Case law

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

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,

Morrison v. Horseshoe Casino

157 N.E.3d 406 · Ohio Court of Appeals · Aug 20, 2020

Additionally, the defendant officers asserted that they are entitled to qualified immunity on the appellants’ Section 1983 claim because their conduct “did not violate a clearly established federal right which a reasonable … Plaintiff has failed to carry his burden to overcome the qualified immunity and establish the deprivation of a federally protected constitutional right.

Dube v. State University of New York

900 F.2d 587 · Court of Appeals for the Second Circuit · Apr 12, 1990

Dube’s file and the standards applicable at Stony Brook and in light of clearly established law” ... is not an answer to Dr. Dube’s claim. Summary judgment is therefore denied based on the qualified immunity defense. … Analysis It is well established that qualified immunity shields government officials performing discretionary functions from civil damages liability “insofar as their conduct does not violate clearly established statutory

Escalera-Saldado v. United States

261 F. Supp. 3d 163 · District Court, D. Puerto Rico · Sep 26, 2016

The qualified immunity doctrine “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 person … To do so, the plaintiff must show that (1) “defendants violated a statutory or constitutional right,” and that (2) “the right was clearly established at the time.” Morales, 794 F.3d at 214 .

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.

Johnson v. Perry

859 F.3d 156 · Court of Appeals for the Second Circuit · Jun 8, 2017

was clearly established at 9 the time of the challenged conduct." … Against a background of clearly 2 established law, the availability of qualified immunity "generally turns on the [defendant's conduct's] 3 'objective legal reasonableness.'" Anderson v.

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.

William G. Moore, Jr. v. Joseph B. Valder

65 F.3d 189 · Court of Appeals for the D.C. Circuit · Jan 23, 1996

Furthermore, it has not been clearly established that malicious prosecution violates any constitutional or statutory right. 11 Accord *196 ingly, the postal inspectors’ qualified immunity defeats Moore’s malicious prosecution … Qualified immunity protects a government official who performs discretionary functions from liability for civil damages if he can show that his actions did not violate "clearly established statutory or constitutional rights

Subryan v. Regents of the University of Colorado

813 F. Supp. 753 · District Court, D. Colorado · Feb 19, 1993

Qualified immunity allows a public official to escape liability if his conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … official violated the clearly established law.

Greenberg v. Kmetko

840 F.2d 467 · Court of Appeals for the Seventh Circuit · Mar 9, 1988

The defendants submit on appeal that they should be shielded from liability by qualified immunity. … A fortiori, constitutional protection for such expressions was not clearly established in 1976.

Miller v. Spiers

434 F. Supp. 2d 1064 · District Court, D. New Mexico · Feb 7, 2006

This can be provided in the form of either absolute or qualified immunity. The amount and type of immunity granted a prosecutor depends on what activity is challenged. … Qualified immunity awaits more specifics.

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.

Evans v. Ball

168 F.3d 856 · Court of Appeals for the Fifth Circuit · Mar 12, 1999

Hence, the restrictions were not a clearly established constitutional violation, and the allegation of seizure cannot abrogate qualified immunity. 1. … qualified immunity.

Murphy v. Carroll

202 F. Supp. 2d 421 · District Court, D. Maryland · May 10, 2002

To determine the applicability of qualified immunity, this court follows a two-step analysis. … “Clearly established,” for pin-poses of qualified immunity analysis, means that the “contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

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