Case law

Arzabala v. Weems

District Court, N.D. Texas · Jan 31, 2023

When a defendant has asserted a qualified-immunity defense, the Court may, under certain circumstances, permit limited discovery that is narrowly tailored to uncover facts that the Court needs to rule on the qualified-immunity … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Lopez Quinonez v. PUERTO RICO NAT. GUARD

488 F. Supp. 2d 112 · District Court, D. Puerto Rico · May 18, 2007

QUALIFIED IMMUNITY Qualified immunity shields public officials performing discretionary functions from civil damages, so long as their conduct does not violate clearly established statutory or constitutional rights, of which … We have used a three-prong analysis for evaluating qualified immunity claims.

Rogers v. Pocono Mountain East High School

District Court, M.D. Pennsylvania · Aug 5, 2022

The doctrine of qualified immunity provides that government officials performing “discretionary functions,” are shielded from suit if their conduct did not violate a “clearly established statutory or constitutional right … Ct. 2042, 2044 (2015) (“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

Killebrew v. City of Greenwood, Miss.

988 F. Supp. 1010 · District Court, N.D. Mississippi · Nov 3, 1997

If so, the court must then decide whether the constitutional right allegedly violated was clearly established at the time of the events in question. Id. … There can certainly be no dispute that the right to equal protection under the Fourteenth Amendment was clearly established at the time of the events in question.

Springer v. Seventh Judicial District Court

District Court, D. New Mexico · Feb 9, 2024

“Qualified immunity ‘protects governmental officials from liability for civil damages insofar as their conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person … Hunter, 669 F.3d 937, 939-40 (9th Cir. 2012) (“Qualified immunity is only an immunity from a suit for money damages, and does not provide immunity from a suit seeking declaratory or injunctive relief.”); Yates v.

Mellott v. Sprague

334 F. Supp. 3d 916 · District Court, C.D. Illinois · Jun 15, 2017

In order to defeat a defense of qualified immunity, Plaintiff must demonstrate that: (1) Defendants conduct violated his constitutional rights; and (2) the violated rights were clearly established at the time of the alleged … This right had been clearly established since, at the latest, 1990.

Spivey v. Elliott

41 F.3d 1497 · Court of Appeals for the Eleventh Circuit · Jan 11, 1995

The defendants are entitled to qualified immunity if it is determined that the legal precedents do not reveal that the defendants violated "clearly established … The opinion is fully reaffirmed, however, on the holding that there was no constitutional duty clearly established at the time of the sexual assault, so the defendant officials were properly entitled to qualified immunity

Skinner v. Chapman

680 F. Supp. 2d 470 · District Court, W.D. New York · Jan 28, 2010

Qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable person would … If a deprivation exists, qualified immunity is appropriate where:(l) the legal right said to be violated was not clearly established at the time of the defendant’s conduct; (2) the defendant’s action was objectively reasonable

Hall v. Ryan

957 F.2d 402 · Court of Appeals for the Seventh Circuit · Feb 28, 1992

Judge Baker noted that qualified immunity shields government officials performing discretionary functions from civil liability if their actions do not violate clearly established statutory or constitutional rights of which … Gamble, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 , the standard of conduct imposed on defendants with respect to the care of people in custody was clearly established, so that the police officers' qualified immunity defense

Jim Maxwell v. County of San Diego

708 F.3d 1075 · Court of Appeals for the Ninth Circuit · Feb 14, 2013

Qualified immunity protects government officers “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 … To determine whether an officer is entitled to qualified immunity, we ask, in the order we choose, (1) whether the alleged misconduct violated a right and (2) whether the right was clearly established at the time of the alleged

Holeman v. City of New London

330 F. Supp. 2d 99 · District Court, D. Connecticut · Aug 16, 2004

“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … Since a constitutional violation could be shown, the court must proceed to the qualified immunity inquiry and ask whether the right violated was clearly established. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Weaver v. Brenner

40 F.3d 527 · Court of Appeals for the Second Circuit · Oct 26, 1994

Clearly Established Right 23 The threshold issue in deciding whether a public official is entitled to qualified immunity is, as noted, whether the federal right was clearly established at the time the alleged violation occurred … the relevant rights to have been clearly established in 1989 is affirmed.

Supreme Video, Inc. v. Schauz

808 F. Supp. 1380 · District Court, E.D. Wisconsin · Dec 14, 1992

On the other hand, there is no qualified immunity if the defendant violated “a clearly established and well litigated general proposition in which the case at hand merely presents a new factual wrinkle.” … immunity defense, Supreme Video must show that the defendants’ conduct violated certain constitutional rights that were clearly and particularly established at the time of the seizure.

Jordan v. New Jersey Department of Corrections

881 F. Supp. 947 · District Court, D. New Jersey · Mar 31, 1995

The court also determined, however, that the prison guard was entitled to qualified immunity because the prisoner’s legal right was not “clearly established” at the time the action was taken. … established” to strip defendant Fowler of qualified immunity.

Ridpath v. Board of Governors Marshall University

447 F.3d 292 · Court of Appeals for the Fourth Circuit · May 11, 2006

Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, “ ‘insofar as their conduct does not violate clearly established statutory … Under the second prong of the qualified immunity test, we assess whether the free speech claims would contravene clearly established rights of which a reasonable person would have known. See Mellen v.

Aguirre v. City of San Antonio

995 F.3d 395 · Court of Appeals for the Fifth Circuit · Apr 22, 2021

Under the doctrine of qualified immunity, “[g]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … “The second prong of the qualified-immunity analysis asks whether . . . the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (citing Hope v.

State of Arizona v. Justin James Chase

232 Ariz. 265 · Court of Appeals of Arizona · May 17, 2013

“If the existence of immunity turns on disputed factual issues, the jury determines the facts and the court then determines whether those facts are sufficient to establish immunity.” Chamberlain v. … Should the defendant fail to establish immunity, the state, of course, still must prove all elements of the charged offenses beyond a reasonable doubt at trial.

Torrez v. El Paso County Sheriff's Department

District Court, D. Colorado · Sep 16, 2021

and qualified immunity is appropriate). … July 22, 2021), the Court engaged in an extremely thorough examination of precedent from the Tenth Circuit Court of Appeals regarding when a right is clearly established for purposes of qualified immunity, ultimately finding

Young v. Keohane

809 F. Supp. 1185 · District Court, M.D. Pennsylvania · Nov 13, 1992

In some cases, the qualified immunity issue may also turn on “the complementary question whether defendant had a clearly established duty towards plaintiff.” Ryan v. … What is “clearly established” law for qualified immunity purposes, however, commands only some, “not precise factual correspondence between relevant precedents and the conduct at issue.” Ryan, 860 F.2d at 1208 .

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.