Case law

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.

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.

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.

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.

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,

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

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.

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.

Asociación De Periodistas De Puerto Rico v. Mueller

529 F.3d 52 · Court of Appeals for the First Circuit · Jun 18, 2008

Qualified Immunity In their motion for summary judgment, the defendants seek to avoid liability by invoking the protection of qualified immunity. … See Saucier, 533 U.S. at 201 ("If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.").

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!

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.

LaChance v. Commissioner of Correction

463 Mass. 767 · Massachusetts Supreme Judicial Court · Nov 27, 2012

judgment, on the basis of qualified immunity. … Qualified immunity.

Madonna Sterling, of the Estate of Marcus Anthony Wayman v. Borough of Minersville F. Scott Wilinsky, Police Officer Thomas Hoban, Police Officer Joseph Wilinsky, Police Chief, Individually and as Police Officers for the Borough of Minersville Officer F. Scott Wilinsky and Officer Thomas Hoban

232 F.3d 190 · Court of Appeals for the Third Circuit · Nov 14, 2000

The court further ruled that the officers were not entitled to qualified immunity since their conduct violated Wayman's clearly established right to privacy as protected by the Constitution. 7 Officers Hoban and Wilinsky … II. 8 We have previously set forth the analytical framework for deciding qualified immunity claims. First, we must determine if the plaintiff has alleged a deprivation of a clearly established constitutional right.

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

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.’

Donna Lowe v. Town of Fairland, Oklahoma Beverly Hill Don Jones Shirley Mangold and Loretta Vinyard

143 F.3d 1378 · Court of Appeals for the Tenth Circuit · May 14, 1998

Consequently, when the qualified immunity defense is raised, the defendant should be spared the burden of proceeding with the litigation until the plaintiff establishes that the defendant’s alleged actions violated clearly … established law.

Castillo v. City of Weslaco

388 F.3d 464 · Court of Appeals for the Fifth Circuit · May 13, 2004

Finding that the Officers sufficiently alleged a violation of clearly established federal law, the district court denied the Appellants’ motion for summary judgment asserting qualified immunity and scheduled the case for … II Qualified immunity is appropriate if “the defendant’s actions were ‘objectively reasonable’ with reference to ‘clearly established law’ at the time of the conduct in question.” Petta v.

Sanders v. City of Dothan

671 F. Supp. 2d 1263 · District Court, M.D. Alabama · Nov 30, 2009

Under the “clearly established” prong of the qualified-immunity analysis, police officers are entitled to immunity from suit “unless the law pre-existing the [officerj’s supposedly wrongful act was already established to … immunity because that right was not clearly established.