Case law

Monica L. Moore v. Gwinnett County, and Xyz Company, and John Doe, Jointly and Severally, J.O. Meadows

967 F.2d 1495 · Court of Appeals for the Eleventh Circuit · Aug 6, 1992

According to this doctrine, “public officials performing discretionary functions enjoy qualified [or good faith] immunity from civil damages liability ‘insofar as their conduct does not violate clearly established statutory … On the basis of that analysis, we disagree with the district court’s conclusion and find that qualified immunity clearly attaches to Officer Meadows’s challenged conduct. I.

Melanie Kelsay v. Matt Ernst

905 F.3d 1081 · Court of Appeals for the Eighth Circuit · Sep 27, 2018

Qualified immunity shields a government official from suit under § 1983 if his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … The district court rejected Ernst's defense of qualified immunity.

Freeman v. Fallin

254 F. Supp. 2d 52 · District Court, District of Columbia · Mar 24, 2003

Qualified immunity “shield[s officials] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Britton, 523 U.S. 574, 591 , 118 S.Ct. 1584 , 140 L.Ed.2d 759 (1998) (stating that “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know

Mitchell v. Luckenbill

680 F. Supp. 2d 672 · District Court, M.D. Pennsylvania · Jan 5, 2010

“Qualified immunity shields government officials from civil damages liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … was clearly established at the time of the violation.”

Amore v. Novarro

610 F.3d 155 · Court of Appeals for the Second Circuit · Jun 22, 2010

The district court concluded that Novarro was not entitled to qualified immunity: Amore had a clearly established constitutional right to be free from unlawful arrest, and it would have been clear to a reasonable officer … Whether the “objectively reasonable” inquiry is framed as part of the “clearly established” inquiry, or apart from it, does not affect the outcome of the qualified immunity analysis here. 9 *163 III.

Elkins v. Summit County, Ohio

615 F.3d 671 · Court of Appeals for the Sixth Circuit · Aug 10, 2010

Qualified Immunity In evaluating qualified immunity claims, we “[f]irst . . . determine whether a constitutional violation occurred; second, we determine whether the right that was violated was a clearly established … immunity, i.e., whether a given set of facts violates clearly established law.’”

Michael Seals-Brown v. Jeffrey Llopis

678 F. App'x 533 · Court of Appeals for the Ninth Circuit · Feb 23, 2017

qualified immunity related to their enforcement of those conditions. … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Burhans v. Lopez

24 F. Supp. 3d 375 · District Court, S.D. New York · Jun 10, 2014

An official is entitled to qualified immunity if his or her “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” DiStiso v. … Finally, Silver asserts that he is entitled to qualified immunity under state and city law.

Ryan v. Mesa Unified School District

64 F. Supp. 3d 1356 · District Court, D. Arizona · Dec 5, 2014

Count I Goodman argues that Count I fails both prongs of the qualified immunity test. … prayer before softball games” is unconstitutional. 52 In sum, Goodman argues that he is entitled to qualified immunity because the law regarding “the intersection of public schools and religion is far from clearly established

Mark Debower, plaintiff-appellee/cross-appellant v. County of Bremer, Iowa, Duane Hildebrandt, in His Individual and Official Capacities, and Dennis Miller, in His Individual and Official Capacities, defendants-appellants/cross-appellees.

Court of Appeals of Iowa · Apr 30, 2014

In the post-trial motion ruling the district court noted qualified immunity is defeated where a defendant violates a clearly establish right. … “[T]he 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

Caceres v. Port Authority of New York & New Jersey

646 F. Supp. 2d 412 · District Court, S.D. New York · Jun 19, 2009

Notwithstanding the violation of a clearly established constitutional or statutory right, in the case of an arrest an officer may still establish qualified immunity under federal law by showing either that “it was objectively … Therefore, the only issue is whether Lieutenant Sangiorgi is entitled to qualified immunity notwithstanding his violation of the plaintiffs clearly established constitutional right — that is, whether Lieutenant Sangiorgi’

John Doe v. Univ. of Kentucky

860 F.3d 365 · Court of Appeals for the Sixth Circuit · Jun 15, 2017

Defendant Simpson fails to show this procedure is inapplicable in cases involving qualified immunity.4 The concerns that support determining qualified immunity at the earliest stage of litigation are not present … As qualified immunity is “immunity from suit rather than a mere defense to liability,” it becomes essentially meaningless if a case wrongfully goes to trial. Pearson, 555 U.S. at 231.

Barbera v. Smith

654 F. Supp. 386 · District Court, S.D. New York · Feb 9, 1987

Plaintiff’s claims may be dismissed on grounds of qualified immunity if defendants show that “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Unless plaintiff’s allegations state a claim of violation of clearly established law, defendants pleading qualified immunity, as Martin and Schlessinger do here, are entitled to dismissal before the commencement of discovery

ELENE H. v. County of Los Angeles

220 Cal. App. 3d 1445 · California Court of Appeal · May 2, 1990

Defendants contend that their conduct was totally immunized and, if not totally immunized, was within the range of qualified immunity for law enforcement officers recognized by federal law. (Malley v. … Clearly the behavior of a law enforcement officer which is grossly incompetent or demonstrates knowing disregard for established legal rights is not protected by qualified immunity. *1454 In the case at bench, the defendants

Gelatt v. County of Broome, NY

811 F. Supp. 61 · District Court, N.D. New York · Jan 15, 1993

Qualified immunity, on the other hand, shields the official from civil liability when, in performing a discretionary function, his conduct did not violate clearly established statutory or constitutional rights of which a … that were ‘clearly established’ at the time it was taken.”

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.

Ricky Brogsdale v. Marion S. Barry, Jr., Donyell A. Marsh v. Marion S. Barry, Jr.

926 F.2d 1184 · Court of Appeals for the D.C. Circuit · Mar 12, 1991

legal rules that were ‘clearly established’ at the time it was taken.” … Hollowell, 714 F.2d 1372, 1376 (5th Cir.1983) (inmates’ rights were “clearly established” by earlier court order, such that breach of that order could not be within officials’ qualified immunity).

Herrera v. Santa Fe Public Schools

956 F. Supp. 2d 1191 · District Court, D. New Mexico · Jun 28, 2013

Clearly Established Rights in the Qualified Immunity Analysis. … The Supreme Court, faced with the clearly established prong of Wilson’s qualified immunity, recognized that “courts considering qualified immunity for strip searches” have found it “impossible to establish clearly the contours

Shekleton v. Eichenberger

677 F.3d 361 · Court of Appeals for the Eighth Circuit · May 3, 2012

Qualified immunity protects officers from liability in a section 1983 case “unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known.” … clearly established constitutional violation.

Brady v. Dill

24 F. Supp. 2d 129 · District Court, D. Massachusetts · Oct 16, 1998

Qualified Immunity There are two parts to any qualified immunity analysis. First, it must be determined whether the right asserted by the plaintiffs was “clearly established” at the time of the alleged violation. … The reason cited was that “the focus in the usual Fourth Amendment qualified immunity analysis is not whether it is 'clearly established' that an unreasonable search and seizure would violate the Constitution but rather whether