Case law

Stevenson v. Owens State Community College

562 F. Supp. 2d 965 · District Court, N.D. Ohio · Jun 25, 2008

The key inquiry in analyzing a claim of qualified immunity is whether the defendant’s alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … As such, this Court finds that the Individual Defendants are protected by qualified immunity. IV.

Mutter v. Town of Salem

945 F. Supp. 402 · District Court, D. New Hampshire · Nov 14, 1996

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 or constitutional … The qualified immunity analysis in this circuit is two-pronged: (1) “the constitutional right asserted by the plaintiff [must be] clearly established at the time of the alleged violation,” and (2) “a reasonable official situated

Ty Shanaberg v. Licking Cty., Ohio

936 F.3d 453 · Court of Appeals for the Sixth Circuit · Aug 23, 2019

To overcome that immunity and make it to a jury, Shanaberg must show that (1) Stetson violated a constitutional right and (2) the violated right was clearly established when Stetson acted. Pearson v. … But I would grant qualified immunity for a different reason: it is not clearly established, in the context of this case, what level of verbal noncompliance, or “verbal belligerence,” justifies a taser’s use.

Norris v. Engles

494 F.3d 634 · Court of Appeals for the Eighth Circuit · Aug 9, 2007

“If so, then we determine whether the constitutional right was clearly established at the time.” Id. “If either question is answered in the negative, the public official is entitled to qualified immunity.” … a constitutional violation, we need not consider whether her constitutional right to due process was clearly established for purposes of qualified immunity.

Bell v. Dawson

144 F. Supp. 2d 454 · District Court, W.D. North Carolina · Apr 20, 2001

As discussed above, government officials performing discretionary functions are entitled to qualified immunity from *461 liability for civil damages to the extent that “their conduct does not violate clearly established statutory … [Qualified immunity is an immunity from suit, and not merely a defense to liability....

Ying Jing Gan v. City of New York

996 F.2d 522 · Court of Appeals for the Second Circuit · Jun 1, 1993

Such qualified immunity from suit is appropriate if a prosecutor’s conduct does not violate clearly established statutory or constitutional rights which a reasonable person would have known. Harlow v. … We held that the prosecutor was entitled to qualified immunity because he had no clearly established duty to protect at the time of the witness’s death in 1982. Id. at 102 .

Foster v. McGrail

844 F. Supp. 16 · District Court, D. Massachusetts · Jan 25, 1994

In addition, even if plaintiff succeeded in proving a prima facie claim for a state constitutional violation, he failed to overcome defendant’s qualified immunity as established *25 under state law. … is claiming “have violated a right under Federal or State constitutional or statutory law that was ‘clearly established’ at the time.”

Lowery v. County of Riley

522 F.3d 1086 · Court of Appeals for the Tenth Circuit · Apr 14, 2008

DISCUSSION Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages so long as “their conduct does not violate clearly established statutory or constitutional … If so, the court must then determine whether the right asserted was clearly established at the time of the alleged violation. See id.

Paul Frederick Lenea, Cross-Appellant v. Michael P. Lane, Cross-Appellees

882 F.2d 1171 · Court of Appeals for the Seventh Circuit · Aug 11, 1989

clearly established in 1983. … that right was “clearly established” by 1983.

Kellough v. Bertrand

22 F. Supp. 2d 602 · District Court, S.D. Texas · Sep 25, 1998

Qualified Immunity Bars Plaintiff’s Claim of Excessive Force Established law clearly provides that Plaintiff has a Fourth Amendment right to be free from the use of excessive force by police. … Plaintiffs Claim of Unlawful Arrest is not Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992).

JL ex rel. Thompson v. New Mexico Department of Health

165 F. Supp. 3d 996 · District Court, D. New Mexico · Sep 30, 2015

Defendants’ assertion of qualified immunity. … Defendants maintain that they are shielded by qualified immunity from these claims because Plaintiffs fail either to allege facts that establish actual injury or to show that the right of court access was clearly established

DeMayo v. Nugent

517 F.3d 11 · Court of Appeals for the First Circuit · Feb 22, 2008

grounds of qualified immunity. … Law enforcement officers may not violate constitutional rights, then expect qualified immunity when a court refuses to craft an unprecedented exception to a clearly established rule of law.

Franz v. Lytle

791 F. Supp. 827 · District Court, D. Kansas · Apr 15, 1992

Qualified immunity claims are governed by the objective albeit fact-intensive “clearly established law” standard enunciated in Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … ‘clearly established’ law.”

Ryle Edward Springmen v. Alexandra Williams

122 F.3d 211 · Court of Appeals for the Fourth Circuit · Aug 18, 1997

Furthermore, qualified immunity lies unless there has been a clear violation of well established constitutional law. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as then-conduct does not violate clearly established statutory

Lawson v. Gregg

140 F. Supp. 3d 873 · District Court, D. Alaska · Oct 20, 2015

could have believed that his or her conduct was lawful, in light of the clearly established law and the information the searching officers possessed.” 44 “Qualified immunity gives government officials breathing room to make … The United ‘States Supreme Court has held that a court should “not ... define clearly established law at a high level of generality.” 53 “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be

Meyers v. Redwood City

400 F.3d 765 · Court of Appeals for the Ninth Circuit · Mar 10, 2005

Defendants claim that they did not violate the Plaintiffs' constitutional rights and, in the alternative, that those rights were not clearly established and Defendants have qualified immunity from suit. … B 29 Even if we thought that the officers crossed a line established by Harris , the officers are surely entitled to qualified immunity because they could not have known that they were violating the Plaintiffs'"clearly established

Dms Imaging, Inc. v. United States

123 Fed. Cl. 645 · United States Court of Federal Claims · Oct 27, 2015

“If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Ace-Federal Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed. Cir. 2000) (quoting Locke v. … The frustration of purpose doctrine is clearly inapplicable here.

Rozek v. Topolnicki

865 F.2d 1154 · Court of Appeals for the Tenth Circuit · Jan 12, 1989

The court held that defendants Reisdorff and Liddle were entitled to qualified immunity because they were working under Topolnicki's direction, and that Rozek had not shown they had violated any clearly established constitutional … We need not reach the question of whether defendant Topolnicki was entitled to summary judgment on the defense of prosecutorial immunity for all of his actions, because the record clearly reflects his entitlement to qualified

Michael A. Galvan v. Giles Garmon

710 F.2d 214 · Court of Appeals for the Fifth Circuit · Jul 25, 1983

Appellant appeals, claiming that appellees are protected only by qualified immunity. … Qualified immunity, as redefined by the Supreme Court in Harlow , permits state officers to be subjected to suits only if the officials’ conduct clearly violated an established statutory or constitutional right of which a

Schiffbauer v. Schmidt

95 F. Supp. 3d 846 · District Court, D. Maryland · Mar 24, 2015

Furthermore, because qualified immunity is an immunity from suit “rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial,” Mitchell … “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before *853 the commencement of discovery.”