Case law

Randy James Barber, Administrator of the Estate of Kenneth Robert Barber, Deceased v. City of Salem, Ohio

953 F.2d 232 · Court of Appeals for the Sixth Circuit · Jan 7, 1992

Because there was no clearly established right to a suicide prevention facility for pretrial detainees, the police officers were entitled to qualified immunity. … In reaching our decision regarding the police officers’ qualified immunity in Da-nese, we considered the law clearly established at the time of the decedent’s suicide.

Eckmann v. Board of Education of Hawthorn School District No. 17

636 F. Supp. 1214 · District Court, N.D. Illinois · May 19, 1986

Having at least arguably violated a clearly established constitutional right of plaintiff, the Board members lose the benefits of a qualified immunity — “immunity from suit” — and are forced to proceed to trial to test the … Qualified immunity protects government officials only in cases where it cannot be said that their actions violated rights clearly established at the time that they acted.

BARLOW EX REL. MONCEBAIZ v. Owens

400 F. Supp. 2d 980 · District Court, S.D. Texas · Jul 22, 2005

Defendants assert that they are entitled to qualified immunity because Plaintiff has not shown a violation of a constitutional right and because Defendants’ actions were objectively reasonable in light of clearly-established … Conclusions Because Defendants’ actions in investigating the neighbor’s report, detaining Moncebaiz, and then arresting him were not unreasonable in light of clearly established law, Defendants are entitled to qualified immunity

Hill ex rel. Estate of Hill v. Adkins

59 F. Supp. 3d 814 · District Court, E.D. Kentucky · Nov 18, 2014

Qualified immunity shields government officials from “liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have known.” … Hill and, if a violation occurred, whether he transgressed a “clearly established right.” See Heflin v. Stewart County, Tenn., 958 F.2d 709, 717 (6th Cir.1992).

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.

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.

Haidon v. Bloomfield

District Court, D. Connecticut · Aug 29, 2024

“Qualified immunity protects officials from damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or if it was objectively … “Qualified immunity protects officials from damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” or, when a clearly established

Heggs v. Grant

73 F.3d 317 · Court of Appeals for the Eleventh Circuit · Jan 22, 1996

On the appeal of a nonfinal order denying qualified immunity, we have jurisdiction under the collateral order doctrine to decide whether the conduct complained of violated "clearly established statutory or … No clearly established law required him to take further measures to protect her.

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.

Alexander v. University of North Florida

39 F.3d 290 · Court of Appeals for the Eleventh Circuit · Dec 2, 1994

PER CURIAM: Principles of qualified immunity control this case. … But, nothing in Cornelius comes close to the “clearly established” standard required to overcome the qualified immunity defense in this case.

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.

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

Peterson v. North Dakota ex rel. North Dakota University System

240 F. Supp. 2d 1055 · District Court, D. North Dakota · Jan 3, 2003

Qualified Immunity Qualified immunity shields state officials from civil liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In other words, the qualified immunity defense fails if the official violates a clearly established constitutional or statutory right of which a reasonable person would have known.

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.

People v. Kolanek; People v. King

491 Mich. 382 · Michigan Supreme Court · May 31, 2012

• Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana. … Registered patients who do not qualify for immunity under § 4, as well as unregistered persons, are entitled to assert in a criminal prosecution the affirmative defense of medical use of marijuana under § 8 of the MMMA,

Palmieri v. Kammerer

690 F. Supp. 2d 34 · District Court, D. Connecticut · Jan 27, 2010

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights that a reasonable person … Thus, summary judgment based on qualified immunity is denied on this basis. ii Protective Sweep/Grab Area There is no doubt that the law regarding protective sweeps was “clearly established” under Maryland v.

Phat's Bar & Grill v. Louisville Jefferson County Metro Government

918 F. Supp. 2d 654 · District Court, W.D. Kentucky · Jan 22, 2013

Thus, Kentucky law adopts both an objective and a subjective approach to qualified immunity, whereas the federal law only provides immunity where the official objectively violated a person’s clearly established rights. … Because Officer Smith cannot prove that he did not violate Williams, Jr.’s clearly-established rights, Officer Smith’s claim to qualified official immunity on the Kentucky malicious prosecution claim must be denied.

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

Mccloud v. Testa

97 F.3d 1536 · Court of Appeals for the Sixth Circuit · Feb 13, 1997

Finally, as an additional guidepost we note that, as a practical matter, invocation of the Rice canon and the general availability of qualified immunity will move in tandem, because if it is already clearly established that … immunity context, where the key inquiry is whether a principle of law is clearly established, may be perceived as problematic.

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.").