Case law

Kiser v. Garrett

67 F.3d 1166 · Court of Appeals for the Fifth Circuit · Oct 20, 1995

In September 1993, the child protective services functions of DHS were constitutional rights were not clearly established at the time in issue, the appellees are shielded by qualified immunity. … Louisiana's conclusion that the right to family integrity is not clearly established.

Contreras v. Dona Ana County Board

965 F.3d 1114 · Court of Appeals for the Tenth Circuit · Jul 20, 2020

So I join Chief Judge Tymkovich’s opinion as far as it addresses the “clearly established” prong of the qualified immunity analysis. … A court holds, as the Eleventh Circuit did, that the officer is entitled to qualified immunity because his actions did not violate any clearly established rights. See Corbitt v.

J.M.R. v. County of Talladega

686 So. 2d 209 · Supreme Court of Alabama · Nov 27, 1996

. § 1983 , the defendants raised qualified immunity as a defense. … Under the qualified immunity defense to § 1983 actions, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Margaret Cowan, Administratrix of the Estate of Victoria Cooper v. Michael Breen, Town of North Branford, Consolidated-Defendant-Appellant

352 F.3d 756 · Court of Appeals for the Second Circuit · Dec 18, 2003

If the plaintiff fails to establish a constitutional violation, the qualified immunity inquiry ends and the plaintiff may not recover. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . … Was the law clearly established? Breen, relying on County of Sacramento v.

Smith v. Kenny

678 F. Supp. 2d 1093 · District Court, D. New Mexico · Jul 24, 2009

to qualified immunity. … issue of qualified immunity.

Parker v. American Traffic Solutions, Inc.

835 F.3d 1363 · Court of Appeals for the Eleventh Circuit · Aug 31, 2016

It is by now well-established that an order denying federal qualified immunity satisfies the above requirements. See Schmelz v. Monroe Cty., 954 F.2d 1540 , 1543 (11th Cir. 1992) (citing Mitchell v. … Rule 38 sanctions are appropriately imposed against appellants who raise “clearly frivolous claims in the face of established law and clear facts.” Farese 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.”

Fairman v. Konteh

361 F. Supp. 2d 704 · District Court, N.D. Ohio · Mar 23, 2005

Qualified Immunity Qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If so — if the constitutional right was clearly established, the defendant cannot maintain the defense of qualified immunity. C.

Shattuck v. Town of Stratford

233 F. Supp. 2d 301 · District Court, D. Connecticut · Nov 13, 2002

Even where the plaintiffs, federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was objectively reasonable for him to … violate” clearly established constitutional rights).

Roberto Valderrama v. Officer Carl Rousseau

780 F.3d 1108 · Court of Appeals for the Eleventh Circuit · Mar 16, 2015

The district court granted their motions in part, but it denied them qualified immunity as to several of the § 1983 claims. The officers now appeal the denial of qualified immunity as to Mr. … clearly established.

Woods v. White

689 F. Supp. 874 · District Court, W.D. Wisconsin · Jul 27, 1988

The Court has carved out a qualified immunity for government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Therefore, the defense of qualified immunity is not available to defendants. See Forrester v.

Argueta v. Jaradi

94 F.4th 475 · Court of Appeals for the Fifth Circuit · Feb 29, 2024

Because of the disputed facts, and the clearly established law preventing officers from using deadly force after incapacitating an individual, the officer was precluded from qualified immunity. Id. at 339. … are material to the application of qualified immunity.

(PC) Perez v. Smith

District Court, E.D. California · Oct 4, 2022

Qualified Immunity 20 The defense of qualified immunity protects “government officials ... from liability for 21 civil damages insofar as their conduct does not violate … based on qualified immunity is appropriate.

Fields v. Abbott

652 F.3d 886 · Court of Appeals for the Eighth Circuit · Aug 30, 2011

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 which … due process right that Fields asserts was clearly established when the events in this case took place.

Martinez v. New York City Tr. Auth.

2022 NY Slip Op 00252 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2022

At the same time, we find that the TA was not entitled to pretrial dismissal of the complaint on the basis of qualified immunity. … In that case, the Court of Appeals emphasized that a governmental body claiming qualified immunity based on its having studied a particular condition alleged to have caused injury must establish that the study was indeed

Campbell v. Casey

166 F. Supp. 3d 144 · District Court, D. Massachusetts · Feb 29, 2016

Defendant seeks summary judgment' due to qualified immunity as well as on the merits. a. … That right has been clearly established by the U.S. Supreme Court for decades.

Minnis v. Board of Supervisors of Louisiana State University & Agricultural & Mechanical College

972 F. Supp. 2d 878 · District Court, M.D. Louisiana · Sep 18, 2013

To achieve this balance, qualified immunity shields government officials from liability when they perform discretionary functions provided that their conduct “does not violate clearly established statutory or constitutional … immunity because they do not clearly violate any of Minnis’s constitutional rights.

Burdeshaw v. Snell

350 F. Supp. 2d 944 · District Court, M.D. Alabama · Jun 4, 2004

Federal Claims and Qualified Immunity 1. General Principles Snell has pled the affirmative defense of qualified immunity. … Under the second prong, the court must determine whether the applicable law was clearly established at the time of the challenged action, that is, whether the defendant would have violated a clearly established right under

Brown v. Grove

647 F. Supp. 2d 1178 · District Court, C.D. California · Jul 16, 2009

Defendants’ Qualified Immunity Defense Is Denied Defendants have moved to dismiss the Complaint in its entirety on the ground that they are entitled to qualified immunity because they did not violate clearly established federal … To be protected under qualified immunity, a government employee must show that the right the plaintiff complains of was not clearly established at the time the defendants acted or, assuming that it was clearly established

Blankenship v. Warren County, Va.

918 F. Supp. 970 · District Court, W.D. Virginia · Mar 19, 1996

The doctrine of qualified immunity shields officials who perform discretionary functions “from civil liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … “Under Harlow , therefore, the focus of an inquiry into a defendant’s qualified immunity is ordinarily the ‘objective reasonableness’ of the official’s discretionary conduct as measured by reference to clearly established