Case law

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

John D. Stough v. Walter J. Gallagher

967 F.2d 1523 · Court of Appeals for the Eleventh Circuit · Aug 7, 1992

Stough also contends that Sheriff Gallagher’s actions violated clearly established due process law. V.DISCUSSION A. Qualified Immunity and the First Amendment The Supreme Court held in Harlow v. … ’s actions, and (2) whether the public official’s conduct violated that clearly established law.

Hurt v. United States

914 F. Supp. 1346 · District Court, S.D. West Virginia · Feb 14, 1996

established" as to deprive the defendant of his qualified immunity. … We did not hold that the alleged conduct violated a protected ‘liberty’ interest, and we certainly did not hold that the defendant lost his qualified immunity by violating a ‘clearly established’ constitutional right.

Flores v. Morgan Hill Unified School District

324 F.3d 1130 · Court of Appeals for the Ninth Circuit · Apr 8, 2003

The district court also held that the right to be free from discrimination on the basis of sexual orientation was clearly established. Defendants filed this interlocutory appeal of the denial of qualified immunity. … Clearly Established Law Defendants are entitled to qualified immunity only if the law at the time of the alleged constitutional violation was not clearly established. See Saucier, 533 U.S. at 201-02, 121 S.Ct. 2151 .

York v. Purkey

14 F. App'x 628 · Court of Appeals for the Sixth Circuit · Jul 20, 2001

Therefore, in deciding whether law was clearly established for the purpose of qualified immunity, we look for decisions that involve positions with the same or similar statutory duties. Id. In McCloud v. … The Court wrote: If the law was clearly established, the [qualified] immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Camuglia v. City of Albuquerque

375 F. Supp. 2d 1299 · District Court, D. New Mexico · Apr 28, 2005

SUMMARY JUDGMENT AND QUALIFIED IMMUNITY Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does … It is the plaintiffs burden to establish that a law is clearly established. Pueblo Neighborhood Health Centers, Inc. v.

Corrigan v. District of Columbia

254 F. Supp. 3d 184 · District Court, District of Columbia · Jun 8, 2017

established right had occurred and that the officers were entitled to qualified immunity. … Consequently, whether qualified immunity applies “‘generally turns on the objective legal reasonableness of the [official's] action, assessed in light of the legal rules that were clearly established at the time.’”

William Darnell v. Col. John H. Ford

903 F.2d 556 · Court of Appeals for the Eighth Circuit · Jun 22, 1990

The court reasoned that this claim was not “clearly established” in the law, and therefore Ford was protected under the doctrine of qualified immunity. The Patrol reinstated Darnell to the rank of Captain. … Whether qualified immunity should be applied in this case depends on whether the law was clearly established at the time the action occurred. The trial court should make this determination.

Babcock v. State

116 Wash. 2d 596 · Washington Supreme Court · Apr 4, 1991

Lack of malice is necessary but not sufficient to establish qualified i immunity under Guffey . Caseworkers cannot claim even a qualified immunity when they fail to follow statutory procedures. … We do not think that ex parte orders can establish quasi-judicial immunity for those carrying them out. Ex parte orders do not offer sufficient procedural protections to warrant the establishment of absolute immunity.

Malik Muntaqim, Adc 088633 v. Wendy Kelley, Director, Arkansas Department of Correction

641 S.W.3d 35 · Court of Appeals of Arkansas · Feb 16, 2022

conduct violated that clearly established right. … Otherwise, a state official is immune from individual-capacity suits if his or her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.

District of Columbia v. Minor

740 A.2d 523 · District of Columbia Court of Appeals · Sep 9, 1999

In suits for unlawful arrest brought under § 1983, qualified immunity shields police officers from liability if “ ‘a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and … The instruction given to the jury on qualified immunity stated: “Officer Kelsey is shielded from liability for civil damages as long as he did not intentionally, or with reckless disregard, violate clearly established statutory

Tricoci v. Blackman

District Court, N.D. Illinois · Aug 27, 2024

A police officer is entitled to qualified immunity when performing a discretionary function that is objectively lawful in light of clearly established law and the information an officer possessed at the time. … Pauly, 580 U.S. 73, 78 (2017) ("Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights or which a reasonable person would have known.")

Tony Ray Coleman v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division

409 F.3d 665 · Court of Appeals for the Fifth Circuit · May 13, 2005

The dissent claims that application of Vitek to sex offender conditions cannot be clearly established under AEDPA because courts have found that the law in this area is not clearly established for purposes of qualified immunity … For qualified immunity purposes, law is clearly established if it would be clear to a reasonable official that her conduct was unlawful in the situation she confronted. Saucier v.

Clouse Ex Rel. Clouse v. State

199 Ariz. 196 · Arizona Supreme Court · Feb 1, 2001

We also invited the legislature to address those areas that might need the protection of absolute immunity or qualified immunity. … ’s failure to re *204 tain an arrested person in custody involves clearly governmental activity.

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

Tennyson v. Children's Services Division

308 Or. 80 · Oregon Supreme Court · Jun 13, 1989

Under section 1983, there are two types of immunity: qualified and absolute. 3 Qualified immunity is the norm for executive officials. Harlow v. Fitzgerald, 457 US 800, 807 , 102 S Ct 2727 , 73 L Ed 2d 396 (1982). … It protects conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, supra, 457 US at 818 ; see also Anderson v.

Powell v. Basham

921 F.2d 165 · Court of Appeals for the Eighth Circuit · Dec 11, 1990

On the First Amendment claim, defendants argued, inter alia, that they were entitled to qualified immunity because Powell’s First Amendment right to criticize the promotion system and practices had not been clearly established … Qualified immunity shields a public official from personal liability for constitutional violations “if his conduct was objectively reasonable as measured by clearly established law.” Darnell v.

Larry E. Yowell v. Jerry P. Combs Andy Dalton Jay Henges John Powell Jerry J. Presley David Hurlbut

89 F.3d 542 · Court of Appeals for the Eighth Circuit · Aug 14, 1996

On appeal, Yowell contends the officials are not entitled to qualified immunity because his right to continued employment with the Department was so clearly established at the time of his demotion that the officials must … Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known. 3 Harlow v.

Brooks v. Sevier County

279 F. Supp. 2d 954 · District Court, E.D. Tennessee · Jun 24, 2003

Qualified immunity is an affirmative defense available to government officials for discretionary acts that do not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Claims of qualified immunity are assessed on a fact-specific basis to ascertain whether the particular conduct of the defendant police officer infringed on a clearly established federal right of the plaintiff, and whether

Troy Baker, and Glenn Snader, as Father and Next Friend of Jesse Snader v. City of Hamilton, Ohio, and Eric Taylor

471 F.3d 601 · Court of Appeals for the Sixth Circuit · Dec 18, 2006

If the plaintiff establishes that a constitutional violation occurred, a court must next consider “whether the right was clearly established.” Id. … When a defendant raises a defense of qualified immunity, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity. Silberstein v.