Case law

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”?

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.

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.

White v. Gurnon

67 Mass. App. Ct. 622 · Massachusetts Appeals Court · Oct 30, 2006

Was the right clearly established!? … The qualified immunity doctrine shields government officials from monetary liability in their personal capacity provided the official’s conduct did not violate an individual’s rights that were “clearly established” under

Hutton v. Superintendent, Massachusetts Correctional Institution, Norfolk

45 Mass. App. Ct. 304 · Massachusetts Appeals Court · Aug 13, 1998

“clearly established statutory or constitutional right[] of which a reasonable person would have known.” … Hutton’s rights were not clearly established, and the defendants, therefore, enjoy immunity from suit under the § 1983 claim and under the common law false imprisonment claim. 6 The defendants’ motions for summary judgment

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.

William Manery v. Jason Lee

Court of Appeals for the Seventh Circuit · Jan 7, 2025

An official will be protected by qualified immunity “un- less the plaintiff shows: ‘(1) that the official violated a statu- tory or constitutional right, and (2) that the right was “clearly established” at the time of the … It was not clearly established that Lieutenant Lee’s use of deadly force was unreasonable, and, accordingly, he is entitled to qualified immunity.

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.

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.

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?

Sutton v. Village of Valley Stream, NY

96 F. Supp. 2d 189 · District Court, E.D. New York · May 8, 2000

A government official claiming qualified immunity bears the burden of proving either: (1) that the conduct alleged did not violate clearly established rights of which a reasonable person would have known, or (2) that it was … established” so as to defeat a claim for qualified immunity.

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.

Hyland v. Wonder

117 F.3d 405 · Court of Appeals for the Ninth Circuit · Jun 25, 1997

The defendants asserted qualified immunity. … The district court granted the individual defendants summary judgment on the ground of qualified immunity, finding that it was not “clearly established” in 1989 that a government volunteer possessed the same First Amendment

Shelton v. Angelone

148 F. Supp. 2d 670 · District Court, W.D. Virginia · Mar 21, 2001

“If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Harlow, 457 U.S. at 818-819 , 102 S.Ct. 2727 . … To be clearly established for purposes of qualified immunity, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v.

St. John v. McColley

653 F. Supp. 2d 1155 · District Court, D. New Mexico · Sep 8, 2009

Qualified immunity protects government officials from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … John’s rights were clearly established. The Court finds that they were.

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.”

Opinion Number

Louisiana Attorney General Reports · Nov 17, 2003

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. Harlow v. … Further, the defendants have clearly carried their burden of pleading qualified immunity.

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.

Rehberg v. Paulk

611 F.3d 828 · Court of Appeals for the Eleventh Circuit · Mar 11, 2010

Qualified Immunity Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any “clearly established statutory … immunity because Rehberg’s right to be free from a retaliatory investigation is not clearly established.

Showers v. Spangler

957 F. Supp. 584 · District Court, M.D. Pennsylvania · Mar 5, 1997

of clearly established law.” … While we conclude here that Johnson is correct in so finding, we must also conclude that this was not clearly established law in April of 1993. Defendants are, therefore, entitled to qualified immunity. D.