Case law

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.

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.

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.

Walnut Properties, Inc. v. City of Whittier

861 F.2d 1102 · Court of Appeals for the Ninth Circuit · Nov 9, 1988

or, alternatively, qualified immunity. … However, we reverse the district court’s denial of qualified immunity, because we hold that the law did not clearly establish that the second ordinance was unconstitutional at the time it was enacted.

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

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

Jeffrey M. Kuha v. City of Minnetonka William Roth Kevin Anderson Dennis Warosh

365 F.3d 590 · Court of Appeals for the Eighth Circuit · Apr 27, 2004

Under the doctrine of qualified immunity,' state actors are protected from civil liability when “their conduct does not violate' clearly established statutory or constitutional rights of which a reasonable person would have … The qualified immunity inquiry is a two-step process.

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.

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

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

Lisa Amaechi v. Matthew West, and Bernard R. Pfluger Town of Dumfries

237 F.3d 356 · Court of Appeals for the Fourth Circuit · Jan 9, 2001

The district court denied West’s motion for summary judgment based upon a defense of qualified immunity, reasoning that West’s search, as described by Amaechi, violated Amaechi’s clearly established constitutional rights … To that end, 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

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.

Eldridge v. Morrison

970 F. Supp. 928 · District Court, M.D. Alabama · Jun 4, 1996

Under this test, public official performing discretionary functions which would objectively appear to be within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … The Eleventh Circuit has explained that [f]or the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context

Dull v. WEST MANCHESTER TP. POLICE DEPT.

604 F. Supp. 2d 739 · District Court, M.D. Pennsylvania · Mar 31, 2009

The court may *749 eschew difficult constitutional issues and award qualified immunity to a defendant if it is apparent that the defendant did not violate rights that were clearly established at the time the defendant acted … To determine whether a police officer enjoys qualified immunity, the court must ascertain whether the officer violated "clearly established statutory or constitutional *752 rights of which a reasonable person would have known

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

Parrish v. City of Wilmington

3 F. Supp. 3d 688 · District Court, S.D. Ohio · Feb 28, 2014

Stanforth further argues he is entitled to qualified immunity (Id.). … Riley further argues he is entitled to qualified immunity because in his view the law is not clearly established as to what process is due when an employee resigns (Id.).

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