Case law

McRae v. Tena

914 F. Supp. 363 · District Court, D. Arizona · Jan 25, 1996

Qualified Immunity The Ninth Circuit Court of Appeals has repeatedly held that the defense of qualified immunity is available to police officers in excessive force cases. See, e.g., Scott v. … The Supreme Court eschewed generalizing of the “clearly established right” factor.

Trugreen Landcare, L.L.C. v. Scott

512 F. Supp. 2d 613 · District Court, N.D. Texas · Mar 16, 2007

Nationsbank Corp., 188 F.3d 579, 588 (5th Cir.1999) (holding that individual defendants were entitled to qualified immunity from suit alleging RICO claim because rights that served as basis of claim were not clearly established … Although it is well settled that qualified immunity is not analyzed in identical terms as are the merits of Scott’s RICO claim, in these circumstances' — where Duebner is clearly entitled to summary judgment and has already

Mattingly v. Mitchell

425 S.W.3d 85 · Court of Appeals of Kentucky · Jun 21, 2013

Although Prater involved a claim of absolute immunity, the rule is logically extended to a claim of qualified official immunity. … Our Supreme Court held teachers assigned to supervise a school-sponsored baseball practice were not entitled to qualified official immunity because the school had an established rule that children were required to wear batting

Connecticut Criminal Defense Lawyers Ass'n v. Forst

88 F.3d 111 · Court of Appeals for the Second Circuit · Jul 3, 1996

On appeal, defendants contend that they are entitled to qualified immunity principally because at the pertinent times it was not clearly established that tape-recording telephone calls, without ever listening to them, violated … Summary judgment dismissing a claim on the basis of the defendants’ qualified-immunity defense may thus be granted if the court finds that the asserted rights were not clearly established, or if the evidence is such that,

Helms v. Gamet

828 F. Supp. 819 · District Court, D. Colorado · Aug 6, 1993

Qualified Immunity Defendants claim that Officer Garnet is entitled to qualified immunity from suit because a reasonable officer in his position could have believed his actions were lawful. … legal rules that were clearly established at the time the action was taken.

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.

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).

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.”

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 .

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.

Stone-El v. Fairman

785 F. Supp. 711 · District Court, N.D. Illinois · Dec 17, 1991

We now turn to the issue of qualified immunity. B. … However, as the right in question was not clearly established in reference to the facts of this case, defendants are entitled to qualified immunity. As such, we dismiss Stone-El’s amended complaint in its entirety.

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”).

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.

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.

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.

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.

Cooper v. Brunswick County Sheriff's Department

896 F. Supp. 2d 432 · District Court, E.D. North Carolina · Sep 27, 2012

Qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … rules that were clearly established at the time it was taken.”

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.”