Case law

Richardson v. U.S. Department of Interior

740 F. Supp. 15 · District Court, District of Columbia · Jun 12, 1990

Qualified immunity insulates officials from personal liability when their alleged tortious conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have been aware … Violations of “Clearly Established” Right In Harlow , the Supreme Court held that to overcome an assertion of qualified immunity the constitutional rights alleged by plaintiff to have been violated must have been “clearly

Martinez v. Texas Department of Criminal Justice

300 F.3d 567 · Court of Appeals for the Fifth Circuit · Jul 25, 2002

GOV’T CODE ANN. § 554; and whether Laura Martinez has shown violation of a clearly established constitutional right, thereby depriving the three individual Defendants of qualified immunity. … To determine whether a government official is entitled to qualified immunity, we apply a well-established, two-step analysis: whether the official violated a clearly established constitutional right; and, if he

Michael A. White v. Madeline Holmes Charles Rosenkoetter

21 F.3d 277 · Court of Appeals for the Eighth Circuit · May 18, 1994

In their motion for summary judgment, Holmes and Rosenkoetter argued they did not violate any clearly established laws and are entitled to qualified immunity. 2 In a supplemental motion for summary judgment, the defendants … is entitled to summary judgment based on qualified immunity.

Livingston v. Luken

151 F. App'x 470 · Court of Appeals for the Sixth Circuit · Oct 26, 2005

“According to 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 … established federal law so as to overcome Appellants’ assertion of qualified immunity.

Estate of Williams v. Indiana State Police

26 F. Supp. 3d 824 · District Court, S.D. Indiana · Jun 13, 2014

Qualified Immunity “[Qualified immunity is immunity from suit rather than a mere defense to liability.” Estate of Miller, ex rel. Bertram v. … Qualified immunity for the deficient plan claim.

Ellsberg v. Mitchell

670 F. Supp. 1 · District Court, District of Columbia · Jun 20, 1984

on the Supreme Court’s new qualified immunity test enunciated in Harlow v. … Harlow disposed of the “subjective” aspect of qualified immunity and held that courts should examine only the “objective reasonableness of an official’s conduct, as measured by reference to ‘clearly established’ law.”

Kelsea Mercer v. Athens Cnty., Ohio

72 F.4th 152 · Court of Appeals for the Sixth Circuit · Jun 29, 2023

Qualified Immunity Nurse Gray, Officer Lowery, and Officer Jarvis assert qualified immunity. … Moreover, “[w]hen federal qualified immunity and Ohio state-law immunity under § 2744.03(A)(6) rest on the same questions of material fact, we may review the state-law immunity defense ‘through the lens of the federal qualified

Acevedo-Garcia v. Vera-Monroig

213 F. Supp. 2d 42 · District Court, D. Puerto Rico · Jan 30, 2002

The general rule regarding qualified immunity is that government officials are immune from suit and liability when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable … After finding that the law governing the Saucier’s conduct was clearly established, the Ninth Circuit proceeded to consider whether the officer’s conduct was reasonable in light of the clearly established law.

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

Keefer v. Durkos

371 F. Supp. 2d 686 · District Court, W.D. Pennsylvania · Mar 17, 2005

QUALIFIED IMMUNITY The Defendants argue that they are entitled to qualified immunity for all of the allegations of the Complaint. Defendants’ Brief, p. 19. … Therefore, the Plaintiff possessed a clearly established right to procedural due process in her termination by virtue of the Pennsylvania Whistleblower Law. Qualified immunity is denied as to Count II. .

Heard v. Dulayev

29 F.4th 1195 · Court of Appeals for the Tenth Circuit · Mar 29, 2022

The defendants argued Dulayev was entitled to qualified immunity because Dulayev’s alleged actions did not amount to a constitutional violation under clearly established law. … “In cases where we . . . resolve [the related] claim under the clearly- established-law prong” of the qualified immunity defense, however, “we have repeatedly declined to exercise pendent appellate jurisdiction over

Marjorie Shepherd v. City of Shreveport

920 F.3d 278 · Court of Appeals for the Fifth Circuit · Apr 3, 2019

“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace, 333 F.3d at 623. … Shepherd argues that Corporal Tucker is not entitled to qualified immunity because “the constitutional right to be free of deadly force” is clearly established.

Firth v. State

12 A.D.3d 907 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 2004

The Court of Claims denied claimant’s motion and granted defendant’s cross motion premised on OSIG’s absolute privilege rendering it immune from liability, or alternatively, that OSIG was entitled to a qualified immunity … As the governor would clearly be entitled to absolute immunity, so are employees or agents specifically delegated the authority to carry out his duties (see Ward Telecom. & Computer Servs. v State of New York, supra at 291

Kebe v. Brown

161 F. Supp. 2d 634 · District Court, D. Maryland · Sep 12, 2001

granted qualified immunity. … Officers are “entitled to summary judgment on the ground of qualified immunity if they can establish that reasonable officers could have believed that their actions were lawful in light of both clearly established law and

Mglej v. Garfield County

974 F.3d 1151 · Court of Appeals for the Tenth Circuit · Sep 9, 2020

Once Gardner asserted qualified immunity, it was Mglej’s burden to show “that (1) the officers’ alleged conduct violated a constitutional right, and (2) that right was clearly established at the time of the violation, … The district court, therefore, did not err in denying Deputy Gardner qualified immunity on this excessive force claim.13 13 The clearly established Fourth Amendment violation that Mglej has alleged is that Deputy Gardner

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.

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 .

Zackary Stewart v. Karl Wagner

836 F.3d 978 · Court of Appeals for the Eighth Circuit · Sep 12, 2016

On this record, we conclude it was error to deny Prosecutor Selby qualified immunity on this claim because Stewart failed to present sufficient evidence that Wagner and Selby violated “clearly established [Fourth Amendment … If the motion was made and denied, that would at least establish there was no clearly established violation of the Sixth Amendment.

Alana Crutcher-Sanchez v. James L. Wagner

687 F.3d 979 · Court of Appeals for the Eighth Circuit · Aug 3, 2012

Qualified immunity “protects ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … A qualified immunity analysis involves: first, whether the facts alleged establish a violation of a constitutional or statutory right and second, whether that right was clearly established at the time of the alleged violation

Davis v. City of Aurora Ex Rel. Oates

705 F. Supp. 2d 1243 · District Court, D. Colorado · Mar 31, 2010

In considering what law is clearly established, factual novelty alone does not automatically provide a state official with the protections of qualified immunity. … case law to clearly establish the violation.”