Case law

Fletcher v. Town of Clinton

196 F.3d 41 · Court of Appeals for the First Circuit · Nov 8, 1999

Qualified immunity analysis is two-pronged. "First, the court must establish whether the constitutional right asserted by the plaintiff was 'clearly established' at the time of the alleged violation." St. … The charge of escape did not result in a violation of her clearly established constitutional rights, and the officers are, therefore, protected by qualified immunity. C.

Pruitt v. West Virginia Department of Public Safety

222 W. Va. 290 · West Virginia Supreme Court · Jun 3, 2008

to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … Accordingly, under Chase Securities, Trooper Kane would enjoy immunity from personal liability for official acts if his conduct did not violate clearly established laws of which a reasonable official would have known and

Chu v. Mississippi State University

901 F. Supp. 2d 761 · District Court, N.D. Mississippi · Oct 3, 2012

In evaluating a claim of qualified immunity, courts consider (1) whether the plaintiff has alleged a violation of a constitutional right, and (2) whether that right was clearly established at the time of the alleged misconduct … Qualified immunity bars suit against state officials “if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Rose v. Town of Concord

971 F. Supp. 47 · District Court, D. Massachusetts · Jul 15, 1997

Qualified immunity shields government officials from liability for civil damages when their actions “[do] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … An Officer’s “qualified immunity is pierced only if there clearly was no probable cause at the time the arrest was made.” Id.; see also Topp v. Wolkowski, 994 F.2d 45, 48 (1st Cir.1993).

Slingluff v. State

131 Haw. 239 · Hawaii Intermediate Court of Appeals · Dec 31, 2013

Therefore, their actions were not protected by a qualified immunity. … Paderes are not entitled to qualified immunity, and the Circuit Court did not err when it denied their motion for summary judgment. B.

Shqeirat v. U.S. Airways Group, Inc.

645 F. Supp. 2d 765 · District Court, D. Minnesota · Jul 24, 2009

Qualified Immunity: Whether Clearly Established The right not to be arrested unless there is probable cause is clearly established. See Goff v. Bise, 173 F.3d 1068 , 1072 (8th Cir.1999); see also Walker v. … Qualified Immunity The MAC Defendants are deprived of qualified immunity if they violated the right not to be arrested without arguable *785 probable cause or, even if they did, that right was not clearly established.

Lipson v. Anesthesia Services, P.A.

790 A.2d 1261 · Superior Court of Delaware · Oct 3, 2001

Arguably, if ASPA could establish that it provides health care services (which clearly it does) and that it “follows a formal peer review process,” its governing body would qualify as a “professional review body” when engaged … Delaware clearly recognizes “a qualified privilege of employers to make communications regarding the character, qualifications, or job performance of an employee or former employee to those who have a legitimate interest

King v. Williams

5 Ohio St. 3d 137 · Ohio Supreme Court · Jun 8, 1983

The issue presented in this case is whether the driver of an emergency medical services vehicle operated by the city of Akron, and the city itself, qualify for immunity from liability under R.C. 701.02. … Appellee Williams was clearly employed by the city of Akron as a member of the fire department. In addition, the evidence is uncontradicted that the ambulance was on an emergency run at the time of the accident.

Estate of Sauceda v. City of North Las Vegas

380 F. Supp. 3d 1068 · District Court, D. Nevada · Mar 30, 2019

Clearly Established Right "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Kisela v. … Assuming this result will obtain-as the Court must at summary judgment-Pollard's warrantless entry violated Plaintiffs' clearly established rights. The Court, therefore, denies Pollard qualified immunity.

M.W. Ex Rel. T.W. v. Madison County Board of Education

262 F. Supp. 2d 737 · District Court, E.D. Kentucky · May 7, 2003

Qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … was clearly established.

Daboul v. Board of Visitors of the College of William & Mary

64 Va. Cir. 499 · Norfolk County Circuit Court · Apr 10, 2002

action is a violation) violates a clearly established right. … Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. ...

Oswald v. Graves

819 F. Supp. 680 · District Court, E.D. Michigan · Apr 26, 1993

Qualified Immunity In his motion for dismissal, or alternatively, summary judgment, defendant raises the defense of qualified immunity. … Qualified immunity is not, however, available as a defense if the officer knew or reasonably should have known that the law clearly proscribes the action taken and that the action violated clearly established statutory or

Secot v. City of Sterling Heights

985 F. Supp. 715 · District Court, E.D. Michigan · Nov 10, 1997

A claim of qualified immunity depends on whether the defendant’s conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. … Frohm is entitled to assert the defense of qualified immunity. As held by the Sixth Circuit in Adams , the right to be free from the use of excessive force under the Fourth Amendment is a clearly established right.

Bradley v. Arkansas Department of Education

301 F.3d 952 · Court of Appeals for the Eighth Circuit · Aug 30, 2002

“If no ... right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id. … In other words, “[i]f the law did not put [the defendant] on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Saucier v.

Nicole K. Brinkman v. City of Des Moines, Iowa

Court of Appeals of Iowa · Oct 11, 2023

Further, whether the law was clearly established is inextricably intertwined with the new qualified immunity defense and only relevant to this case to the 3 The court applied only the particularity and plausibility … Id. at 782−84.  7 extent the new qualified immunity defense is operative in this case, and we already have concluded that qualified immunity is not operative

Duhani v. Town of Grafton

52 F. Supp. 3d 176 · District Court, D. Massachusetts · Sep 26, 2014

The qualified immunity analysis requires a court to decide ‘(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was “clearly established … Since Duhani has failed to establish a violation of his constitutional right, Mclnerney is entitled to qualified immunity.

Olsen v. Layton Hills Mall

312 F.3d 1304 · Court of Appeals for the Tenth Circuit · Dec 11, 2002

or statutory right was clearly established when the alleged violation occurred. … If so, we must subsequently ask “whether the right was clearly established.” Id. If the plaintiff does not satisfy either portion of the two-pronged test, the Court must grant the defendant qualified immunity. Gross v.

DiPace v. Goord

308 F. Supp. 2d 274 · District Court, S.D. New York · Mar 3, 2004

On the second issue, plaintiffs argued that the proposed defendants are not entitled to qualified immunity because the right to adequate medical care for serious medical needs was clearly established and no reasonable jury … Second, even where such a constitutional right has been violated, the government employee is entitled to qualified immunity “ ‘if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively

Martel, et al. v. Town of Chichester, et al.

2013 DNH 098 · District Court, D. New Hampshire · Jul 18, 2013

Qualified Immunity - Adinolfo “‘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 … Therefore, in the absence of a clearly established constitutional right, Adinolfo is entitled to qualified immunity. 14  The Martels contend, nevertheless, that a reasonable police

Chambers v. Pennycook

641 F.3d 898 · Court of Appeals for the Eighth Circuit · Jun 6, 2011

right was clearly established. … The second step in the qualified immunity analysis is to determine whether the right that was violated was “clearly established” at the time of the defendant’s alleged misconduct. Pearson, 129 S. Ct. at 816.