Case law

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

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

Martel, et al. v. Town of Chichester, et al.

2013 DNH 098 · District Court, D. New Hampshire · Jul 18, 2013

Qualified Immunity - Adinolfo “‘The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, in the absence of a clearly established constitutional right, Adinolfo is entitled to qualified immunity. 14  The Martels contend, nevertheless, that a reasonable police

James Carver, Administrator of the Estate of David Allen Carver, Deceased v. City of Cincinnati

474 F.3d 283 · Court of Appeals for the Sixth Circuit · Jan 18, 2007

repeatedly without ever becoming clearly established. … Therefore, the law was not clearly established at the time of the alleged constitutional violation. III. CONCLUSION The Cincinnati police officers and EMTs are entitled to qualified immunity.

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.

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

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.

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

Estate of Williams v. Indiana State Police

26 F. Supp. 3d 824 · District Court, S.D. Indiana · Jun 13, 2014

Qualified Immunity “[Qualified immunity is immunity from suit rather than a mere defense to liability.” Estate of Miller, ex rel. Bertram v. … Qualified immunity for the deficient plan claim.

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

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.

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

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.

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.

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.

Cornelius v. La Croix

631 F. Supp. 610 · District Court, E.D. Wisconsin · Apr 3, 1986

Qualified Immunity David La Croix asserts that as a matter of law he is entitled to qualified immunity from the damages awarded against him in this case. Mr. … Under the doctrine of qualified immunity as it now stands, the issue is whether the challenged conduct violated clearly established constitutional or statutory rights of which a reasonable person would have known.

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

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

Holton v. Mohon

684 F. Supp. 1407 · District Court, N.D. Texas · Sep 8, 1987

Such a finding leads this Court to a discussion of qualified immunity. Qualified immunity is available only to governmental officials performing discretionary functions. Harlow v. … Because the Fourth Amendment rule on warrantless arrests is “clearly established” law, the defense of qualified immunity is available only if a reasonable officer would have believed that probable cause existed to believe

Dotson v. City of Youngstown, Ohio

76 F. Supp. 2d 810 · District Court, N.D. Ohio · Nov 17, 1999

DISCUSSION Defendant Chaibi contends he is entitled to summary judgment under the doctrine of qualified immunity. … The plaintiff has the burden of proof to establish that the defendants are not entitled to qualified immunity. See Wegener v. City of Covington, 933 F.2d 390, 392 (6th Cir.1991).