Case law

Vincson Herren and Woody Eugene Herren v. E.J. Bowyer, Individually and in His Official Capacity as Sheriff of Lee County, Georgia

850 F.2d 1543 · Court of Appeals for the Eleventh Circuit · Aug 3, 1988

Public officials performing discretionary functions 5 enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … a grant of summary judgment based upon qualified immunity.” 841 F.2d at 1565 ; accord Webb v.

Jackson v. Long

102 F.3d 722 · Court of Appeals for the Fourth Circuit · Dec 17, 1996

issue whether the federal right allegedly infringed was `clearly established.'" … This contention raises the legal questions of whether Sheriff Long violated any clearly established constitutional rights of plaintiffs in responding to the inmate's complaint against them and, if the law clearly established

Yost v. Wilhoit

District Court, E.D. Tennessee · Nov 8, 2021

Defendant Wilhoit also asserts qualified immunity as a defense. … It is well established that a plaintiff has the burden to defeat qualified immunity once it has been raised.

Kellough v. Bertrand

22 F. Supp. 2d 602 · District Court, S.D. Texas · Sep 25, 1998

Qualified Immunity Bars Plaintiff’s Claim of Excessive Force Established law clearly provides that Plaintiff has a Fourth Amendment right to be free from the use of excessive force by police. … Plaintiffs Claim of Unlawful Arrest is not Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992).

Mosher Ex Rel. Estate of Mosher v. Nelson

589 F.3d 488 · Court of Appeals for the First Circuit · Dec 17, 2009

was 'clearly established' at the time of the defendant’s alleged violation." … Therefore, Dennehy is entitled to qualified immunity. B.

Rozek v. Topolnicki

865 F.2d 1154 · Court of Appeals for the Tenth Circuit · Jan 12, 1989

The court held that defendants Reisdorff and Liddle were entitled to qualified immunity because they were working under Topolnicki's direction, and that Rozek had not shown they had violated any clearly established constitutional … We need not reach the question of whether defendant Topolnicki was entitled to summary judgment on the defense of prosecutorial immunity for all of his actions, because the record clearly reflects his entitlement to qualified

Madonna Sterling, of the Estate of Marcus Anthony Wayman v. Borough of Minersville F. Scott Wilinsky, Police Officer Thomas Hoban, Police Officer Joseph Wilinsky, Police Chief, Individually and as Police Officers for the Borough of Minersville Officer F. Scott Wilinsky and Officer Thomas Hoban

232 F.3d 190 · Court of Appeals for the Third Circuit · Nov 14, 2000

The court further ruled that the officers were not entitled to qualified immunity since their conduct violated Wayman's clearly established right to privacy as protected by the Constitution. 7 Officers Hoban and Wilinsky … II. 8 We have previously set forth the analytical framework for deciding qualified immunity claims. First, we must determine if the plaintiff has alleged a deprivation of a clearly established constitutional right.

Parsons v. Pond

126 F. Supp. 2d 205 · District Court, D. Connecticut · Oct 24, 2000

In the event that this threshold determination reveals a possible constitutional violation, [a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was … In the event that this threshold determination reveals a possible constitutional violation, [a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was

Ryle Edward Springmen v. Alexandra Williams

122 F.3d 211 · Court of Appeals for the Fourth Circuit · Aug 18, 1997

Furthermore, qualified immunity lies unless there has been a clear violation of well established constitutional law. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as then-conduct does not violate clearly established statutory

Joyner v. Greiner

195 F. Supp. 2d 500 · District Court, S.D. New York · Mar 28, 2002

POINT III DEFENDANTS ARE ENTITLED TO QUALIFIED IMMUNITY Defendants are entitled to qualified immunity from civil suits arising from performance of their discretionary functions so long as their conduct “does not violate clearly … Whether an offi *508 cial may invoke qualified immunity “generally turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ ” when the action was

LaChance v. Commissioner of Correction

463 Mass. 767 · Massachusetts Supreme Judicial Court · Nov 27, 2012

judgment, on the basis of qualified immunity. … Qualified immunity.

