Case law

Shelton v. Angelone

148 F. Supp. 2d 670 · District Court, W.D. Virginia · Mar 21, 2001

“If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Harlow, 457 U.S. at 818-819 , 102 S.Ct. 2727 . … To be clearly established for purposes of qualified immunity, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v.

Golden Rule Insurance v. Long

113 N.C. App. 187 · Court of Appeals of North Carolina · Dec 23, 1993

In order to defeat the qualified immunity, plaintiff had to show that defendant violated some clearly established constitutional rights of which a reasonable person would have known. Harlow v. … This standard determines if further proceedings are barred by qualified immunity by examining the law in existence at the time of the offense to determine if it contained “clearly established . . . rights of which a reasonable

Dull v. WEST MANCHESTER TP. POLICE DEPT.

604 F. Supp. 2d 739 · District Court, M.D. Pennsylvania · Mar 31, 2009

The court may *749 eschew difficult constitutional issues and award qualified immunity to a defendant if it is apparent that the defendant did not violate rights that were clearly established at the time the defendant acted … To determine whether a police officer enjoys qualified immunity, the court must ascertain whether the officer violated "clearly established statutory or constitutional *752 rights of which a reasonable person would have known

Curley v. Klem

298 F.3d 271 · Court of Appeals for the Third Circuit · Aug 2, 2002

If a court concludes that an officer's conduct did violate a clearly established constItutional right, then it must deny him the ~rotection afforded by qualified immunity. See id. at 2156-57. … immunity issues early in the litigation is in tension with the reality that factual disputes often need to be resolved before determining whether the defendant's conduct violated a clearly established constitutional right

Hawkins v. Baca

114 F. Supp. 2d 987 · District Court, C.D. California · Sep 22, 2000

Public officials sued under § 1983 are entitled to qualified immunity if: (1) the constitutional right they allegedly violated was not clearly established at the time of the violation; or (2) a reasonable official would have … The question was whether that policy violated clearly established law.

Owens v. Colburn

860 F. Supp. 966 · District Court, N.D. New York · Jul 26, 1994

"Public officials are entitled to qualified immunity from liability for civil damages ... as long as their conduct does not violate a clearly established statutory or constitutional right.” Mozzochi v. … It also seems that once you have determined the need for the defense of [qualified immunity], ... the officer has acted unreasonably ... and has violated clearly established law.”) see also Graham, 490 U.S. at 399 n. 12,

Gomez v. Lozano

839 F. Supp. 2d 1309 · District Court, S.D. Florida · Mar 13, 2012

Qualified immunity does not apply where (1) the facts show a constitutional-rights violation, and (2) the law clearly established that right at the time the official violated it. See Pearson v. … Therefore, qualified immunity attaches to Mr. Lozano. Even if I independently considered the clearly established-law issue, I would hold that qualified immunity attaches.

Felak v. United States

677 F. Supp. 606 · District Court, D. Minnesota · Jan 11, 1988

The complaint does not specifically allege facts which show a violation of a clearly established right and plaintiff has not submitted a responsive memorandum to the summary judgment motion. … Therefore, the defendants are entitled to summary judgment on the basis of qualified immunity.

Walnut Properties, Inc. v. City of Whittier

861 F.2d 1102 · Court of Appeals for the Ninth Circuit · Nov 9, 1988

or, alternatively, qualified immunity. … However, we reverse the district court’s denial of qualified immunity, because we hold that the law did not clearly establish that the second ordinance was unconstitutional at the time it was enacted.

PJ Ex Rel. Jensen v. Wagner

603 F.3d 1182 · Court of Appeals for the Tenth Circuit · May 5, 2010

The “clearly established” prong of the qualified immunity analysis ensures that governmental actors are given fair warning that their conduct is unconstitutional before they are held liable for damages based on that conduct … ’ claims of qualified immunity. 2.

Tillman v. Coley

703 F. Supp. 1571 · District Court, M.D. Georgia · Jan 18, 1989

denial of defendant’s claim of good faith or qualified immunity. … action is a violation) violates a clearly established right.

(PC) McNeil v. Toor

District Court, E.D. California · Jan 2, 2024

Qualified Immunity 28 In the alternative, Defendants assert they are entitled to qualified immunity because there 1 is not clearly established case law that provided Defendants … ‘clearly established’ at the time of defendant's alleged 6 misconduct.”

Perry Center, Inc. v. Heitkamp

576 N.W.2d 505 · North Dakota Supreme Court · Apr 8, 1998

Questions of qualified immunity are usually ones of law for a court to decide. Wishnatsky . … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish, his of her conduct did not violate clearly established statutory or constitutional rights of which a reasonable person

Parrish v. City of Wilmington

3 F. Supp. 3d 688 · District Court, S.D. Ohio · Feb 28, 2014

Stanforth further argues he is entitled to qualified immunity (Id.). … Riley further argues he is entitled to qualified immunity because in his view the law is not clearly established as to what process is due when an employee resigns (Id.).

Mitchell Alicea v. Aubrey Thomas

815 F.3d 283 · Court of Appeals for the Seventh Circuit · Mar 1, 2016

Grant of Qualified Immunity Improper Alicea further argues that the district court erred in grant- ing qualified immunity to both officers. … The doctrine of qual- ified immunity protects government officials from liability when their conduct does not violate clearly established statu- tory or constitutional rights of which a reasonable person would have known.

Stidham v. Texas Commission on Private Security

418 F.3d 486 · Court of Appeals for the Fifth Circuit · Jul 28, 2005

Because we find that the defendants deprived Stidham of his clearly established rights in an objectively unreasonable manner, we vacate the district court’s grant of qualified immunity and remand the … are persuaded that, for the purposes of overcoming qualified immunity, Stidham has properly demonstrated the violation of a clearly established right by showing that the defendants deprived him of his

Kenneth B. Krohn v. United States of America

742 F.2d 24 · Court of Appeals for the First Circuit · Sep 28, 1984

Further, we are cognizant that qualified immunity differs from absolute immunity in that it is not so readily decided by motion; obviously, on some occasions officials possessing only qualified immunity must stand trial. … Briscoe established an absolute immunity from section 1983 suit for a police officer/witness.

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.

Musonza v. Costanzo

District Court, District of Columbia · Aug 26, 2026

That is because the Court resolved the excessive force claim on the clearly established prong of the qualified immunity analysis. … An officer might, therefore, be entitled to qualified immunity because they did not violate a clearly established right, but nevertheless not be entitled to the qualified privilege because their use of “force was not objectively

Chesney v. City of Jackson

171 F. Supp. 3d 605 · District Court, E.D. Michigan · Mar 21, 2016

“The ultimate burden of proof is on the plaintiff to show that the defendant is not entitled to qualified immunity.” Sheets, 287 F.3d at 586 . Application of the doctrine of qualified immunity entails two inquiries. … Thus, in determining whether a government official has violated a “clearly established” constitutional right under the second prong of the qualified immunity standard, a court must inquire whether “[t]he contours of the right