Case law

Smith v. Barber

195 F. Supp. 2d 1264 · District Court, D. Kansas · Mar 22, 2002

right allegedly implicated was clearly established”). … The Supreme Court has established a two-part approach to determine if qualified immunity applies.

Dent v. Montgomery County Police Department

745 F. Supp. 2d 648 · District Court, D. Maryland · Sep 17, 2010

Qualified Immunity The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability.

Rabinovitz v. City of L. A.

287 F. Supp. 3d 933 · District Court, C.D. California · Mar 2, 2018

Qualified immunity "shields officials from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v. … Qualified Immunity Defendants' qualified immunity defense fails to bar the First Amendment claim.

Taylor v. Russell

181 F. Supp. 2d 668 · District Court, E.D. Texas · Oct 24, 2001

In defense of Plaintiffs equal protection claims, Defendants assert qualified immunity. 1. Qualified Immunity. … “Qualified” or “good faith” immunity shields government officials performing discretionary functions from liability “unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

Roniger v. McCall

22 F. Supp. 2d 156 · District Court, S.D. New York · Sep 15, 1998

of qualified immunity, public officials are shielded from liabili *162 ty for civil damages if they establish that (1) their conduct did not violate clearly established rights of which a reasonable person would have known … In determining the availability of a qualified immunity defense, the rights alleged to have been violated must be identified, and a determination as to whether they were “clearly established” must be - made!

Smith v. Township of Prairieville

194 F. Supp. 3d 658 · District Court, W.D. Michigan · Jul 11, 2016

Accordingly, no constitutional violation occurred, and the officers are entitled to qualified immunity for this claim. 2. The right was not clearly established. … Clearly Established Right Detective Gustafson also argues that he is entitled to qualified immunity “because it was not clearly established in this particular context that opéning a utensil drawer during a consensual search

Collins v. School Board of Dade County

981 F.2d 1203 · Court of Appeals for the Eleventh Circuit · Jan 26, 1993

Most important for qualified immunity purposes, Loudermill established no bright line test for when a delay would become a constitutional violation. 4 See generally Barts v. … Joyner, 865 F.2d 1187, 1194 (11th Cir.1989) (“Harlow’s ‘clearly established’ standard requires that a bright line be crossed” if defense of qualified immunity is to be overcome).

Guirlaine O'Rourke v. Martin Trujillo

378 F.3d 1201 · Court of Appeals for the Eleventh Circuit · Jul 27, 2004

To be even potentially eligible for qualified immunity, the official has the burden of establishing that he was acting “within the scope of his discretionary authority.” Hartsfield v. … When qualified immunity is asserted in the context of a motion to dismiss, we look to the pleadings to see if the plaintiff has successfully alleged the violation of a clearly established right.

Armendariz v. Penman

31 F.3d 860 · Court of Appeals for the Ninth Circuit · Aug 1, 1994

Defendants are entitled to summary judgment based on qualified immunity if plaintiffs’ complaint fails to state a federal claim, Siegert, 500 U.S. at 233 , 111 S.Ct. at 1793-94 ; or if in light of clearly established principles … Clearly Established The plaintiff bears the burden of proving that the constitutional right allegedly violated was clearly established at the time of the alleged misconduct. Baker v.

Bender v. City of Seattle

99 Wash. 2d 582 · Washington Supreme Court · May 26, 1983

We believe a qualified privilege will adequately protect police officers in releasing information to the public and press. It is then the plaintiff's burden to establish an abuse of that qualified privilege to recover. … Seattle Times, supra at 492 n.5, proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence.

Harvey Levin v. Lisa Madigan

692 F.3d 607 · Court of Appeals for the Seventh Circuit · Aug 17, 2012

Accord- ingly, Judge Coar believed that the constitutional right was not clearly established and qualified immunity was appropriate. Id. … Because Levin’s constitutional right was clearly established, the Individual Defendants are not entitled to qualified immunity. III.

Ronald K. Drewitt v. Fred L. Pratt Pizza Hut of America, Inc., City of Norfolk, Party-In-Interest

999 F.2d 774 · Court of Appeals for the Fourth Circuit · Jul 22, 1993

Accordingly, because no clearly established constitutional right was violated, the district court held that Officer Pratt was clearly entitled to qualified immunity on such claim. … Immunity may thus be established either on the basis that the right allegedly (or actually) violated was not at the time one "clearly established,” or that, though "clearly established,” (and violated), it was one that a

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

McKinney ex rel. McKinney v. DeKalb County

997 F.2d 1440 · Court of Appeals for the Eleventh Circuit · Aug 17, 1993

The issue on this appeal of a denial of summary judgment based on qualified immunity is a purely legal one: first, whether there was a clearly established constitutional right, and second, whether, viewed most favorably to … Under the test for qualified immunity, Officer Nelsen could avoid liability for discretionary functions if his alleged conduct did not violate “clearly established statutory or constitutional rights of which a reasonable

Okwa v. Harper

360 Md. 161 · Court of Appeals of Maryland · Jul 28, 2000

... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken. … In determining whether Appellees were entitled to qualified immunity from Appellants’ § 1983 claim we first look to the relevant “legal rules that were ‘clearly established’ at the time” which governed Appellees actions during

Tunnell v. Office of Public Defender

583 F. Supp. 762 · District Court, E.D. Pennsylvania · Mar 23, 1984

If the law was not clearly established, the defendant will prevail on summary judgment on the basis of the qualified immunity defense, id. at 818, 102 S.Ct. 2739 , unless the plaintiff claims that the official actually knew … If, on the other hand, the applicable law was clearly established, then, as the Court noted in Harlow , it should have been known to “a reasonably competent public official,” and the qualified immunity defense “should ordinarily

Brawley v. Punt

186 F. Supp. 3d 1102 · District Court, D. Montana · May 11, 2016

On the other hand, because the law may not be clearly established, Officer Punt could be entitled to qualified immunity as a mat *1109 ter of law. The constitutional question is addressed first below. See Plumhoff v. … to qualified immunity.

Danielle Ex Rel. Komando v. Adriazola

284 F. Supp. 2d 1368 · District Court, S.D. Florida · Sep 4, 2003

However, individual government employees acting within the scope of their official duties enjoy the defense of qualified immunity unless their actions violate “clearly established statutory or constitutional rights of which … Defendants further contend that, even if Plaintiff does state a claim under § 1983, that violation of these state rules was not clearly established, and, therefore, the Defendants are entitled to qualified immunity.

Larry D. Jr. and Pamela Pyles v. Mason Co. Fair, Inc.

239 W. Va. 882 · West Virginia Supreme Court · Nov 1, 2017

under the Act are legal determinations capable of and demanding resolution at this juncture of the litigation rather than at the appellate stage.15 Because the principles of governmental immunity clearly apply to the facts … Pack, 223 W.Va. 828, 831, 679 S.E.2d 660, 663 (2009) (affirming “need for early resolution of immunity rulings” and holding that summary judgment ruling predicated on qualified immunity is subject to immediate appeal under

Steven Hyer v. City and County of Honolulu

118 F.4th 1044 · Court of Appeals for the Ninth Circuit · Sep 23, 2024

The panel affirmed the district court’s grant of qualified immunity with respect to the use of a police dog because the law was not clearly established.  HYER V. … Indeed, “[e]ven if a government official violates a constitutional right, the official is entitled to qualified immunity unless the violated right was clearly established at the time of the incident.” Andrews v.