Case law

Van De Yacht v. the City of Wausau

661 F. Supp. 2d 1026 · District Court, W.D. Wisconsin · Oct 13, 2009

on the ground of qualified immunity. … one is enough to establish the defense of qualified immunity.

Cox v. County of Suffolk

780 F. Supp. 103 · District Court, E.D. New York · Dec 10, 1991

Qualified immunity is not only a defense to liability, but also a “protection against having to defend a lawsuit.” Magnotti, 918 F.2d at 367 . … clearly established at the time those acts took place.

Wright v. Dee

54 F. Supp. 2d 199 · District Court, S.D. New York · May 28, 1999

A state actor is qualifiedly immune where his actions did not violate rights that a reasonable person would have known were clearly established. Stuto v. Fleishman, 164 F.3d 820, 825 (2d Cir.1999). … Defendants assert that they are entitled to qualified immunity because it was not clearly established at the time of Wright’s disciplinary hearing that assignment to the SHU for three years and the loss of good time credits

Sollenberger v. Sollenberger

173 F. Supp. 3d 608 · District Court, S.D. Ohio · Mar 25, 2016

clearly established constitutional right. … Sept. 29, 2006) (stating R.C, 311.05 establishes qualified immunity for a sheriff).

Supra Medical Corp. v. McGonigle

955 F. Supp. 374 · District Court, E.D. Pennsylvania · Jan 31, 1997

The burden then shifts to the plaintiff to produce evidence establishing that the foreign state is not entitled to immunity under one of the exceptions in § 1605. … The UMDS Defendants have provided no evidence of UMDS’ ownership, relying instead on a claim that the Schools’ qualify for immunity as an “organ of a foreign state.”

Harris v. District Board of Trustees of Polk Community College

9 F. Supp. 2d 1319 · District Court, M.D. Florida · Jun 18, 1998

The Eleventh Circuit Court of Appeals affirmed this Court’s ruling on the law enforcement officer defendants, saying that they were not entitled- to qualified immunity because “their conduct violated clearly established law … The Circuit Court of Appeals granted qualified immunity to the university officials in Andre because the plaintiff did not allege that they violated any clearly established law. Id. at 6.

Payne v. Hopkins

Nebraska Court of Appeals · May 23, 2017

Qualified immunity consists of two inquiries: (1) whether the facts that a plaintiff has alleged make out a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of the … In denying Payne’s Fourth Amendment claim, the district court found that the DCS officials were entitled to qualified immunity because Payne’s right to possess the artwork was not clearly established.

Townsel v. Jamerson

240 F. Supp. 3d 894 · District Court, N.D. Illinois · Mar 6, 2017

Qualified Immunity Finally, Defendants urge the Court to dismiss Plaintiffs claims based on *905 the doctrine of qualified immunity. (Dkt. 23 at 9-11.) … Qualified immunity protects public officials from liability, trial, and interference with their duties when their conduct does not violate clearly established constitutional rights. Purtell v.

E. Irene Wrigley v. Basil G. Greanias, Individually and as State's Attorney in and for MacOn County, Illinois

842 F.2d 955 · Court of Appeals for the Seventh Circuit · Apr 13, 1988

Greanias would be entitled to qualified immunity if, at the time he acted, the law did not clearly establish that a state’s attorney was prevented from discharging someone holding this particular position. … Greanias’ claim of qualified immunity clearly is premised on acceptance of his view of the position’s re *960 sponsibilities. He does not contend that, even if Mrs.

Grant v. Winik

948 F. Supp. 2d 480 · District Court, E.D. Pennsylvania · Jun 11, 2013

Accordingly, using pepper spray under these circumstances did not violate clearly established constitutional or statutory law, and so the Court finds that Baran is entitled to qualified immunity on this issue. 3. … Under these circumstances, Winik’s use of deadly force did not violate clearly established constitutional or statutory law. Accordingly, Winik is entitled to qualified immunity.

Avila v. Butt Thornton & Baher, P.C.

New Mexico Court of Appeals · Jun 10, 2025

officers are protected by qualified immunity. … qualified immunity is available to BTB cannot be upheld.

Alexander v. City of Bessemer

142 So. 3d 543 · Supreme Court of Alabama · Oct 18, 2013

to so-called “qualified immunity” under federal law. … It is only “when an official’s conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known’” that ‘the official is not protected by qualified immunity.’ Id.

Floyd v. City of Detroit

518 F.3d 398 · Court of Appeals for the Sixth Circuit · Mar 6, 2008

this case, Floyd’s constitutional right to be free from excessive force was clearly established. … The defendants properly concede that a suspect’s right to be free from the use of excessive force is clearly established.

Lewis v. City of Mount Vernon, Mount Vernon Police Dept.

984 F. Supp. 748 · District Court, S.D. New York · Nov 13, 1997

QUALIFIED IMMUNITY Qualified immunity entitles police officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person would have known … The requirement of a clearly established right means that the inquiry to ascertain whether qualified immunity is available differs from the inquiry into whether the Fourth Amendment may have been violated.

Jefferson v. Ashley

643 F. Supp. 227 · District Court, D. Oregon · Aug 8, 1986

Whether an official prevails on a defense of qualified immunity depends on the "objective reasonableness of [his] conduct as measured by reference to clearly established law.” Id. … Plaintiff has failed to show that defendants violated any clearly established law or right.

Ewing v. City of Stockton

588 F.3d 1218 · Court of Appeals for the Ninth Circuit · Dec 9, 2009

The Ewings do not establish that the unlawfulness of charging Heather with murder on the facts in question was clearly established. See Hope v. … The Supreme Court has clearly stated that with respect to advising police, prosecutors are entitled to qualified not absolute immunity. Burns, 500 U.S. at 492-95 , 111 S.Ct. 1934 .

Pearce v. Estate of Longo

766 F. Supp. 2d 367 · District Court, N.D. New York · Mar 1, 2011

to qualified immunity. … Government actors are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Sadallah v. City of Utica

383 F.3d 34 · Court of Appeals for the Second Circuit · Sep 3, 2004

] reasonable[] ... in light of the legal rules that were clearly established at the time it was taken. … Because plaintiffs have failed to establish a due process claim or any other violation of federal law, their claims are without merit. Accordingly, Hanna is entitled to qualified immunity. C.

Hinton v. City Of Elwood

997 F.2d 774 · Court of Appeals for the Tenth Circuit · Jun 29, 1993

In Medina we determined that the individual defendants were entitled to qualified immunity because the law was not clearly established, 960 F.2d at 1498-99 , and in Watson we remanded for a finding on that issue, 857 F.2d … When a finding of qualified immunity is predicated on the basis that the law is not clearly established, it is indeed correct that "there is nothing anomalous about allowing [a suit against a municipality] to proceed when

Cleavinger v. Saxner

474 U.S. 193 · Supreme Court of the United States · Dec 10, 1985

To be sure, the line between absolute immunity and qualified immunity often is not an easy one to perceive and structure. … Petitioners state that they have not challenged — although they do not concede— the ruling that they violated “clearly established constitutional rights” of respondents. See Brief for Petitioners 7, n. 8.