Case law

Rivas v. Martin

781 F. Supp. 2d 775 · District Court, N.D. Indiana · Mar 18, 2011

Second, they argue that they are entitled to qualified immunity because their actions did not violate any of Rivas’ clearly established statutory or constitutional rights. (Id. at 6.) … Thus, because the allegations state that defendants violated Rivas’ clearly established constitutional rights, defendants cannot be granted qualified immunity at the motion to dismiss stage.

Solis v. Prince George's County

153 F. Supp. 2d 793 · District Court, D. Maryland · Jul 13, 2001

Qualified Immunity under 12 U.S.C. § 1983 Under § 1983, state officials performing discretionary functions are entitled to qualified immunity where their conduct “does not violate clearly established statutory or constitutional … Accordingly, the Court finds that Officer Ruffin has not established an entitlement to qualified immunity as to Plaintiffs Fourth Amendment claim. b.

Usavage v. Port Authority

932 F. Supp. 2d 575 · District Court, S.D. New York · Mar 26, 2013

Qualified Immunity and Excessive Force “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 … Accordingly, “[a] qualified immunity defense is established only if (1) the officers’ actions did not violate clearly established law, or (2) it was objectively reasonable for the officers to believe that their actions did

Allan F. Archer, Jr. v. Gilbert Sanchez

933 F.2d 1526 · Court of Appeals for the Tenth Circuit · Jul 1, 1991

Anderson then guides our inquiry into whether qualified immunity shields Mr. … While the court must decide whether the law in question was clearly established, Meade v.

Sprouse v. Ryan

346 F. Supp. 3d 1347 · District Court, D. Arizona · Dec 7, 2017

Qualified immunity therefore turns on the second prong-whether the right at issue was clearly established such that Defendants would have known that their conduct was unlawful. See Saucier v. … Unpublished district court decisions "may inform our qualified immunity analysis," but "absent any published opinions on point or overwhelming obviousness of illegality[,]" a right is rarely clearly established.

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....

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.

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.

Richard Powell v. Randy Johnson

405 F.3d 652 · Court of Appeals for the Eighth Circuit · May 2, 2005

On appeal, the Appellants argue they are entitled to qualified immunity because the decision to demote Powell was reasonable in light of clearly established law. … If the answer is no, qualified immunity is proper and summary judgment should be granted. If the answer is yes, we next decide “whether the right was clearly established.” Id.

Herrera v. Santa Fe Public Schools

956 F. Supp. 2d 1191 · District Court, D. New Mexico · Jun 28, 2013

Clearly Established Rights in the Qualified Immunity Analysis. … The Supreme Court, faced with the clearly established prong of Wilson’s qualified immunity, recognized that “courts considering qualified immunity for strip searches” have found it “impossible to establish clearly the contours

Musso-Escude v. Edwards

101 Wash. App. 560 · Court of Appeals of Washington · Jul 17, 2000

is alleged. 22 Qualified immunity protects an official only for those acts done in good faith. 23 In general, executive branch officials are afforded qualified immunity. 24 *569 Where a state actor claims immunity against … Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct “does not violate clearly established statutory or

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).

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.

Bradway v. Gonzales

26 F.3d 313 · Court of Appeals for the Second Circuit · Jun 10, 1994

Piesco, 12 F.3d at 343 . 27 The doctrine of qualified immunity shields public officials performing discretionary functions from civil liability "insofar as their conduct does not violate clearly established statutory or constitutional … As noted above, the Supreme Court had not clearly established inadvertence as a necessary element of a lawful plain view seizure.

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

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.”

Harold Werkheiser v. Pocono Township

780 F.3d 172 · Court of Appeals for the Third Circuit · Mar 6, 2015

Because we conclude that the contours of the First Amendment right at issue were not clearly established, we hold that Appellants are entitled to qualified immunity on their federal claim.1 … Appellants also argued that they were entitled to qualified immunity because the law regarding Werkheiser’s rights was not clearly established. The District Court rejected this argument as well.

Jeffrey Swiecicki v. Jose Delgado

463 F.3d 489 · Court of Appeals for the Sixth Circuit · Sep 15, 2006

The law of qualified immunity We will “review the denial of summary judgment on grounds of qualified immunity de novo because application of this doctrine is a question of law.” McCloud v. … Swiecicki’s First Amendment right to free speech was thus clearly established at the time of Delgado’s actions in question. We therefore reverse the grant of qualified immunity awarded to Delgado on this issue. b.

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

Eichler v. Sherbin

283 F. App'x 528 · Court of Appeals for the Ninth Circuit · Jun 23, 2008

We have jurisdiction under 28 U.S.C. § 1291 , 1 and we affirm in part, vacate in part, and remand for further consideration of whether the constitutional right at issue was clearly established for qualified immunity purposes … “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Id.