Case law

E. Irene Wrigley v. Basil G. Greanias, Individually and as State's Attorney in and for MacOn County, Illinois

842 F.2d 955 · Court of Appeals for the Seventh Circuit · Apr 13, 1988

Greanias would be entitled to qualified immunity if, at the time he acted, the law did not clearly establish that a state’s attorney was prevented from discharging someone holding this particular position. … Greanias’ claim of qualified immunity clearly is premised on acceptance of his view of the position’s re *960 sponsibilities. He does not contend that, even if Mrs.

Thomas v. Collins

860 S.W.2d 500 · Texas Court of Appeals, 1st District (Houston) · Jul 1, 1993

To meet this burden, the plaintiff must establish that the defendant’s conduct “violated clearly established statutory or constitutional rights of which a reasonable person would have known.” Brown v. … Reviewing appellant’s pleading under this standard, his allegations are sufficient to allege that Collins violated his clearly established eighth amendment rights.

State ex rel. Youth Services Systems, Inc. v. Wilson

204 W. Va. 637 · West Virginia Supreme Court · May 13, 1999

In this case, Youth Services contends that the circuit court’s ruling with regard to its entitlement to immunity was clearly erroneous as a matter of law. III. … Since the immunity provisions at issue apply only to political subdivisions, Youth Services must first qualify as a “political subdivision” to invoke statutory immunity.

Westfahl v. District of Columbia

District Court, District of Columbia · Nov 4, 2015

Qualified Immunity Defendants first contend that Officer Robinson is entitled to qualified immunity with respect to Westfahl’s excessive-force claim. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff” shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’

Wilson v. State

84 Wash. App. 332 · Court of Appeals of Washington · Dec 20, 1996

A plaintiff seeking to rebut a defendant’s claim of qualified immunity must demonstrate that the defendant’s conduct interfered with a clearly established constitutional right. White, 78 Wn. App. at 837 . … Thus, Wilson has failed to show that defendants interfered with his "clearly established” constitutional free speech rights. Consequently, the individual defendants may claim the defense of qualified immunity.

Martino v. Hogan

37 Mass. App. Ct. 710 · Massachusetts Appeals Court · Dec 13, 1994

The defendants answered with denials and defenses including the defense of “qualified immunity.” … Finally, even were it assumed that the constitutional rule was “clearly established” and violated, so that qualified immunity did not attach, the defendants could be held individually liable for damages for the infractions

Gonzalez v. Lee County Housing Authority

161 F.3d 1290 · Court of Appeals for the Eleventh Circuit · Dec 2, 1998

(en banc), cert. denied , — - U.S.-, 118 S.Ct. 412 , 139 L.Ed.2d 315 (1997) (explaining that decisions from only these courts clearly establish the law for the purposes of qualified immunity). … immunity, but this entirely discrete question: Is qualified immunity defeated where a defendant violates any clearly established duty, including one under state law, or must the clearly established right be the federal right

Sterrett v. Cowan

85 F. Supp. 3d 916 · District Court, E.D. Michigan · Feb 4, 2015

Clearly Established Defendants argue that Defendants are entitled to qualified immunity since they did not violate Sterrett’s constitutional rights and that the rights alleged and procedures sought by Sterrett are not “clearly … In response, Sterrett argues that the rights he asserts, are clearly established and that Defendants are not entitled to qualified immunity.

Coen v. Runner

854 F.2d 374 · Court of Appeals for the Tenth Circuit · Aug 16, 1988

Qualified immunity is an affirmative defense that protects government officials from personal liability unless their actions violate clearly established law of which a reasonable person would have known. Harlow v. … Coen’s contention that Runner and Lassi-ter acted under color of state law to abridge his clearly established constitutional rights is threefold.

Cook v. City of Topeka

232 Kan. 334 · Supreme Court of Kansas · Dec 3, 1982

Navarette, 434 U.S. 555 [, 55 L.Ed.2d 24 , 98 S.Ct. 855 ] (1978) (qualified immunity for prison officials and officers); Imbler v. … Clearly the routine duty to recall a bench warrant upon payment of the fine cannot be construed as a quasi-judicial act.

