Case law

Donahue v. Gavin

280 F.3d 371 · Court of Appeals for the First Circuit · Feb 7, 2002

B. 28 Government officials exercising discretionary functions have qualified immunity from suits seeking damages under § 1983 "insofar as their conduct does not violate clearly established statutory or constitutional rights … violated some clearly established statutory or constitutional right.

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.

Gilbert v. Selsky

867 F. Supp. 159 · District Court, S.D. New York · Sep 29, 1994

QUALIFIED IMMUNITY Under the doctrine of qualified immunity, government officials are shielded from liability provided that their actions are discretionary in nature and do not violate a clearly established statutory or constitutional … Sullivan, 720 F.Supp. 40, 43-44 (S.D.N.Y.1989) (right to independent assessment not clearly established in 1988).

Navorro-Monzo v. Hughes

297 Ark. 444 · Supreme Court of Arkansas · Jan 17, 1989

Both of these cases concerned qualified privilege or immunity. … It was clearly a privileged publication. Neither the allegations in the complaint nor other matters presented to the court, even if established at trial, would support a finding of malice.

Timmins v. Toto

91 F. App'x 165 · Court of Appeals for the Second Circuit · Feb 5, 2004

To establish qualified immunity in § 1983 claims, a defendant must show “either ‘(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his … Whatever rule Walsh established, that rule was not clearly established at the time of the chase. Toto is therefore entitled to qualified immunity on this claim. Abromaitis, 294 F.3d at 360 .

Ricardo Salazar-Limon v. City of Houston

826 F.3d 272 · Court of Appeals for the Fifth Circuit · Jun 16, 2016

“In order to overcome a qualified immunity defense, a plaintiff must allege a violation of a constitutional right, and then must show that ‘the right was clearly established . . . in light of the specific context of the case … of which was clearly unreasonable.”

Souza v. Pina

53 F.3d 423 · Court of Appeals for the First Circuit · Apr 28, 1995

Otherwise, as the Supreme Court has observed, the generality at which courts identify the "clearly established" legal right threatens to "convert the rule of qualified immunity . . . … Because Souza has failed to establish that appellants' acts transgressed a clearly established right, we conclude that defendants may invoke the defense of qualified immunity.

Broussard v. Lafayette City-Parish Consolidated Government

45 F. Supp. 3d 553 · District Court, W.D. Louisiana · Sep 5, 2014

The defendants’ motions for sanctions and the alternative motions for summary judgment on qualified immunity are DEFERRED. REPORT AND RECOMMENDATION PATRICK J. HANNA, United States Magistrate Judge. … The Punitive Damages Claims It has been thirty-three years since the Supreme Court clearly stated: “we hold that a municipality is immune from punitive damages under 42 U.S.C. § 1983 .” City of Newport v.

Brian Berry v. Travis Leslie

767 F.3d 1144 · Court of Appeals for the Eleventh Circuit · Sep 16, 2014

But Leslie is not being denied qualified immunity for violations of clearly established constitutional rights that he did not commit or that were not pursuant to a *1157 policy that he approved. … established rights and requires the denial of qualified immunity.

Mason v. Massachusetts Department of Environmental Protection

774 F. Supp. 2d 349 · District Court, D. Massachusetts · Mar 29, 2011

entitled to qualified immunity because their liability had not been “clearly established.” 160 The Individual Defendants provide no First Circuit case law to support the application of qualified immunity here. 161 The Individual … See, e.g., Darby, 287 F.3d at 681 (explaining that the qualified immunity defense does not apply because the FMLA creates "clearly established statutory rights”).

El-Ghazzawy v. Berthiaume

708 F. Supp. 2d 874 · District Court, D. Minnesota · Apr 16, 2010

Berthiaume is still entitled to qualified immunity, in the face of a constitutional violation, if the constitutional right *885 at issue was not “clearly established” at the time the violation occurred. … Therefore, Berthiaume has not met her burden in establishing her right to qualified immunity and El-Ghazzawy’s Fourth-Amendment claim will stand. II.

Nigro v. Carrasquillo

152 F. Supp. 3d 1364 · District Court, S.D. Florida · Dec 17, 2015

Accordingly, Officer Carrasquillo is entitled to qualified immunity. … Qualified immunity protects government officials so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Wood v.

Cooney v. White

845 P.2d 353 · Wyoming Supreme Court · Dec 31, 1992

The United States Supreme Court has firmly established that qualified immunity provides adequate protection for many of the duties required of a prosecutor. … In setting forth the appropriate test for qualified immunity, the court in Schrob, 948 F.2d at 1420-21 (footnote omitted) stated: [The prosecutor] will be shielded from liability of his "conduct does not violate clearly established

Vanterpool v. Cuccinelli

998 F. Supp. 2d 451 · District Court, E.D. Virginia · Feb 7, 2014

To grant a defendant qualified immunity a court must find that the defendant’s conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have known. … established in the Fourth Circuit at all times relevant to this action, and Defendants are entitled to qualified immunity. 6 C.

Fernandez-Bravo v. Town of Manchester

711 F. App'x 5 · Court of Appeals for the Second Circuit · Jan 16, 2017

“A police officer is entitled to qualified immunity if (1) his conduct does not violate a clearly established constitutional right, or (2) it was objectively reasonable for the officer to believe his conduct did not violate … a clearly established constitutional right.”

Coffin v. Brandau

597 F.3d 1205 · Court of Appeals for the Eleventh Circuit · Feb 24, 2010

Drawing on that precedent, we analyze whether the Deputies violated the Coffins’ clearly established Fourth Amendment rights and conclude that because they did not, the Deputies are entitled to qualified immunity. … Coffin made clear her intention to shut the garage door. 15 Therefore, we conclude that their “conduct was not so clearly established as to justify stripping [them] of qualified immunity.” McClish, 483 F.3d at 1249 .

Eves v. LePage

842 F.3d 133 · Court of Appeals for the First Circuit · Nov 22, 2016

Qualified Immunity Framework Qualified immunity analysis, which forecloses Speaker Eves’s damages claims, encompasses two inquiries. … Oct. 24, 2016) (affording qualified immunity to elected official, for lack of clearly established law, in part because “it has never been established that a governmental official who does not himself retaliate but instead

French v. Merrill

15 F.4th 116 · Court of Appeals for the First Circuit · Oct 1, 2021

Hence, the officers - 34 - violated clearly established law and are not entitled to qualified immunity. C. … qualified immunity

Lal v. California

746 F.3d 1112 · Court of Appeals for the Ninth Circuit · Mar 31, 2014

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. at 440 (quoting Pearson v. … In determining whether an officer is entitled to qualified immunity, we consider (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time of the officer

Bouggess v. Mattingly

426 F. Supp. 2d 601 · District Court, W.D. Kentucky · Mar 31, 2006

Qualified immunity must be granted if the plaintiff cannot establish each of these elements ... … Clearly Established Right?