Case law

Tillery v. Kalinski

District Court, W.D. North Carolina · Jan 23, 2020

To overcome the qualified immunity defense at the summary judgment stage, the plaintiff must have shown facts that make out a violation of a constitutional right, and the right at issue must have been “clearly established … The right at issue is “clearly established” for qualified immunity purposes if: [t]he contours of the right [are] sufficiently clear that a reasonable official

Latson v. Clarke

249 F. Supp. 3d 838 · District Court, W.D. Virginia · Apr 20, 2017

A court deciding the applicability of qualified immunity must determine “whether a constitutional violation occurred” and “whether the right violated was clearly established.” Tobey, 706 F.3d at 385 . … Where a plaintiff “(1) 'allege[s] a violation of a right (2) that is clearly established at the time of the violation,” a motion to dismiss on qualified immunity grounds must be denied. Evans v.

Briaheen Thomas v. Tice

943 F.3d 145 · Court of Appeals for the Third Circuit · Nov 12, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … As the Majority notes, qualified immunity does not shield a government official where she has “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v.

Garlanger v. Verbeke

223 F. Supp. 2d 596 · District Court, D. New Jersey · Sep 27, 2002

The doctrine of qualified immunity shields government officials “from suits seeking damages under § 1983 ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In determining whether a police officer is entitled to qualified immunity, both the existence of a clearly established right and the objective reasonableness of the officer’s actions are questions of law for the Court to

Closs v. Goose Creek Consolidated Independent School District

874 S.W.2d 859 · Texas Court of Appeals, 6th District (Texarkana) · Apr 12, 1994

Government officials enjoy qualified good faith immunity from liability if their actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. … of their due process rights. *874 As for the individual school district appellees, they are entitled to qualified good faith immunity when performing discretionary functions if their conduct does not violate clearly established

Alston v. City of Detroit Police Officer

District Court, E.D. Michigan · Feb 15, 2024

conduct was ‘clearly established at the time.’” … They develop no argument as to the “clearly established” prong of the qualified immunity analysis.

Gale v. Storti

608 F. Supp. 2d 629 · District Court, E.D. Pennsylvania · Mar 19, 2009

Qualified Immunity Qualified immunity can protect police officers sued in their individual capacities from liability under § 1983, the Fourteenth Amendment, and the Fourth Amendment if their conduct does not violate clearly … “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Linlor v. Polson

263 F. Supp. 3d 613 · District Court, E.D. Virginia · Jul 11, 2017

In evaluating whether Defendant is entitled to qualified immunity, the Court must determine “(1) whether the plaintiff has established the violation of a constitutional right, and (2) whether that right was clearly established … of qualified immunity.”

Hernandez v. Hines

159 F. Supp. 2d 378 · District Court, N.D. Texas · Mar 29, 2001

Public officials are entitled to qualified immunity from suit under § 1983 unless the Plaintiffs demonstrate that they violated clearly established constitutional law. Schultea v. … The constitutional rights alleged to be violated *386 are “clearly established” for the purposes of evaluating qualified immunity.

Savage v. State

127 Wash. 2d 434 · Washington Supreme Court · Aug 17, 1995

I Qualified Personal Immunity In Taggart v. State, 118 Wn.2d 195 , 822 P.2d 243 (1992), we held that parole officers have qualified immunity for allegedly negligent supervision of parolees who harm third parties. … agent enjoys qualified personal immunity.

Mission Consolidated Independent School District v. Garcia

55 Tex. Sup. Ct. J. 1065 · Texas Supreme Court · Jun 29, 2012

in a plea to the jurisdiction. 32 We held in Garcia I that “the TCHRA clearly and unambiguously waives immunity” for suits brought against school districts under the TCHRA. 33 However, the Legislature has waived immunity … The District incorrectly contends that our opinion in Garcia I did not actually address the issue of whether the TCHRA clearly and unambiguously waives immunity for school districts.

Fields v. Abbott

652 F.3d 886 · Court of Appeals for the Eighth Circuit · Aug 30, 2011

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … due process right that Fields asserts was clearly established when the events in this case took place.

24 Franklin Ave. R.E. Corp. v. Cannella

139 A.D.3d 717 · Appellate Division of the Supreme Court of the State of New York · May 4, 2016

The complaint does not allege that Fitzsimmons undertook any actions that violated “clearly established constitutional rights of which a reasonable person would have been aware” (Zalaski v City of Hartford, 723 F3d 382, 388 … Therefore, the defendants are entitled to dismissal of the complaint insofar as asserted against Fitzsimmons, based on the principle of qualified immunity (see Vincent v Yelich, 718 F3d 157, 170 [2d Cir 2013]; Scott v Fischer

Souza v. Pina

53 F.3d 423 · Court of Appeals for the First Circuit · Apr 28, 1995

Otherwise, as the Supreme Court has observed, the generality at which courts identify the "clearly established" legal right threatens to "convert the rule of qualified immunity . . . … Because Souza has failed to establish that appellants' acts transgressed a clearly established right, we conclude that defendants may invoke the defense of qualified immunity.

Lavoy Steed v. Missouri State Highway Patrol

2 F.4th 767 · Court of Appeals for the Eighth Circuit · Jun 25, 2021

Qualified immunity shields a defendant from personal liability if his or her conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Quraishi v. … “[T]he issue for immunity purposes is not probable cause in fact but arguable probable cause, that is, whether the officer should have known that the arrest violated plaintiff’s clearly established right.” Schaffer v.

Brittany Harris v. Kimberly Klare

902 F.3d 630 · Court of Appeals for the Sixth Circuit · Sep 5, 2018

, and (2) whether that right was clearly established.” … “When . . . a defendant raises qualified immunity as a defense . . . [t]he plaintiff has the burden of showing that a right is clearly established . . .

Owens v. Colburn

860 F. Supp. 966 · District Court, N.D. New York · Jul 26, 1994

"Public officials are entitled to qualified immunity from liability for civil damages ... as long as their conduct does not violate a clearly established statutory or constitutional right.” Mozzochi v. … It also seems that once you have determined the need for the defense of [qualified immunity], ... the officer has acted unreasonably ... and has violated clearly established law.”) see also Graham, 490 U.S. at 399 n. 12,

Troy Thompson v. Ira Mercer

762 F.3d 433 · Court of Appeals for the Fifth Circuit · Aug 7, 2014

A public official is entitled to qualified immunity unless his conduct violates constitutional law that was “clearly established at the time of the defendant’s actions.” Freeman v. … We agree with the Thompsons that—at the very least—the relevant law is not so well developed as to clearly establish a violation here. And it is for that very reason that Mercer is entitled to qualified immunity.

Texas Department of Public Safety v. Tanner

928 S.W.2d 731 · Texas Court of Appeals, 4th District (San Antonio) · Aug 21, 1996

Like Hullum and DPS, we use the term "qualified immunity” when referring to the federal defense and "official immunity” when referring to the state defense. 3 . … Furthermore, Hullum did not move for summary judgment on the basis of qualified immunity to the section 1983 claim.

Webb v. Streeter

District Court, D. Nebraska · Aug 22, 2022

QUALIFIED IMMUNITY Qualified immunity shields officials from civil liability in a 42 U.S.C. §1983 action when their conduct “does not violate clearly established statutory or … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff, however, must demonstrate that the law is clearly established.” Sparr v.