Case law

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 .

Bradley v. Arkansas Department of Education

301 F.3d 952 · Court of Appeals for the Eighth Circuit · Aug 30, 2002

“If no ... right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Id. … In other words, “[i]f the law did not put [the defendant] on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Saucier v.

DiPace v. Goord

308 F. Supp. 2d 274 · District Court, S.D. New York · Mar 3, 2004

On the second issue, plaintiffs argued that the proposed defendants are not entitled to qualified immunity because the right to adequate medical care for serious medical needs was clearly established and no reasonable jury … Second, even where such a constitutional right has been violated, the government employee is entitled to qualified immunity “ ‘if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively

Secot v. City of Sterling Heights

985 F. Supp. 715 · District Court, E.D. Michigan · Nov 10, 1997

A claim of qualified immunity depends on whether the defendant’s conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. … Frohm is entitled to assert the defense of qualified immunity. As held by the Sixth Circuit in Adams , the right to be free from the use of excessive force under the Fourth Amendment is a clearly established right.

Larry J. Leaf, Individually and as Personal Representative of the Estate of John P. Leaf, Deceased, Martha A. Leaf, John P. Leaf v. Ronald Shelnutt

400 F.3d 1070 · Court of Appeals for the Seventh Circuit · Mar 18, 2005

of one ‘clearly established’ right .... ”); see also International Action Center v. … We note that, even if we had found that the Fourth Amendment forbade the search at issue here, Deputy Shelnutt still would be entitled to qualified immunity, because it is not clearly established that such a sweep violates

Everitt v. DeMarco

704 F. Supp. 2d 122 · District Court, D. Connecticut · Mar 30, 2010

Defendants are entitled to qualified immunity. … Qualified Immunity The individual Defendants assert that they are entitled to qualified immunity because their actions did not violate any clearly established constitutional right possessed by the Plaintiffs.

Oswald v. Graves

819 F. Supp. 680 · District Court, E.D. Michigan · Apr 26, 1993

Qualified Immunity In his motion for dismissal, or alternatively, summary judgment, defendant raises the defense of qualified immunity. … Qualified immunity is not, however, available as a defense if the officer knew or reasonably should have known that the law clearly proscribes the action taken and that the action violated clearly established statutory or

Computer Sciences Corp. v. Ibarra

685 F. Supp. 748 · District Court, D. Colorado · Apr 27, 1988

Under the doctrine of qualified immunity, “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … When the affirmative defense of qualified immunity is raised, the plaintiff has the burden of convincing the court that its federal constitutional or statutory rights were clearly established at the time of the questioned

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

Quartararo v. Catterson

917 F. Supp. 919 · District Court, E.D. New York · Jan 25, 1996

With respect to the three categories of defendants who now seek dismissal on the basis of qualified immunity, the plaintiff alleges the existence of two distinct types of clearly established rights: (1) a clearly-established … a clearly established federal right.

Mglej v. Garfield County

974 F.3d 1151 · Court of Appeals for the Tenth Circuit · Sep 9, 2020

Once Gardner asserted qualified immunity, it was Mglej’s burden to show “that (1) the officers’ alleged conduct violated a constitutional right, and (2) that right was clearly established at the time of the violation, … The district court, therefore, did not err in denying Deputy Gardner qualified immunity on this excessive force claim.13 13 The clearly established Fourth Amendment violation that Mglej has alleged is that Deputy Gardner

Pritchard v. Arvon

186 W. Va. 445 · West Virginia Supreme Court · Dec 12, 1991

Such employee immunity is consistent generally with the political subdivision’s qualified immunity, and the employee immunity is reasonable in scope because the Act imposes employee liability for tort damages proximately … Clearly, the Act is reasonable in furthering the purpose for which it was enacted.

Goodson v. City of Corpus Christi

202 F.3d 730 · Court of Appeals for the Fifth Circuit · Jan 26, 2000

Qualified Immunity 7  In considering Gaines and Perez’s qualified immunity claim, we must remain cognizant of the fact that the “qualified . . . … But that dispute is not dispositive of the qualified immunity question at this moment.

French v. Merrill

15 F.4th 116 · Court of Appeals for the First Circuit · Oct 1, 2021

Hence, the officers - 34 - violated clearly established law and are not entitled to qualified immunity. C. … qualified immunity

Oliverio Martinez v. City of Oxnard Oxnard Police Department Art Lopez, Chief Maria Pena Andrew Salinas Ron Zavala, and Ben Chavez

270 F.3d 852 · Court of Appeals for the Ninth Circuit · Oct 30, 2001

Qualified immunity shields them “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We must now determine whether the rights that Martinez alleges Chavez violated were clearly established by federal law.

Pruitt v. West Virginia Department of Public Safety

222 W. Va. 290 · West Virginia Supreme Court · Jun 3, 2008

to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … Accordingly, under Chase Securities, Trooper Kane would enjoy immunity from personal liability for official acts if his conduct did not violate clearly established laws of which a reasonable official would have known and

McLean v. McElhaney

289 Mich. App. 592 · Michigan Court of Appeals · Aug 26, 2010

under MCL 691.1407(5) or qualified immunity under MCL 691.1407(2). 10 Odom v Wayne Co, 482 Mich 459, *605 479-480 ; 760 NW2d 217 (2008). … We note that if the trial court determines that Harma was entitled to absolute immunity under MCL 691.1407(5), it need not also determine whether he was entitled to qualified immunity under MCL 691.1407(2).

Robert D. Mastroianni v. Michael J. Bowers, Patrick D. Deering, Joe B. Jackson, Jr., Weyland Yeomans

74 F.3d 236 · Court of Appeals for the Eleventh Circuit · Jan 5, 1996

immunity as a defense, and (2) the issue on appeal is whether the undisputed facts show a violation of clearly established law. … to determining whether the law supposedly violated was clearly established.

Peach County School District v. Austin

322 Ga. App. 368 · Court of Appeals of Georgia · Jun 20, 2013

Sovereign immunity is not an affirmative defense that must be established by the party seeking its protection. … Moreover, qualified immunity is an entitlement not to stand trial, rather than a mere defense to liability, and “courts must consider the issue of a government employee’s qualified immunity from liability as the threshold

In Re Scott County Master Docket

672 F. Supp. 1152 · District Court, D. Minnesota · Nov 2, 1987

were not “clearly established.” … “[Qualified immunity will be forfeited only when at the time of the conduct in question it is clearly established that plaintiffs have the particular constitutional right and that the statutory and regulatory provisions in