Edwards v. Gilbert

867 F.2d 1271 · Court of Appeals for the Eleventh Circuit · Feb 28, 1989

Once a defendant advances a defense of qualified immunity, he is entitled to summary judgment unless “the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions_” Mitchell … established” for purposes of qualified immunity at the time of Molbert’s death.

Castillo v. City of Weslaco

388 F.3d 464 · Court of Appeals for the Fifth Circuit · May 13, 2004

Finding that the Officers sufficiently alleged a violation of clearly established federal law, the district court denied the Appellants’ motion for summary judgment asserting qualified immunity and scheduled the case for … II Qualified immunity is appropriate if “the defendant’s actions were ‘objectively reasonable’ with reference to ‘clearly established law’ at the time of the conduct in question.” Petta v.

State v. McQueen

293 Mich. App. 644 · Michigan Court of Appeals · Aug 23, 2011

In addition, § 4(i) provides immunity for a “person” who assists a registered qualifying patient with “using or administering marihuana.” … Defendants do not claim immunity on the basis of being in the vicinity of the medical use of marijuana; they claim immunity on the basis of their assistance to registered qualifying patients with “using or administering”

Derrell E. Upton v. Bernie C. Thompson, Individually and in His Capacity as Sheriff of Kankakee County, Jack L. Thulen v. Marvin Bausman, Individually and in His Official Capacity as Sheriff of Carroll County, Illinois

930 F.2d 1209 · Court of Appeals for the Seventh Circuit · Apr 22, 1991

The district court concluded such rights were clearly established and denied the Sheriff's motion for summary judgment. Sheriff Thompson appeals the denial of qualified immunity. 8 II. … established in 1986 the sheriffs in these cases are protected by qualified immunity.

Majdalani v. Auburn University (CONSENT)

District Court, M.D. Alabama · Sep 26, 2024

prong of qualified immunity. … to qualified immunity” by establishing that the Defendant violated a right that was clearly established at the time of the violation).

Hyburnia Husband v. Charles Bryan and Larry Saurage

946 F.2d 27 · Court of Appeals for the Fifth Circuit · Oct 28, 1991

Violation of Clearly Established Law “The doctrine of qualified immunity shields a police officer from liability for civil damages when a reasonable officer could have believed that the challenged conduct did not violate … clearly established statutory or constitutional rights.”

54 Fair empl.prac.cas. 737, 55 Empl. Prac. Dec. P 40,401 Juanita Nicholson v. Georgia Department of Human Resources, (Dhr), James G. Ledbetter, Individually and in Official Capacity as Commissioner, Georgia Dept. Of Human Resources, Thomas R. Gaines, Individually and in His Official Capacity as Director, Dhr Division of Rehabilitative Services, Gene A. Wallace, Individually and in His Official Capacity as Director of Planning Research and Special Projects, Dhr Division of Rehabilitative Services, Paula McIntoch Individually and in Her Official Capacity as Director of Management Support Services, Dhr Division of Rehabilitative Services, Jane Shepard, Individually and in Her Official Capacity as Director of Quality Assurance and Human Resources Development, Dhr Division of Rehabilitation Services

918 F.2d 145 · Court of Appeals for the Eleventh Circuit · Jan 8, 1991

These defendants raised a defense of qualified immunity. … engaged in conduct violative of the clearly established right.

Fera v. City of Albany

568 F. Supp. 2d 248 · District Court, N.D. New York · Jul 30, 2008

“Qualified immunity is an affirmative defense that shields government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … violated were not clearly established.”

Facey v. Dickhaut

91 F. Supp. 3d 12 · District Court, D. Massachusetts · Sep 30, 2014

a violation of clearly established law. … The second prong of the qualified immunity analysis requires that the right have been clearly established at the time that it was allegedly violated. See Feliciano-Hernandez, 663 F.3d at 532 .