Case law

Kjellsen v. Mills

517 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Feb 21, 2008

DISCUSSION Qualified immunity protects public employees performing discretionary functions1 from the burdens of civil trials and from liability unless their conduct violates “clearly established statutory or constitutional … right was “clearly established” on the date of the alleged violation.

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.

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

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.

Masonoff v. DuBois

336 F. Supp. 2d 54 · District Court, D. Massachusetts · Sep 17, 2004

To determine whether the defendants here are entitled to the shield of qualified immunity, I must inquire: “(1) whether the facts as alleged make out a constitutional violation; (2) whether that right was clearly established … Was the right clearly established?

May v. Higgins

District Court, E.D. Arkansas · May 24, 2021

Qualified immunity protects government officials who acted in an objectively reasonable manner and shields them from liability when their conduct does not violate “clearly established statutory or constitutional rights … right was not clearly established at the time of the alleged violation, such that reasonable officials would not have known their actions were unlawful.

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.

Garcia v. Does

764 F.3d 170 · Court of Appeals for the Second Circuit · Aug 21, 2014

Qualified Immunity “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was … Defendants bear the burden of establishing qualified immunity. Vincent v. Yelick, 718 F.3d 157, 166 (2d Cir.2013).

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.

Samander v. Flemmig

20 F. Supp. 2d 343 · District Court, D. Connecticut · Sep 2, 1998

Qualified Immunity A party is entitled to summary judgment on qualified immunity grounds if the court finds that the rights asserted by the plaintiff were not clearly established or: no reasonable jury, looking at the evidence … “The right to be free of excessive force is clearly established. That there are constitutional limitations on the use of deadly force during the course of an arrest is also clearly established.” Salim v.

Pisciotti v. County of Wayne

76 F. Supp. 2d 307 · District Court, W.D. New York · Dec 21, 1999

“The doctrine of qualified immunity ‘shields government officials from liability for damages on account of their performance of discretionary official functions insofar as their conduct does not violate clearly established … Further, even if the plaintiffs rights were clearly established, a government actor is entitled to qualified immunity if at the time of the challenged act it was objectively reasonable for him to believe that his actions

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. .

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

Anthony Palmer v. Paul Richards, Ronald Goss

364 F.3d 60 · Court of Appeals for the Second Circuit · Apr 6, 2004

established, we conclude that the district court (Baer, J.) properly denied the defendant’s motion for summary judgment on the basis of qualified immunity. … It was, of course, Richards’s burden at summary judgment to show the nonexistence of a clearly established right and his entitlement to qualified immunity. Tellier, 280 F.3d at 84 .

Liffiton v. Keuker

850 F.2d 73 · Court of Appeals for the Second Circuit · Jun 21, 1988

Even if they are not entitled to absolute immunity, they may be entitled to qualified immunity if their actions were objectively reasonable under clearly established law. Harlow v. … Such an action is neither clearly prosecutorial in nature, entitling him to absolute immunity, nor objectively reasonable under clearly established law, entitling him to qualified immunity.

Gale v. Storti

608 F. Supp. 2d 629 · District Court, E.D. Pennsylvania · Mar 19, 2009

Qualified Immunity Qualified immunity can protect police officers sued in their individual capacities from liability under § 1983, the Fourteenth Amendment, and the Fourth Amendment if their conduct does not violate clearly … “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Angela Orr v. Eric Copeland

844 F.3d 484 · Court of Appeals for the Fifth Circuit · Dec 22, 2016

Villarreal, 628 F.3d 209, 214 (5th Cir. 2010) (“[O]nce a defendant invokes qualified immunity, the burden shifts to the plaintiff to show that the defendant is not entitled to qualified immunity.”). … But qualified immunity insulates those 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

Lavoy Steed v. Missouri State Highway Patrol

2 F.4th 767 · Court of Appeals for the Eighth Circuit · Jun 25, 2021

Qualified immunity shields a defendant from personal liability if his or her conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Quraishi v. … “[T]he issue for immunity purposes is not probable cause in fact but arguable probable cause, that is, whether the officer should have known that the arrest violated plaintiff’s clearly established right.” Schaffer v.

Brittany Harris v. Kimberly Klare

902 F.3d 630 · Court of Appeals for the Sixth Circuit · Sep 5, 2018

, and (2) whether that right was clearly established.” … “When . . . a defendant raises qualified immunity as a defense . . . [t]he plaintiff has the burden of showing that a right is clearly established . . .

Fenner v. Suthers

194 F. Supp. 2d 1146 · District Court, D. Colorado · Apr 2, 2002

to exist, has not heretofore been clearly established. … Defendants argue that the case must still be dismissed, because they are entitled to qualified immunity for another reason: there is simply no clearly established constitutional right to treatment for hepatitis C.