Case law

Thompson v. City of Indianapolis

208 F. Supp. 3d 968 · District Court, S.D. Indiana · Sep 22, 2016

Clearly Established Right The Plaintiffs’ Fourth Amendment rights must also be clearly established. … and Zotz were so clearly excessive to defeat the claim for qualified immunity.

Wilson v. Lamp

142 F. Supp. 3d 793 · District Court, N.D. Iowa · Nov 3, 2015

Qualified Immunity For 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 … If’deciding the issue of qualified immunity now, I would resolve that the law is clearly established, based on the Fifth,' Seventh, Eighth,' Ninth, and Tenth Circuit cases cited in Section III(C) of* this Opinion and Order

Helfrick v. Rabb

District Court, W.D. Virginia · Dec 1, 2021

qualified immunity — are either without merit or do not dispose of Helfrick’s claims for prospective relief. … Va. 2017) (holding that claims against Commonwealth’s attorney or his office are paid in part by the state, thus qualifying for immunity), aff’d, 715 F.

Giles v. Kearney

571 F.3d 318 · Court of Appeals for the Third Circuit · Jul 15, 2009

right” and “the right was clearly established” at the time of the objectionable conduct. … In holding that no constitutional right was clearly established at the time of the incident and in granting qualified immunity to the officers in their individual capacities, the District Court noted Giles’ factual allegations

Ward v. Members of the Board of Control of Eastern Michigan University

700 F. Supp. 2d 803 · District Court, E.D. Michigan · Mar 24, 2010

Qualified immunity protects state officials sued in their individual capacities from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … whether the constitutional right was “clearly established” at the time of the alleged misconduct.

Stagemeyer v. County of Dawson

192 F. Supp. 2d 998 · District Court, D. Nebraska · Mar 20, 2002

Qualified Immunity “Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would … Likewise, because qualified immunity is not clearly established on the face of the complaint, I shall also deny the defendants’ motion to dismiss the Fourth Amendment claim based on qualified immunity.

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.

Harrell v. City of New York

161 F. Supp. 3d 180 · District Court, E.D. New York · Apr 21, 2016

Qualified immunity shields prosecutors “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.” … ’s actions were objectively unreasonable in light of clearly established law.”

Nicole Guerriero v. City of Delray Beach

Court of Appeals for the Eleventh Circuit · May 21, 2024

To establish a prima facie case, she must show that (1) “she belong[ed] to a pro- tected class,” (2) “she was subjected to an adverse employment ac- tion,” (3) “she was qualified to perform the job … GTE Fla., Inc., 226 F.3d 1249, 1255 (11th Cir. 2000) (holding that evidence showing that plaintiff was “clearly more qualified” in one area relevant for the job did not establish that employer’s decision

Andrew Cooperrider v. Maggie Woods

127 F.4th 1019 · Court of Appeals for the Sixth Circuit · Feb 7, 2025

“The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … First, qualified immunity. Qualified immunity is less potent than absolute immunity.

McLain v. Milligan

847 F. Supp. 970 · District Court, D. Maine · Feb 15, 1994

The relevant inquiry for assessing whether Defendant is entitled to qualified immunity is “whether a reasonable officer could have believed” that Defendant’s actions were lawful “in light of clearly established law and the … This Court has delineated a two-step analysis for assessing a claim of qualified immunity: First, the court must consider the more general question of whether the law establishing the right allegedly violated was ‘clearly

Jerry Nelson v. Keyvon Sellers

Court of Appeals for the Eleventh Circuit · Jan 5, 2024

clearly established law.” … Nelson’s Right Was Clearly Established. All that remains is “the clearly established prong of the qual- ified immunity inquiry.” Helm v.

Bohn v. Waddell

164 Ariz. 74 · Arizona Tax Court · Apr 6, 1990

immunity only by showing that those rights were clearly established at the time of the conduct at issue." … Defendants have pled the defense of a qualified immunity.

Emerson v. Borland

927 S.W.2d 709 · Texas Court of Appeals, 3rd District (Austin) · Sep 18, 1996

(ii) Qualified immunity. … To preclude immunity from suit, the clearly established right must be the federal right on which the claim for relief is based and must be established at the time of the violation. Elder v.

Norris v. Engles

494 F.3d 634 · Court of Appeals for the Eighth Circuit · Aug 9, 2007

“If so, then we determine whether the constitutional right was clearly established at the time.” Id. “If either question is answered in the negative, the public official is entitled to qualified immunity.” … a constitutional violation, we need not consider whether her constitutional right to due process was clearly established for purposes of qualified immunity.

Sonoda v. Cabrera

255 F.3d 1035 · Court of Appeals for the Ninth Circuit · Jul 3, 2001

Qualified Immunity The individual defendants, to the extent they have been sued in their individual capacities for violation of § 1983, have raised qualified immunity as an affirmative defense. … Because Sonoda has established a constitutional violation based upon due process, it is necessary to determine whether the defendants are entitled to qualified immunity.

Mutter v. Town of Salem

945 F. Supp. 402 · District Court, D. New Hampshire · Nov 14, 1996

The doctrine of qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The qualified immunity analysis in this circuit is two-pronged: (1) “the constitutional right asserted by the plaintiff [must be] clearly established at the time of the alleged violation,” and (2) “a reasonable official situated

Lowery v. County of Riley

522 F.3d 1086 · Court of Appeals for the Tenth Circuit · Apr 14, 2008

DISCUSSION Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages so long as “their conduct does not violate clearly established statutory or constitutional … If so, the court must then determine whether the right asserted was clearly established at the time of the alleged violation. See id.

JL ex rel. Thompson v. New Mexico Department of Health

165 F. Supp. 3d 996 · District Court, D. New Mexico · Sep 30, 2015

Defendants’ assertion of qualified immunity. … Defendants maintain that they are shielded by qualified immunity from these claims because Plaintiffs fail either to allege facts that establish actual injury or to show that the right of court access was clearly established

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 .