Case law

LaChance v. Commissioner of Correction

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

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

Tyner v. Department of Social & Health Services

137 Wash. App. 545 · Court of Appeals of Washington · Mar 13, 2007

Qualified Immunity ¶26 DSHS contends that its officers are entitled to qualified immunity from Tyner’s 42 U.S.C. § 1983 First *561 Amendment claim because “[t]here is no law clearly establishing that criticizing one’s supervisor … We explained qualified immunity in Wilson: Public officials are immune from suit unless the “law clearly proscribed the actions” they took.

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

John S. Pleasant v. Larry Lovell, Larry Hyatt, Vernon Pixley, Kenneth Batson and Tim Fortune

876 F.2d 787 · Court of Appeals for the Tenth Circuit · Jun 6, 1989

Defendant Fortune has qualified immunity for his technical consensual monitoring assistance; no clearly established first or fourth amendment right was violated. … After applying clearly established fourth amendment principles, we reject the contention that these defendants are entitled to qualified immunity.

Borrero v. Metro-Dade County

19 F. Supp. 2d 1310 · District Court, S.D. Florida · May 13, 1998

Therefore, qualified immunity will not apply only when a reasonable official would have known that her actions violated an individual’s clearly established rights. See Anderson v. … Therefore, as the facts stand at the summary judgment stage, Officer Serrano is not entitled to qualified immunity. 3 Moreover, showing that a right is “clearly established” is not the only way a plaintiff can get around

O'Ferrell v. United States

998 F. Supp. 1364 · District Court, M.D. Alabama · Mar 24, 1998

J. pp. 4-S (entire discussion of qualified immun.) That proposition is that it has been clearly established since the Supreme Court decided Malley v. … The Eleventh Circuit has noted, since the O’Ferrells’ ease began, that Franks clearly established, for qualified immunity purposes, that an officer may not make an “affirmative misstatement” in ‘applying for a warrant.

Jaymes Stark v. Lee County IA

993 F.3d 622 · Court of Appeals for the Eighth Circuit · Apr 7, 2021

or statutory right; and (2) the right was clearly established at the time of the deprivation.’” … In the absence of a showing that Sproul acted with deliberate indifference, Stark has not established the existence of an Eighth Amendment violation.2 We therefore reverse the order denying the motion for qualified immunity

Shearer v. Tacoma School District No. 10

942 F. Supp. 2d 1120 · District Court, W.D. Washington · Apr 29, 2013

Jarvis is not entitled to qualified immunity because he violated plaintiffs clearly established right to due process; (4) Dr. … Jarvis is not entitled to qualified immunity because he violated plaintiffs clearly established right to due process.

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.

Spencer v. Rau

542 F. Supp. 2d 583 · District Court, W.D. Texas · Oct 11, 2007

Qualified Immunity The Officers assert they are entitled to qualified immunity. … In order to establish the defendant is not entitled to qualified immunity, a plaintiff must satisfy a two-part test: (1) under existing law, the plaintiff must allege a violation of an actual, clearly established constitutional

Outley v. Moir

District Court, D. Arizona · May 21, 2021

Then, when analyzing qualified immunity, a court must determine whether: 5 “(1) the facts adduced constitute the violation of a constitutional right; and (2) the 6 constitutional right was clearly established … App’x 811 (9th Cir. 2013) (granting qualified immunity to government officials who 11 included plaintiff’s juvenile records on a report disclosed to third parties because there was 12 no clearly established constitutional

Goodwin Ex Rel. Nall v. City of Painesville

781 F.3d 314 · Court of Appeals for the Sixth Circuit · Mar 19, 2015

THE QUALIFIED IMMUNITY ANALYSIS The qualified immunity doctrine “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Caselaw reveals that such a right was clearly established. The Officers contend that Officer Soto is entitled to qualified immunity not just on his initial decision to taser Mr.

Tyson v. Willauer

289 F. Supp. 2d 190 · District Court, D. Connecticut · Oct 23, 2003

However, qualified immunity shields them from liability under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Here, in support of their qualified immunity defense, Defendants assert that no clearly established right was violated and that Defendants’ entry into Plaintiffs’ residence to execute a valid arrest warrant was lawful and

Williams v. United States

348 F. Supp. 3d 450 · District Court, D. Maryland · Dec 20, 2017

In short, qualified immunity clearly obtains here. … Williams' rights were "clearly established" at the time of the alleged violation.

Blackburn v. Jansen

241 F. Supp. 2d 1047 · District Court, D. Nebraska · Jan 14, 2003

. § 1983 , is entitled to qualified immunity unless the plaintiff shows that the official violated a “clearly established” federal statutory or constitutional right of the plaintiff. … Pelzer, 536 U.S. 730 , 122 S.Ct. 2508, 2515 , 153 L.Ed.2d 666 (2002), recently described “clearly established law” as follows: As we have explained, qualified immunity operates “to ensure that before they are subjected to

Ford v. Donovan

891 F. Supp. 2d 60 · District Court, District of Columbia · Sep 18, 2012

Qualified Immunity “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 rights … Scherer, 468 U.S. 183, 194 n.12 (1984) (“officials may lose their immunity by violating ‘clearly established statutory . . . rights.’”) (quoting Harlow, 457 U.S. at 818).

John v. County of Centre

80 F. Supp. 2d 437 · District Court, M.D. Pennsylvania · Feb 1, 2000

“Unless plaintiffs allegations state a claim of a violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” P.F. v. … Therefore, we find that plaintiffs cannot overcome defendants’ qualified immunity defense by showing that the challenged conduct violated rights that were clearly established at the time the conduct occurred.

Richard Winfrey, Jr. v. San Jacinto County

901 F.3d 483 · Court of Appeals for the Fifth Circuit · Aug 20, 2018

(“Junior”) or Megan Winfrey was not a “material” omission, and which reflects that it is Junior’s burden to overcome qualified immunity, not Johnson’s burden to show that qualified immunity applies. … the right was “clearly established” when the violation occurred.

Tillery v. Kalinski

District Court, W.D. North Carolina · Jan 23, 2020

To overcome the qualified immunity defense at the summary judgment stage, the plaintiff must have shown facts that make out a violation of a constitutional right, and the right at issue must have been “clearly established … The right at issue is “clearly established” for qualified immunity purposes if: [t]he contours of the right [are] sufficiently clear that a reasonable official

Caldarola v. Calabrese

298 F.3d 156 · Court of Appeals for the Second Circuit · Jul 31, 2002

Qualified Immunity A. 11 "Qualified immunity is `an entitlement not to stand trial or face the other burdens of litigation.'" Saucier v. … If the law was clearly established that the officer's conduct violated a constitutional right, qualified immunity is inappropriate.