Richard Pike v. J. Hester

891 F.3d 1131 · Court of Appeals for the Ninth Circuit · Jun 6, 2018

Clearly Established Law The conclusion that Hester violated Pike’s constitutional rights does not end our qualified immunity inquiry. We must also ask whether Hester’s conduct violated clearly established law. … If the right was not clearly established, Hester is entitled to qualified immunity.

Hynson v. City of Chester, Legal Department

864 F.2d 1026 · Court of Appeals for the Third Circuit · Dec 23, 1988

This is the essence of the constitutional right which the plaintiffs must show was clearly established at the time of the alleged violation in order to negate the police officers' qualified immunity. B. … know, we first addressed the nature of the right claimed before determining whether it was clearly established at the time of the conduct. 26 The reference to clearly established rights in Harlow and Stoneking means more

Rodriguez v. Laredo Independent School District

82 F. Supp. 2d 679 · District Court, S.D. Texas · Feb 2, 2000

Superintendent Cruz CV Qualified Immunity .In Harlow v. … ’s actions did not violate ... clearly established First Amendment rights.”).

Demoret v. Zegarelli

451 F.3d 140 · Court of Appeals for the Second Circuit · Jun 8, 2006

I Qualified Immunity Qualified immunity protects government officials from civil liability when performing discretionary duties “insofar as their conduct does not violate clearly established statutory or constitutional rights … clearly established law.

Julian Betton v. David Belue

942 F.3d 184 · Court of Appeals for the Fourth Circuit · Nov 5, 2019

Officer Belue appeals only the court’s denial of qualified immunity with respect to the excessive force claim. … The burden of establishing the affirmative defense of qualified immunity rests on the party seeking to invoke it. Id.

Eddie Humes, Sr. v. Misty Jones

109 F.4th 1112 · Court of Appeals for the Eighth Circuit · Jul 31, 2024

Lieutenant Jones and Deputy Gray asserted qualified immunity in their motion for summary judgment, which the district court 1 denied in relevant part. … Thus, the right that Humes asserts was clearly established, and the district court properly denied Lieutenant Jones and Deputy Gray’s motion for summary judgment asserting qualified immunity.

Brumley v. Utah State Tax Commission

220 Utah Adv. Rep. 45 · Utah Supreme Court · Sep 2, 1993

However, a plaintiff who seeks damages for violation of a constitutional or statutory right may overcome the defendant officials’ qualified immunity only by showing that those rights were clearly established at the time of … Because the constitutional rights in question were not “clearly established” during the twenty-day period, we find no error in the district court’s dismissal of plaintiffs’ civil rights action on the ground of qualified immunity

Norwood v. Woodford

583 F. Supp. 2d 1200 · District Court, S.D. California · Sep 5, 2008

The defense 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 … “If the law did not put the officer on notice that his conduct would be clearly unlawful,” a finding of qualified immunity is appropriate, as “qualified immunity protects ‘all but the plainly incompetent or those who knowingly

Wright v. Dee

54 F. Supp. 2d 199 · District Court, S.D. New York · May 28, 1999

A state actor is qualifiedly immune where his actions did not violate rights that a reasonable person would have known were clearly established. Stuto v. Fleishman, 164 F.3d 820, 825 (2d Cir.1999). … Defendants assert that they are entitled to qualified immunity because it was not clearly established at the time of Wright’s disciplinary hearing that assignment to the SHU for three years and the loss of good time credits

Judy Baker Mary Allison and Bonnie Johnson v. Pat Hadley, Columbiana County Auditor

72 F.3d 129 · Court of Appeals for the Sixth Circuit · Dec 5, 1995

The Supreme Court has also instructed that when analyzing whether a right is clearly established, the court must carefully define the right at issue: 9 The operation of this ["clearly established law"] standard, however, … action is a violation) violates a clearly established right.