Case law

Reed v. Sheppard

321 F. Supp. 3d 429 · District Court, W.D. New York · Aug 17, 2018

qualified immunity because, following the Supreme Court's 2006 decision in Samson , supra , it is not clearly established that some particularized suspicion is required before searching a parolee or his residence. … Because "[i]t is unclear whether the Second Circuit's decisions are consistent with the Supreme Court's decision in Samson ," "the right is not 'clearly established' for qualified-immunity purposes." Id.

Lamonte Jackson-Gibson v. Reginald Beasley

118 F.4th 848 · Court of Appeals for the Sixth Circuit · Oct 15, 2024

Qualified immunity shields government officials from civil damages under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … a constitutional right; and (2) the right was clearly established.”

Williams v. Morahan

539 F. App'x 934 · Court of Appeals for the Eleventh Circuit · Sep 11, 2013

Under well-established precedent, Officer Morahan is entitled to qualified immunity unless Mr. … None of those authorities, however, can create clearly established law for purposes of federal qualified immunity analysis. See Marsh v. Butler County, Ala., 268 F.3d 1014 , 1033 n. 10 (11th Cir.2001) (en banc). Cf.

Schmidt v. Gray

399 F. App'x 925 · Court of Appeals for the Fifth Circuit · Oct 26, 2010

Qualified Immunity Gray’s first two claims on appeal attack the district court’s qualified immunity analysis. … “Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability ‘insofar as their conduct does not violate clearly established statutory or constitutional

Raymond E. Humphrey v. Duane M. Mabry Kevin George and Kevin Wheeler

482 F.3d 840 · Court of Appeals for the Sixth Circuit · Apr 2, 2007

Qualified Immunity The defense 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 … Accordingly, we move to the second prong of the qualified immunity analysis. 2. Were the rights “clearly established”?

Oden v. Reader

935 S.W.2d 470 · Texas Court of Appeals, 12th District (Tyler) · Nov 26, 1996

To be entitled to summary judgment on the affirmative defense of qualified official immunity, Oden must establish that: (1) his position as county attorney has quasi-judicial status; (2) it was within his authority as county … Thus, the first two prongs of the qualified immunity defense have been proven by Oden.

Jackson v. Bush

448 F. Supp. 2d 198 · District Court, District of Columbia · Sep 11, 2006

Accordingly, only in cases where an official violates “clearly established statutory or constitutional rights of which a reasonable person would have known,” can he be denied immunity. Id. at 818 , 102 S.Ct. 2727 . … R.Civ.P. 25(d), a qualified immunity defense primarily serves to immunize un-served defendants Ashcroft, Rove, and Libby.

Transit Authority of River City v. Bibelhauser

432 S.W.3d 171 · Court of Appeals of Kentucky · Sep 27, 2013

Governmental immunity is granted to agencies that have been established by an immune entity and that perform a “ ‘function integral to state government.’ ” Comair, Inc. v. … First, the court is to examine the origin, or “parent,” of the entity to determine if the entity is an agency (or alter ego) of a clearly immune parent. Id.

Johnson v. Williams

584 F. Supp. 2d 97 · District Court, District of Columbia · Nov 3, 2008

In this case, however, even if the law on anonymous stops had been clearly established, the officers would still be entitled to *105 immunity because the uncontroverted evidence shows that they did not know the tip was anonymous … Qualified Immunity From Excessive Force Claim The officers are entitled to qualified immunity from plaintiffs claim of *106 excessive force.

Katz v. Molic

727 F. Supp. 114 · District Court, S.D. New York · Dec 21, 1989

The grant of qualified immunity, then, turns upon whether there was a clearly established constitutional right of which the defendants knew or should have known at the time, a question of law which may be addressed by a motion … The Second Circuit held that the complaint should have been dismissed on the ground of qualified immunity because a reasonable state official would not have known that this conduct violated Neu’s “clearly established statutory

Hall v. Jones

453 S.W.3d 674 · Supreme Court of Arkansas · Jan 15, 2015

The two-part test for judicial immunity established by Stump, 435 U.S. 349, requires that we determine whether the judge named by appellant in the complaint had jurisdiction to act on the in rem complaint filed in Miller … When the actions of a prosecuting attorney involve his role as an administrator or investigator, he is entitled to qualified, rather than absolute, immunity.

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.

Smith v. Our Lady of the Lake Hosp., Inc.

624 So. 2d 1239 · Louisiana Court of Appeal · Aug 31, 1993

forth criteria for application of the qualified immunity. … conditions. [7] Had the legislature of this state envisioned that there is but one criteria for the application of the qualified immunity, the language of the statute would have clearly reflected this intent.

Torres v. Runyon

80 F. App'x 594 · Court of Appeals for the Ninth Circuit · Nov 6, 2003

If the official violated a constitutional right, he or she nonetheless may be entitled to qualified immunity if the right was not clearly established such that a reasonable official “would understand that what he is doing … The next prong of the qualified immunity analysis is “ ‘a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established?

Megan Winfrey v. Keith Pikett

872 F.3d 640 · Court of Appeals for the Fifth Circuit · Sep 29, 2017

He contends that the district court erred in denying him qualified immunity because the scent lineups did not violate Megan’s clearly established constitutional rights for two reasons. … violated clearly established law.”

Nagy v. Mone, et al.

2007 DNH 143 · District Court, D. New Hampshire · Nov 28, 2007

If plaintiff does allege the deprivation of a constitutional right, I examine the next two steps in the qualified immunity analysis, asking whether the right was clearly established at the time of the alleged constitutional … Thus, defendants are not entitled to qualified immunity at step two. C. Step Three: Would a Reasonable Officer Have Understood That His Conduct Violated Clearly Established Constitutional Rights?

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.

Gragg v. Kentucky Cabinet for Workforce Development

289 F.3d 958 · Court of Appeals for the Sixth Circuit · May 20, 2002

Garrett, 880 S.W.2d 530, 534 (Ky.1994)) To prevail against a defense of qualified immunity a plaintiff must first establish the constitutional right that she claims was violated by the defendants. Wilson v. … She must then demonstrate that this right was clearly established at the time of the infringement.

Tiscareno v. Anderson

639 F.3d 1016 · Court of Appeals for the Tenth Circuit · Mar 14, 2011

Because such an obligation was not clearly established, we conclude that Anderson was entitled to qualified immunity. … Anderson is entitled to qualified immunity because he acted reasonably in light of clearly established law.

Reed v. Iranon

940 F. Supp. 1523 · District Court, D. Hawaii · Sep 13, 1996

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established constitutional rights of which a reasonable … Qualified immunity “generally turns on the ‘objective legal reasonableness’ of the action assessed in light of the legal rules that ‘clearly established’ at the time it was taken.” Anderson v.