Case law

Jennifer Harmon v. Second Judicial Circuit of the State of Missouri

Court of Appeals for the Eighth Circuit · Jan 13, 2025

The court concluded that the Government Defendants were entitled to qualified immunity because Harmon failed to show that any constitutional violation was clearly established. … Because Harmon failed to show that the alleged substantive due process violations were clearly established, the Government Defendants are entitled to qualified immunity for the § 1983 claims.

Ways v. City of Lincoln

909 F. Supp. 1316 · District Court, D. Nebraska · Dec 13, 1995

Because this inquiry is fact intensive, “ ‘the asserted First Amendment right’ can rarely be considered ‘clearly established’ for purposes of the Harlow qualified immunity standard.” Id. (quoting Buzek v. … by definition be “clearly established.”

Hinton v. City of Elwood

997 F.2d 774 · Court of Appeals for the Tenth Circuit · Jun 29, 1993

Since this conclusion is sufficient to support the district court’s finding of qualified immunity, we need not reach the issue of whether the law was clearly established at the time Myer and White’s conduct occurred. … In Medina we determined that the individual defendants were entitled to qualified immunity because the law was not clearly established, 960 F.2d at 1498-99 , and in Watson we remanded for a finding on that *783 issue, 857

Medeiros v. Merced County Sheriff Deputy Clark

713 F. Supp. 2d 1043 · District Court, E.D. California · May 5, 2010

Qualified immunity serves to shield 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 … Thus, Satterfield is not entitled to *1063 qualified immunity for these alleged acts, because they violated the plaintiffs’ clearly established constitutional rights. Id. at 1005-1007. See also Bretz v.

Nucor Holding Corp. v. Rinkines

326 Ark. 217 · Supreme Court of Arkansas · Oct 7, 1996

The qualified immunity claim is a claim of right which is separable from, and collateral to, rights asserted in the complaint. . . . … Beaumont, supra, and stated: “The appealability of a denial of summary judgment based on qualified immunity from suit is clearly established.” Virden v. Roper, 302 Ark. at 128 , 788 S.W.2d at 472 .

Greffey v. State of Ala. Dept. of Corrections

996 F. Supp. 1368 · District Court, N.D. Alabama · Mar 20, 1998

Qualified Immunity Qualified immunity insulates governmental officials in their individual capacities from civil lawsuits, so long as the challenged discretionary conduct does not violate clearly established federal statutory … were clearly established at the time of the challenged actions____The words ‘clearly established ... constitutional rights’ may not be used to read the defense of immunity out of federal tort law by the facile expedi *1386

Landers v. Adelstein

Court of Appeals for the Fifth Circuit · Sep 8, 2021

“The grant of a motion to dismiss based on qualified immunity similarly is reviewed de novo.” Whitley v. Hanna, 726 F.3d 631, 637 (5th Cir. 2013). … His assertions that Adelstein was not entitled to qualified immunity fail as he cannot establish the denial of a constitutional right.

Baribeau v. City of Minneapolis

596 F.3d 465 · Court of Appeals for the Eighth Circuit · Feb 24, 2010

The doctrine of qualified immunity protects the officers from personal liability under § 1983 “insofar as their conduct does not violate clearly established ... constitutional rights of which a reasonable person would have … Under the doctrine of qualified immunity, a county employee may be held personally liable for a constitutional violation only if his own conduct violated a clearly established constitutional right.

Debera MacE Individually and as Representative of the Estate of Jacob Vincent Revill, Deceased v. City of Palestine Pat Henderson

333 F.3d 621 · Court of Appeals for the Fifth Circuit · Jul 24, 2003

Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Claims of qualified immunity require a two-step analysis.

Quartararo v. Catterson

917 F. Supp. 919 · District Court, E.D. New York · Jan 25, 1996

With respect to the three categories of defendants who now seek dismissal on the basis of qualified immunity, the plaintiff alleges the existence of two distinct types of clearly established rights: (1) a clearly-established … a clearly established federal right.

Joseph Williams v. City of Sparks

112 F.4th 635 · Court of Appeals for the Ninth Circuit · Aug 9, 2024

of their conduct was ‘clearly established at the time.’” … A municipality is not entitled to assert the defense of qualified immunity. See id.

Frye v. Hodges

839 F. Supp. 2d 843 · District Court, W.D. Virginia · Dec 30, 2011

“Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, insofar as their conduct does not violate clearly established statutory … To overcome a qualified immunity defense, a plaintiff in a § 1983 case must show that the defendant’s action deprived the plaintiff of a protected constitutional right and that the right was so clearly established at the

Musso-Escude v. Edwards

4 P.3d 151 · Court of Appeals of Washington · Jul 17, 2000

is alleged. [22] Qualified immunity protects an official only for those acts done in *156 good faith. [23] In general, executive branch officials are afforded qualified immunity. [24] Where a state actor claims immunity … Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct "does not violate clearly established statutory or

Harris v. District Board of Trustees of Polk Community College

9 F. Supp. 2d 1319 · District Court, M.D. Florida · Jun 18, 1998

The Eleventh Circuit Court of Appeals affirmed this Court’s ruling on the law enforcement officer defendants, saying that they were not entitled- to qualified immunity because “their conduct violated clearly established law … The Circuit Court of Appeals granted qualified immunity to the university officials in Andre because the plaintiff did not allege that they violated any clearly established law. Id. at 6.

Tearpock-Martini v. Borough

98 F. Supp. 3d 697 · District Court, M.D. Pennsylvania · Mar 20, 2015

For a qualified immunity analysis, therefore, the court must examine: 1) whether the officials violated a constitutional right and 2) whether that right was clearly established at the time. Wright v. … Accordingly, we cannot find that the right was clearly established at the time and qualified immunity applies to the individual defendants.

Yorzinski v. Imbert

39 F. Supp. 3d 218 · District Court, D. Connecticut · Aug 7, 2014

The doctrine of qualified immunity shields “government officials performing discretionary functions” from civil damages liability as long as “their conduct does not violate clearly established statutory or constitutional … The qualified immunity doctrine involves a two-step analysis: a plaintiff must plead “facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the

Monroe v. Gould

372 F. Supp. 3d 197 · District Court, S.D. Illinois · Mar 14, 2019

Qualified immunity shields government officials whose conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … "The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was 'clearly established'; and (3) even if the right was 'clearly

Thomas Richard Brown v. Frank D'Amico

35 F.3d 97 · Court of Appeals for the Second Circuit · Sep 12, 1994

Qualified immunity shields arresting officers from personal liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … We hold that D’Amico is entitled to qualified immunity because this right was not clearly established in December 1986 when he applied for an arrest warrant (nor indeed is it clearly established even now).

Powell v. Fugate

364 F. Supp. 3d 709 · District Court, E.D. Kentucky · Mar 8, 2019

Qualified Immunity Qualified immunity shields public officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The qualified immunity inquiry is twofold, requiring assessment of "(1) whether the facts alleged by the plaintiff make out the violation of a constitutional right and (2) whether the right at issue was 'clearly established

Haley v. City of Boston

657 F.3d 39 · Court of Appeals for the First Circuit · Sep 19, 2011

If "it is plain that a constitutional right is not clearly established," a court may grant the requested immunity without undertaking the "essentially academic exercise" of ascertaining whether … The upshot, then, is that, by 1972, the relevant right was clearly established.