Case law

Miller v. Campbell County, Wyo.

722 F. Supp. 687 · District Court, D. Wyoming · Oct 2, 1989

QUALIFIED IMMUNITY As officials performing discretionary functions, the defendants are entitled to assert qualified immunity from this lawsuit. Harlow v. … The plaintiff merely asserts that under Harlow , the defendants are not entitled to qualified immunity because the law is clearly established that a person cannot be deprived of property without due process of law or arrested

Roman Melendez v. Inclan

641 F. Supp. 998 · District Court, D. Puerto Rico · May 9, 1986

immunity test requires a two part analysis: 1) whether the officer's conduct violated a constitutional right "clearly established" at the time of the violation, and 2) whether the government official asserting the qualified … In the present case, defendant makes no argument in support of his claim for a qualified immunity that the law prohibiting patronage dismissals was not clearly established.

Ford v. Moore

237 F.3d 156 · Court of Appeals for the Second Circuit · Jan 8, 2001

Qualified Immunity A defendant official is entitled to. qualified immunity if (1) the defendant’s actions did not violate clearly established law, or (2) it was objectively reasonable for the defendant to believe that his … actions were objectively unreasonable in light of clearly established law.

Gunasekera v. Irwin

551 F.3d 461 · Court of Appeals for the Sixth Circuit · Jan 8, 2009

established to defeat the defendants’ qualified immunity defense must wait until a factual record has been developed. … established for purposes of qualified immunity before a factual record had been developed.

Bender v. City of Seattle

99 Wash. 2d 582 · Washington Supreme Court · May 26, 1983

We believe a qualified privilege will adequately protect police officers in releasing information to the public and press. It is then the plaintiff's burden to establish an abuse of that qualified privilege to recover. … Seattle Times, supra at 492 n.5, proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence.

Hernandez v. Gates

100 F. Supp. 2d 1209 · District Court, C.D. California · Jun 20, 2000

QUALIFIED IMMUNITY A. … The City Council defendants claim that there is no clearly established law indicating that their actions were unlawful, and that they therefore have qualified immunity from suit in this case.

James Meyer v. Lana J. Robinson, Individually and as a Police Officer of the City of Lawrence

992 F.2d 734 · Court of Appeals for the Seventh Circuit · May 6, 1993

The court adopted the following rule: “The question determining the existence of qualified immunity is whether a reasonable person could have believed the defendants’ actions to be lawful in light of clearly established law … Under the Harlow standard, qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Vincson Herren and Woody Eugene Herren v. E.J. Bowyer, Individually and in His Official Capacity as Sheriff of Lee County, Georgia

850 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Aug 3, 1988

Public officials performing discretionary functions 5 enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … a grant of summary judgment based upon qualified immunity.” 841 F.2d at 1565 ; accord Webb v.

Dent v. Montgomery County Police Department

745 F. Supp. 2d 648 · District Court, D. Maryland · Sep 17, 2010

Qualified Immunity The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability.

Harvey Levin v. Lisa Madigan

692 F.3d 607 · Court of Appeals for the Seventh Circuit · Aug 17, 2012

Accord- ingly, Judge Coar believed that the constitutional right was not clearly established and qualified immunity was appropriate. Id. … Because Levin’s constitutional right was clearly established, the Individual Defendants are not entitled to qualified immunity. III.

Mosher Ex Rel. Estate of Mosher v. Nelson

589 F.3d 488 · Court of Appeals for the First Circuit · Dec 17, 2009

was 'clearly established' at the time of the defendant’s alleged violation." … Therefore, Dennehy is entitled to qualified immunity. B.

Miller v. Clinton County

544 F.3d 542 · Court of Appeals for the Third Circuit · Oct 1, 2008

The court concluded that Judge Saxton had not established that he was entitled to qualified immunity because the record did not support his claim that he had not violated Miller’s clearly established constitutional rights … Discussion The doctrine of qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Schumacher v. Halverson

467 F. Supp. 2d 939 · District Court, D. Minnesota · Dec 15, 2006

Qualified immunity shields police officers from suit for official acts as long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Unless the officer violated a clearly established constitutional right and the conduct is objectively unreasonable, qualified immunity applies. Gorra, 880 F.2d at 97 . B.

Hemphill v. Hale

677 F.3d 799 · Court of Appeals for the Eighth Circuit · May 10, 2012

The court later denied the motion, finding that Hale was not entitled to qualified immunity. … We review de novo the court’s determination that Hale is not entitled to qualified immunity, and we must decide whether the facts, construed in the light most favorable to Hemphill, established a constitutional violation,

John Lanigan, Sr. v. Village of East Hazel Crest, Illinois, Officer Robert Wasek, Chief Ray Robertson

110 F.3d 467 · Court of Appeals for the Seventh Circuit · Mar 28, 1997

Finally, the district court found that all three individual defendants were shielded from liability by qualified immunity because their conduct was not unreasonable in light of clearly established law. … Cournia set forth the test for qualified immunity as follows: First, the plaintiff must show that the law was clearly established when the challenged conduct occurred.

Griswold v. Alabama Department of Industrial Relations

903 F. Supp. 1492 · District Court, M.D. Alabama · Oct 10, 1995

Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … In light of this finding, the supervisors’ entitlement to qualified immunity depends upon whether Griswold’s allegations implicate a constitutional right clearly established at the time of the alleged wrongful activities.

Roniger v. McCall

22 F. Supp. 2d 156 · District Court, S.D. New York · Sep 15, 1998

of qualified immunity, public officials are shielded from liabili *162 ty for civil damages if they establish that (1) their conduct did not violate clearly established rights of which a reasonable person would have known … In determining the availability of a qualified immunity defense, the rights alleged to have been violated must be identified, and a determination as to whether they were “clearly established” must be - made!

Elbrader v. Blevins

757 F. Supp. 1174 · District Court, D. Kansas · Jan 17, 1991

Examining the record in a light favorable to plaintiff, we cannot hold that defendants are entitled to qualified immunity. There is a clearly established right against retaliation for constitutionally protected speech. … The unlawful intent inherent in such a retaliatory action places it beyond the scope of a police officer’s qualified immunity if the right retaliated against was clearly established. See Coen v.

Washington v. Starke

855 F.2d 346 · Court of Appeals for the Sixth Circuit · Aug 26, 1988

or not qualified immunity exists. … clearly established law.’

Parsons v. Pond

126 F. Supp. 2d 205 · District Court, D. Connecticut · Oct 24, 2000

In the event that this threshold determination reveals a possible constitutional violation, [a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was … In the event that this threshold determination reveals a possible constitutional violation, [a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was