Case law

Bueno v. Chekush

355 F. Supp. 3d 987 · District Court, D. Colorado · Dec 21, 2018

Clearly Established Law Regarding the second prong of the qualified immunity analysis, the plaintiff must demonstrate that the constitutional right was clearly established at the time of the misconduct. … The dispositive question is whether the violative nature of the particular conduct is clearly established .... Qualified immunity protects all but the plainly incompetent or those who knowingly violate the law.

Fitzpatrick v. Meyer

809 F. Supp. 1292 · District Court, S.D. Ohio · Dec 9, 1992

A defendant is entitled to summary judgment on qualified immunity grounds if he shows in light of clearly established principles that he could, as a matter of law, reasonably have believed that his actions were lawful. … The Defendants assert that qualified immunity is proper because Holbrook did not violate clearly established statutory or constitutional rights; Holbrook’s inspection of the records was within her discretionary authority

Horne v. Crozier

565 N.W.2d 50 · South Dakota Supreme Court · Jun 4, 1997

To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable officer would have known at the time. Harlow v. … . [¶ 7] Law enforcement officers will be shielded by qualified immunity if (1) their conduct violates no clearly established constitutional or statutory rights; or (2) it is objectively reasonable for them to believe their

Buchhorn v. Douglas County, Kansas, Board of Commissioners

District Court, D. Kansas · Jul 2, 2025

clearly established if a case exists that is factually identical. … than their prosecutorial duties, they are entitled to qualified immunity so long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known

William Brinsdon v. McAllen Independent Sch Dist

863 F.3d 338 · Court of Appeals for the Fifth Circuit · Jun 30, 2017

To establish that qualified immunity does not apply, Brinsdon must prove that Santos or Cavazos (1) “violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … Second, the district court held that Santos and Cavazos were entitled to qualified immunity because how existing law applied to the facts was not clearly established.

JONATHAN CRUZ VS. THE CAMDEN COUNTY POLICE DEPARTMENT (L-3570-17, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 11, 2021

Dougherty Also Has Qualified Immunity "The affirmative defense of qualified immunity protects government officials from personal liability for discretionary actions taken in the course of their public responsibilities … "[Q]ualified immunity is applicable unless the official's conduct violated a clearly established constitutional right." Lapolla v. Cnty. of Union, 449 N.J. Super. 288, 304 (App. Div. 2017) (quoting Ramos v.

Collins v. City of N.Y.

295 F. Supp. 3d 350 · District Court, S.D. Illinois · Mar 29, 2018

The second prong of the qualified-immunity analysis asks whether the right in question was 'clearly *363 established' at the time of the violation." Tolan v. … immunity was not clearly established."

James King v. United States

917 F.3d 409 · Court of Appeals for the Sixth Circuit · Feb 25, 2019

The doctrine of qualified immunity shields government officials "from liability for civil damages if their actions did not violate clearly established statutory or constitutional rights of which a reasonable person would … If a jury were to credit Plaintiff's testimony, then neither Defendant is entitled to qualified immunity because any reasonable officer would have known, based on clearly established law, that applying force-tackling Plaintiff

Justin Schimandle v. DeKalb County Sheriff's Office

114 F.4th 648 · Court of Appeals for the Seventh Circuit · Aug 28, 2024

A Qualified immunity requires the court to determine: (1) whether the record evidences the violation of a federal statu- tory or constitutional right; and if so (2) whether the right violated was clearly established at … “There is no question that [Schimandle’s] constitutional right to be free from arrest without probable cause was clearly established at the time of the incident.”

Woodard v. Mennella

861 F. Supp. 192 · District Court, E.D. New York · Aug 25, 1994

disposing of claims barred by qualified immunity.” … Under the doctrine of qualified immunity, an official is liable for damages only where his or her conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Staco v. Miami-Dade County

536 F. Supp. 2d 1301 · District Court, S.D. Florida · Feb 26, 2008

This heightened pleading standard is important because the court in a qualified immunity case must determine whether the individual defendant’s actions violated a “clearly established” constitutional right. Id. … The affirmative defense of qualified 'immunity protects public actors from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Troy Baker, and Glenn Snader, as Father and Next Friend of Jesse Snader v. City of Hamilton, Ohio, and Eric Taylor

471 F.3d 601 · Court of Appeals for the Sixth Circuit · Dec 18, 2006

If the plaintiff establishes that a constitutional violation occurred, a court must next consider “whether the right was clearly established.” Id. … When a defendant raises a defense of qualified immunity, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity. Silberstein v.

Dalton v. Town of Silver City

2 F.4th 1300 · Court of Appeals for the Tenth Circuit · Jun 28, 2021

Bascom’s clearly established right to equal protection of the law in violation of 42 U.S.C. § 1983. The Officers moved for summary judgment on the basis of qualified immunity. … The Officers filed this interlocutory appeal from that denial of qualified immunity, alleging it was not clearly established that their conduct violated Ms.

Elliott v. Cheshire County, NH

750 F. Supp. 1146 · District Court, D. New Hampshire · Nov 9, 1990

Qualified Immunity The doctrine of qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory … the defendants qualified immunity.

Jackson v. McCurry

303 F. Supp. 3d 1367 · District Court, M.D. Georgia · Dec 22, 2017

To overcome a qualified immunity defense, Plaintiffs must show both (1) that the relevant defendant violated their constitutional rights and (2) that those rights were clearly established at the time of the violation. … To overcome Oates's qualified immunity defense, Plaintiffs must prove that it was clearly established at the time of Oates's search of EDJ's phone that such a search would violate the Fourth Amendment.

Brown v. Newton County Sheriff's Office

273 F. Supp. 3d 1142 · District Court, N.D. Georgia · Aug 7, 2017

Qualified Immunity Defense Defendants argue that Officers Shirley and Ramsey are entitled to qualified immunity and therefore cannot be liable for shooting Ms. Brown. … There are three ways to show that a right was clearly established: (1) a “materially similar” case has already been decided; (2) a broad statement of principle within the Constitution, statute, or case law clearly establishes

VINAGRO v. Reitsma

260 F. Supp. 2d 425 · District Court, D. Rhode Island · May 6, 2003

Qualified Immunity Generally, “[qualified immunity shields government officials wielding discretionary powers ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … A qualified immunity defense is only available to a defendant who could not have been reasonably expected to know that he was violating a clearly established constitutional right. See Amsden, 904 F.2d at 752 .

Burns v. PA Department of Corrections

642 F.3d 163 · Court of Appeals for the Third Circuit · Apr 20, 2011

Qualified immunity shields government officials from suit even if their actions were unconstitutional as long as those officials‘ actions ―d[id] not violate clearly established statutory or constitutional rights of which … The burden of establishing qualified immunity falls to the official claiming it as a defense.

Jody Lombardo v. City of St. Louis

956 F.3d 1009 · Court of Appeals for the Eighth Circuit · Apr 20, 2020

Having concluded that the facts presented do not make out a violation of Gilbert’s constitutional rights, we need not evaluate the clearly established prong of the qualified immunity analysis. See Greenman v. … Jessen, 787 F.3d 882, 887 & n.10 (8th Cir. 2015) (affirming the district court’s grant of qualified immunity based on the constitutional violation prong even though the district court only reached the clearly established

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