Case law

Niles v. Town of Wakefield

172 F. Supp. 3d 429 · District Court, D. Massachusetts · Mar 24, 2016

Qualified Immunity ■ The First Circuit recently described the contours of the qualified immunity defense in detail as follows: The rules for granting qualified immunity are well established, “The doctrine of qualified immunity … ” subject to qualified immunity).

Eidson v. Owens

515 F.3d 1139 · Court of Appeals for the Tenth Circuit · Feb 13, 2008

Qualified Immunity “The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages insofar as their conduct does not violate clearly established statutory … But if a violation can be shown, we must then consider whether the right was clearly established. Id. A.

Transcare Maryland, Inc. v. Murray

431 Md. 225 · Court of Appeals of Maryland · Apr 22, 2013

The County noted that, while the firefighter was clearly immune under the Good Samaritan Act, “[t]he volunteer fire department, however, is a private nonprofit corporation which does not appear to have the statutory immunity … Act, regardless of whether the company’s employee may qualify for immunity under the statute.

Misty Kingsland v. City of Miami

382 F.3d 1220 · Court of Appeals for the Eleventh Circuit · Aug 31, 2004

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly 11 We recall that probable cause requires that “‘ … “Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id.

Sweatt v. Blackman Township Officer Brent Doxtader

986 F. Supp. 2d 886 · District Court, E.D. Michigan · Dec 11, 2013

The doctrine of qualified immunity generally protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or … excessive force. 4 The Court finds that this right was clearly established.

Richardson v. Dist. of Columbia

322 F. Supp. 3d 175 · Court of Appeals for the D.C. Circuit · Aug 24, 2018

He is therefore entitled to qualified immunity in his individual capacity. … As the Court explained, Smith himself is protected from this allegation by qualified immunity-no clearly established law required him to institute such policies.

Matthews Ex Rel. Matthews v. Armitage

36 F. Supp. 2d 121 · District Court, N.D. New York · Jan 25, 1999

Qualified Immunity Defendants also seek judgment as a matter of law on the ground of qualified immunity. … A public official is entitled to qualified immunity when, at the time the officer was acting, the right in question was not clearly established or, even if the right was established, it was not objectively reasonable for

Williams v. BOARD OF REGENTS OF UNIV.

763 N.W.2d 646 · Court of Appeals of Minnesota · Mar 31, 2009

Qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Maturi, as a government official, receives the protections of qualified immunity when performing dis *655 cretionary functions unless he could reasonably be expected to recognize that his conduct would violate clearly established

Tunnell v. Office of Public Defender

583 F. Supp. 762 · District Court, E.D. Pennsylvania · Mar 23, 1984

If the law was not clearly established, the defendant will prevail on summary judgment on the basis of the qualified immunity defense, id. at 818, 102 S.Ct. 2739 , unless the plaintiff claims that the official actually knew … If, on the other hand, the applicable law was clearly established, then, as the Court noted in Harlow , it should have been known to “a reasonably competent public official,” and the qualified immunity defense “should ordinarily

Stanley v. Muzio

578 F. Supp. 2d 443 · District Court, D. Connecticut · Sep 26, 2008

Qualified Immunity The doctrine of qualified immunity protects government officials from liability for damages caused by the performance of discretionary official functions if their conduct does not violate a clearly established … If the court finds a potential violation, it next must determine whether, considering the facts of the case before it, that right was clearly established at the time of the incident. See Saucier v.

Safeguard Mutual Insurance v. Miller

456 F. Supp. 682 · District Court, E.D. Pennsylvania · Jul 13, 1978

On the other hand, conduct falling within the investigative and administrative functions of these defendants is subject to a qualified immunity and they must establish their good faith in order to escape liability. … As such, he is entitled only to the qualified immunity of other executive officials, and he must establish his good faith to avoid liability. Again, this is an issue best resolved at trial.

Moore v. Hartman

644 F.3d 415 · Court of Appeals for the D.C. Circuit · Jul 15, 2011

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 person would have … federal right allegedly infringed was clearly established.”

SAN GERÓNIMO CARIBE PROJECT, INC. v. Vila

663 F. Supp. 2d 54 · District Court, D. Puerto Rico · Sep 30, 2009

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Pearson v. Callahan, — U.S. —, 129 S.Ct. 808, 815-816 , 172 L.Ed.2d 565 (2009)(citing Anderson v. … As aforementioned, when determining qualified immunity, the Court may choose to first assess whether the constitutional right asserted by the Plaintiff was clearly established at the time of the alleged violation.

Anne Powers v. John T. Lightner, D/B/A Lightner Auto Sales, Third-Party Plaintiff v. Barry Jones and Bruce White, Third-Party

820 F.2d 818 · Court of Appeals for the Third Circuit · Aug 3, 1987

I consider here only the issue of qualified immunity. I. … 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 a reasonable person would have known

Sparks v. Kim

701 So. 2d 1113 · Mississippi Supreme Court · Nov 13, 1997

The immunity set forth in Hudson/Marshall is not absolute, but only qualified. … Panola County Bd. of Educ., 645 So.2d 883, 890-92 (Miss. 1994) (noting that Remedies Clause is not abrogated by immunities that were well established at time of Clause's adoption); Robinson v.

Naccarato v. Oliver

882 F. Supp. 297 · District Court, E.D. New York · Apr 19, 1995

Further, even when the right in question was clearly established at the time of the alleged unlawful conduct, an official is still entitled to immunity were it objectively reasonable for him to believe the conduct lawful. … If an officer kicked a handcuffed arrestee in the back, that act would violate a clearly established constitutional right and this Court would not grant immunity from liability for such conduct.

Bloom v. Toliver

133 F. Supp. 3d 1314 · District Court, N.D. Oklahoma · Sep 22, 2015

They are also entitled to qualified immunity because Bloom has not satisfied the “clearly established law” prong, as'required to defeat these defendants’ assertion of qualified immunity. … Hammett does not argue the “clearly established law” prong of the qualified immunity defense.

Kathleen A. Walsh v. Cuyahoga County, and Terry Allan

424 F.3d 510 · Court of Appeals for the Sixth Circuit · Sep 21, 2005

Allan was not entitled to qualified immunity because Ms. Walsh’s right to a pre-termination hearing was clearly established by Cleveland Board of Education v. … Ill Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Dudek v. Nassau County Sheriff's Department

991 F. Supp. 2d 402 · District Court, E.D. New York · Nov 19, 2013

The standard for qualified immunity is "objective,” and not "subjective,” reasonableness, "as measured by reference to clearly established law” about which a "reasonably competent public official should know.” … for qualified immunity purposes. .

McKinney ex rel. McKinney v. DeKalb County

997 F.2d 1440 · Court of Appeals for the Eleventh Circuit · Aug 17, 1993

The issue on this appeal of a denial of summary judgment based on qualified immunity is a purely legal one: first, whether there was a clearly established constitutional right, and second, whether, viewed most favorably to … Under the test for qualified immunity, Officer Nelsen could avoid liability for discretionary functions if his alleged conduct did not violate “clearly established statutory or constitutional rights of which a reasonable