Case law

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

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

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

Daniel J. Leveto v. Robert A. Lapina

258 F.3d 156 · Court of Appeals for the Third Circuit · Jul 17, 2001

B. 11 The principles governing claims of qualified immunity are well-established. … See Brown, 922 F.2d at 1118-19 (recognizing that the clearly established requirement "may produce distressing results," but finding defendants entitled to qualified immunity).

Fernez v. Calabrese

760 So. 2d 1144 · District Court of Appeal of Florida · Jul 7, 2000

The court pointed out that under the qualified immunity doctrine, government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly … If there are factual disputes, clearly they should be resolved by the trial court. [2] Rule 9.130 states a party must be denied sovereign or qualified immunity "as a matter of law," but this is not always easy to determine

John Doe v. Univ. of Kentucky

860 F.3d 365 · Court of Appeals for the Sixth Circuit · Jun 15, 2017

Defendant Simpson fails to show this procedure is inapplicable in cases involving qualified immunity.4 The concerns that support determining qualified immunity at the earliest stage of litigation are not present … As qualified immunity is “immunity from suit rather than a mere defense to liability,” it becomes essentially meaningless if a case wrongfully goes to trial. Pearson, 555 U.S. at 231.

Holeman v. City of New London

330 F. Supp. 2d 99 · District Court, D. Connecticut · Aug 16, 2004

“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … Since a constitutional violation could be shown, the court must proceed to the qualified immunity inquiry and ask whether the right violated was clearly established. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Moreta-Ramirez v. Lemert

156 F. Supp. 2d 138 · District Court, D. Puerto Rico · Jul 18, 2001

Qualified Immunity Defendants invoke the doctrine of qualified immunity in support of their motion to dismiss. The defense of qualified immunity is available to federal officials acting in the scope of their employment. … Interpreting Harlow , the First Circuit has established a three-part inquiry to determine whether or not the doctrine of qualified immunity applies in a given situation.

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.

Crandel v. Hastings

75 F.4th 537 · Court of Appeals for the Fifth Circuit · Aug 1, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. … Again, when defendants assert qualified immunity, “a plaintiff seeking to overcome qualified immunity must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly

Westmoreland v. Sutherland

718 F. Supp. 2d 884 · District Court, N.D. Ohio · Jun 11, 2010

Qualified immunity cases, however, are not precisely on point. … “The doctrine of qualified immunity shields government officials from liability, as well as from suit, so long as their official conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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

Allan Rodgers v. Daniel Knight

781 F.3d 932 · Court of Appeals for the Eighth Circuit · Mar 23, 2015

Municipalities do not enjoy qualified immunity, but a municipality “cannot exhibit fault rising to the level of deliberate indifference to a constitutional right when that right has not yet been clearly established.” … At a minimum, the act of retaining the guns did not violate clearly established law.

Fields v. City of Philadelphia

166 F. Supp. 3d 528 · District Court, E.D. Pennsylvania · Feb 19, 2016

immunity, “our case law does not clearly establish a right to videotape police officers performing their official duties.” … Affirming the district court and rejecting officers’ claim of qualified immunity, the court of appeals held qualified immunity did not apply to officers because it was clearly established, "gathering information about government

Robinson v. York

566 F.3d 817 · Court of Appeals for the Ninth Circuit · Apr 27, 2009

Defendants appeal from the denial of qualified immunity. For the reasons that follow, we affirm. I. … not affect whether Defendants are entitled to qualified immunity at this stage of the proceedings.

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.

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.

Jordan Jones v. George Solomon

90 F.4th 198 · Court of Appeals for the Fourth Circuit · Jan 3, 2024

“To overcome an official’s claim of qualified immunity, the plaintiff must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the … Under binding case law, however, a defendant official is entitled to qualified immunity where his actions did not violate a clearly established right.

Lowther v. Children Youth and Family Department

101 F.4th 742 · Court of Appeals for the Tenth Circuit · May 7, 2024

Miles are entitled to qualified immunity because the Lowthers had not shown the alleged violation was clearly established. … We affirmed based on qualified immunity, concluding the law was not clearly established. Id. at 1135–38.