Case law

Warren v. Keane

937 F. Supp. 301 · District Court, S.D. New York · Sep 10, 1996

Nor are defendants entitled to the affirmative defense of qualified immunity. … To establish the defense of qualified immunity, defendants must show either that their “conduct did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable

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.

Yarris v. County of Delaware

465 F.3d 129 · Court of Appeals for the Third Circuit · Oct 2, 2006

immunity. 53 Qualified immunity shields state officials from suit when their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … If the court concludes that the defendant's conduct violated a clearly established constitutional or statutory right, it must deny the defendant the protection afforded by qualified immunity.

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?

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.

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.

Orsatti v. New Jersey State Police

71 F.3d 480 · Court of Appeals for the Third Circuit · Nov 22, 1995

The officers contend that the district court erred because they are shielded from Orsatti's claim by the doctrine of qualified immunity. 7 Because we find that the undisputed material facts of record establish that it was … Finding that the right at issue was clearly established, however, does not end the court's inquiry. Nor does the court's decision turn merely on whether the official violated that clearly established right.

Tague v. Florida Fish and Wildlife Conservation Commission

390 F. Supp. 2d 1195 · District Court, M.D. Florida · May 25, 2005

the clearly established right to work. 42 Plaintiff then cites Harlow v. … Qualified immunity’s protection exists as long as the official’s conduct violates no “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Summar ex rel. Summar v. Bennett

157 F.3d 1054 · Court of Appeals for the Sixth Circuit · Oct 14, 1998

City of Southfield, 995 F.2d 1331 (6th Cir.1993), for example, this court generally explained that “[t]he right to be free from excessive force is a clearly established right,” yet affirmed a district court’s denial of qualified … precedent to the rejection of qualified immunity.

Austin v. Hamilton

945 F.2d 1155 · Court of Appeals for the Tenth Circuit · Sep 24, 1991

Qualified Immunity 16 In assessing a defense of qualified immunity, the court must determine the objective reasonableness of the challenged conduct by reference to the law clearly established at the time of the alleged constitutional … That standard was clearly established at the time the challenged incident took place." 20 Dixon v. Richer, 922 F.2d 1456, 1461-62 (10th Cir.1991).

Sherin v. Department of Human Resources

229 Ga. App. 621 · Court of Appeals of Georgia · Nov 4, 1997

(a) “Government officials performing discretionary functions are granted a qualified immunity shielding them from imposition of personal liability pursuant to 42 USC § 1983 ‘insofar as their conduct does not violate clearly … In this factual setting, it cannot be said that Reid’s failure to tell the Sherins about the masturbation was objectively unreasonable so as to deprive her of qualified immunity.

Clairmont v. Sound Mental Health

632 F.3d 1091 · Court of Appeals for the Ninth Circuit · Jan 19, 2011

The district court held, in the alternative, that “Clairmont’s First Amendment right was not so ‘clearly established’ as to preclude qualified immunity for Ms. Wilson.” … SOUND MENTAL HEALTH immunity. Saucier, 533 U.S. at 201. “If the right was not clearly established at the time of the violation, the official is entitled to qualified immunity.”

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 .

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.

Gyadu v. Frankl

62 F. Supp. 2d 590 · District Court, D. Connecticut · Jul 23, 1999

Individuals are qualifiedly immune insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Id. at 818 , 102 S.Ct. 2727 . … Thus, as to those remedies, the defendants enjoy qualified immunity. The motions to dismiss will be granted, on grounds of qualified immunity, as to the allegations of violations of 42 U.S.C.

Dixon v. Bannister

845 F. Supp. 2d 1136 · District Court, D. Nevada · Feb 25, 2012

Alternatively, Defendants argue they are entitled to qualified immunity because Plaintiff cannot show a clearly established right to receive cosmetic dental services. … Plaintiff therefore has failed to demonstrate a clearly established right and Defendants are entitled to qualified immunity.

Evenstad v. State

178 Ariz. 578 · Court of Appeals of Arizona · Aug 5, 1993

We agree with appellants that the qualified immunity provisions of A.R.S. section 12-820.02 do not apply to the duty of MVD to prescribe rules and regulations. … Clearly, MVD may be held liable for the grossly negligent issuance of drivers’ licenses. See § 12-820.02(5); Bird, 170 Ariz. at 23 , 821 P.2d at 290 (dicta) (qualified immunity applies to issuance of driver’s license).

Ernesto Nunez v. Luiz Izquierdo-Mora, Etc.

834 F.2d 19 · Court of Appeals for the First Circuit · Nov 30, 1987

not “clearly established.” … Thus, it was not clearly established that this position was protected from political discharge. The judgment of the district court in respect to the issue of qualified immunity is Reversed. 1 .

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

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.