law

Wimbley v. Cashion

588 F.3d 959 · Court of Appeals for the Eighth Circuit · Dec 3, 2009

The court found genuine issues of material fact whether Cashion’s reasons for discharging Wimbley were pretextual, and denied qualified immunity. II. This court reviews de novo a denial of qualified immunity. … Cashion is not entitled to qualified immunity under part one of the Saucier inquiry. B. The second Saucier inquiry is whether the right was clearly established.

William A. Newman, Ph.D. v. Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan R. Jones, and Ray M. Keck, III

Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

Qualified Immunity Qualified immunity is a defense to federal law claims that shields governmental officials performing discretionary functions from liability as long as their actions could reasonably be thought … that violated clearly established law.

Langley v. Coughlin

709 F. Supp. 482 · District Court, S.D. New York · Mar 31, 1989

The grant of qualified immunity, then, depends upon whether there was a clearly established constitutional right of which the defendants knew or should have known at the time. … established at the time, and consequently, defendants are not entitled to summary judgment on their claim of qualified immunity.

Mitchell v. Parker

271 F. Supp. 3d 1364 · District Court, N.D. Georgia · Sep 25, 2017

A plaintiff demonstrates that qualified immunity does not apply by showing “(1) the defendant violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation.” … Dowling contends that there is an absence of evidence in the record to support this claim and therefore Dowling could not have violated a clearly established constitutional right and is entitled to qualified immunity.

White v. Franklin

637 F. Supp. 601 · District Court, N.D. Mississippi · May 27, 1986

Qualified immunity is judged objectively by reference to clearly established law. Id. … Thus, if this court concludes that the individual defendants acting within their individual capacities violated such clearly established *616 constitutional or statutory rights, then qualified immunity does not bar this action

Fanning v. Montgomery County Children & Youth Services

702 F. Supp. 1184 · District Court, E.D. Pennsylvania · Dec 29, 1988

Mason argues that he violated no clearly established right of the plaintiffs, and is therefore free from liability even under the less protective cloak of qualified immunity. … Qualified Immunity The remaining question with respect to Mr. Mason is whether the plaintiffs have alleged a violation of a clearly established right of which Mr. Mason should have been aware.

Arledge v. Sherrill

738 So. 2d 1215 · Louisiana Court of Appeal · Aug 18, 1999

Additionally, a qualified immunity generally applies to most acts of government officials. 2 Id. In Harlow v. … [[Image here]] It should not be surprising, therefore, that our cases establish that the right the official is alleged to have violated must be “clearly established” in a more particularized, and hence more relevant, sense

Mullins v. Crouch

391 F. Supp. 2d 457 · District Court, N.D. Texas · Apr 28, 2005

Qualified Immunity In this case, Crouch seeks judgment on the pleadings on the basis that he is entitled to qualified immunity. … Public officials performing discretionary functions enjoy immunity from suits for damages, provided their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Pahk v. Hawaii

109 F. Supp. 2d 1262 · District Court, D. Hawaii · Jul 25, 2000

On the section 1983 claims (Counts V, VI, and VII), qualified immunity bars claims against state officials in their individual capacities if their conduct did not violate clearly established federal statutory or constitutional … The plaintiff bears the burden of proof that the right allegedly violated was clearly established at the time of the alleged misconduct.

Bradway v. Gonzales

26 F.3d 313 · Court of Appeals for the Second Circuit · Jun 10, 1994

The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … As noted above, the Supreme Court had not clearly established inadvertence as a necessary element of a lawful plain view seizure.

Lombard v. Edward J. Peters, Jr., P.C.

252 Conn. 623 · Supreme Court of Connecticut · Apr 4, 2000

Peters, Jr., P.C., 1 to strike the first count of the plaintiffs’ complaint on the ground of qualified immunity. … This appeal followed. 3 “In an appeal from a judgment granting a motion to strike, we operate in accordance with well established rules.

Roberts v. City of Shreveport

397 F.3d 287 · Court of Appeals for the Fifth Circuit · Jan 13, 2005

established law.” … Louisiana applies qualified immunity principles to state constitu- tional law claims based on “[t]he same factors that compelled the United States Supreme Court to recognize a qualified good faith immunity for state officers

Gregory Yancey v. Carroll County, Ky.

876 F.2d 1238 · Court of Appeals for the Sixth Circuit · Jun 27, 1989

A court may dismiss a 42 U.S.C. § 1983 action against government officials on summary judgment if the undisputed facts show that “defendants’ conduct, as a matter of law, did not violate clearly established constitutional … Therefore, the district court was correct in holding that as a matter of law, these defendants’ conduct had not violated “clearly established constitutional rights.”

Negron v. City of New York

976 F. Supp. 2d 360 · District Court, E.D. New York · Oct 4, 2013

An assertion of qualified immunity requires a court to determine “(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 … Whether the Constitutional Right Violated Was Clearly Established Even if their actions are found to have constituted unreasonable or excessive force, Marchesona and Pigott would still be entitled to qualified immunity if

Cooper v. Bonaventura

470 F. Supp. 2d 642 · District Court, W.D. Virginia · Jan 25, 2007

To decide a defense of qualified immunity, I must first determine whether the agent has violated a particular constitutional right and if so, next proceed to decide whether that right was clearly established at the time of … Even assuming that the seizure was not supported by probable cause, Bonaventura is still entitled to qualified immunity so long as the seizure did not violate a clearly established right of which an objectively reasonable

Emmanuel v. King County

District Court, W.D. Washington · Aug 21, 2020

Homchick’s failure to identify a protected liberty or property interest or an abuse of process also entitles Defendants to qualified immunity. See Pearson v. … point to facts that support a violation of a clearly established constitutional right) 22 (discussing Saucier v.

Kennedy Ex Rel. Gorton v. City of Ridgefield

439 F.3d 1055 · Court of Appeals for the Ninth Circuit · Mar 6, 2006

immunity, and the issue appealed concerns whether the facts demonstrated a violation of clearly established law. … Southwest Airlines, 124 F.3d 1103,1107 (9th Cir.1997) (“[W]e have jurisdiction over an interlocutory appeal from the denial of qualified immunity where the appeal focuses on whether the defendants violated a clearly established

Christina Romero v. Amanda Brown

937 F.3d 514 · Court of Appeals for the Fifth Circuit · Aug 29, 2019

The court held that a violation of the right to family integrity was not clearly established in the context of a social worker investigation, entitling both Brown and Mouton to qualified immunity. … Those allegations do not establish that the officers violated clearly established law.

Terry Lee Passmore Swann v. Southern Health

388 F.3d 834 · Court of Appeals for the Eleventh Circuit · Oct 21, 2004

The parties agree that as a private entity, SHP is not entitled to assert a qualified immunity defense. … This is particularly true in cases involving qualified immunity, where we must determine whether a defendant’s actions violated a clearly established right. 132 F3d. at 1367 (emphasis added) (citations omitted

JL ex rel. Thompson v. New Mexico Department of Health

165 F. Supp. 3d 996 · District Court, D. New Mexico · Sep 30, 2015

Defendants’ assertion of qualified immunity. … Defendants maintain that they are shielded by qualified immunity from these claims because Plaintiffs fail either to allege facts that establish actual injury or to show that the right of court access was clearly established