Case law

Green v. Henley

727 F. Supp. 582 · District Court, D. Kansas · Nov 13, 1989

immunity. … Accordingly, summary judgment in defendants’ favor on the basis of qualified immunity is appropriate as well.

Kinney v. Weaver

301 F.3d 253 · Court of Appeals for the Fifth Circuit · Jul 31, 2002

Not long after Harlow , the Court refined the qualified-immunity standard by defining “clearly established” in a way that encompasses this “objective reasonableness” inquiry: To be “clearly established” for purposes of qualified … The doctrine of qualified immunity assumes that reasonably competent officials know clearly established constitutional or statutory rights.

Elmer J. Lappe v. Paul Loeffelholz, Dr. Wiedershine and Harlem Brady

815 F.2d 1173 · Court of Appeals for the Eighth Circuit · Jun 25, 1987

Keeping in mind that we are deciding the issue of the officials’ qualified immunity, and that our focus is on the question of whether Lappe’s rights were clearly established, we reject Lappe’s argument. … Loeffelholz violated Lappe’s clearly established federal constitutional rights and is not entitled to immunity.

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

Pisciotti v. County of Wayne

76 F. Supp. 2d 307 · District Court, W.D. New York · Dec 21, 1999

“The doctrine of qualified immunity ‘shields government officials from liability for damages on account of their performance of discretionary official functions insofar as their conduct does not violate clearly established … Further, even if the plaintiffs rights were clearly established, a government actor is entitled to qualified immunity if at the time of the challenged act it was objectively reasonable for him to believe that his actions

Brian Ulrich v. Pope County

715 F.3d 1054 · Court of Appeals for the Eighth Circuit · May 21, 2013

“Qualified immunity shields a public official from suit for civil damages when his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … A police officer is therefore entitled to qualified immunity unless the evidence establishes (1) that a plaintiff’s constitutional rights have been violated, and (2) those rights were so clearly established at the time of

Nero v. Mosby

233 F. Supp. 3d 463 · District Court, D. Maryland · Jan 27, 2017

The shield of qualified immunity is lost when a government official (1) violates a constitutional right and (2) that right was clearly established. Graham v. … That is, the right must have been clearly established at the time of events at issue. See Graham v. Gagnon, 831 F.3d 176, 182 (4th Cir. 2016). See discussion of qualified immunity below. .

Doss v. Gilkey

649 F. Supp. 2d 905 · District Court, S.D. Illinois · Jul 28, 2009

The defendants are not entitled to qualified immunity because: a. … clearly established.

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.

Lunini v. Grayeb

395 F.3d 761 · Court of Appeals for the Seventh Circuit · Mar 4, 2005

Appellants now appeal that ruling on the narrow question whether Lunini's equal protection rights were indeed "clearly established" for qualified immunity purposes at the time of the alleged incident. I. … The appellants' appeal now comes before this Court, presenting a single narrow legal issue: whether the district court erred in ruling that Lunini's equal protection rights were "clearly established" for qualified immunity

Garcia v. Orta

47 F.4th 343 · Court of Appeals for the Fifth Circuit · Aug 25, 2022

Qualified Immunity Qualified immunity protects public officials acting in their individual capacity from lawsuits and liability for damages under Section 1983 unless their conduct violates a clearly established … To overcome an asserted qualified immunity defense, the plaintiff must show “sufficient facts to ‘make out a violation of a constitutional right’” and “‘the right at issue was “clearly established” at the time of

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 . . .

Victoria v. City of San Diego

326 F. Supp. 3d 1003 · District Court, S.D. California · Sep 5, 2018

In suits under § 1983, 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 … In general, the doctrine of qualified immunity protects government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

McLean v. McElhaney

289 Mich. App. 592 · Michigan Court of Appeals · Aug 26, 2010

under MCL 691.1407(5) or qualified immunity under MCL 691.1407(2). 10 Odom v Wayne Co, 482 Mich 459, *605 479-480 ; 760 NW2d 217 (2008). … We note that if the trial court determines that Harma was entitled to absolute immunity under MCL 691.1407(5), it need not also determine whether he was entitled to qualified immunity under MCL 691.1407(2).

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

Williams v. CITY OF FRANKLIN, TENN.

586 F. Supp. 2d 890 · District Court, M.D. Tennessee · Nov 18, 2008

If the plaintiff has established a violation of a constitutional right, the second step in the qualified immunity analysis is to determine whether the violated right was clearly established. Id. … was clearly established); Boger v.

Smith v. Anderson

874 F.3d 966 · Court of Appeals for the Seventh Circuit · Oct 31, 2017

To do so, the plaintiff must show that the defendant violated a clearly establish statutory or constitutional right. Id. … In such circumstances, the officers responsible for their detention are entitled to qualified immunity. Id. That is the situation here.

People v. Bylsma

294 Mich. App. 219 · Michigan Court of Appeals · Sep 27, 2011

SECTION 4 IMMUNITY The MMMA provides a registration system for “qualifying patients” and “primary caregivers.” 3 See MCL 333.26426. … to immunity under § 4(b) of the MMMA.

Johnson v. Northside Residents Redevelopment Council

467 N.W.2d 826 · Court of Appeals of Minnesota · Apr 9, 1991

Qualified privileges do not act as an immunity from suit, but rather as an immunity from liability for damages. … These issues clearly do not involve immunity and should not be reviewed in this procedural posture.

Kenneth B. Krohn v. United States of America

742 F.2d 24 · Court of Appeals for the First Circuit · Sep 28, 1984

Further, we are cognizant that qualified immunity differs from absolute immunity in that it is not so readily decided by motion; obviously, on some occasions officials possessing only qualified immunity must stand trial. … Briscoe established an absolute immunity from section 1983 suit for a police officer/witness.