Case law

Belcher v. Paine

136 N.H. 137 · Supreme Court of New Hampshire · Aug 27, 1992

Accordingly, the Court will, in considering the absolute immunity issue, take the well-pleaded facts of the Writ as established. … The decision to indict, even when based on an incomplete investigation, is clearly within the scope of absolute immunity.

Church of Universal Love & Music v. Fayette County

892 F. Supp. 2d 736 · District Court, W.D. Pennsylvania · Aug 31, 2012

QUALIFIED IMMUNITY Qualified immunity involves a two-prong inquiry. … I find, therefore, that the pertinent law was not “clearly established” for purposes of qualified immunity.

Bellotte v. Edwards

629 F.3d 415 · Court of Appeals for the Fourth Circuit · Jan 11, 2011

Kennedy, 349 F.3d 731, 743 (4th Cir.2003), we affirm the district court’s holding that this no-knock entry violated the Bellottes’ clearly established constitutional rights and does not warrant an award of qualified immunity … Because we have jurisdiction over the denial of a claim for qualified immunity on summary judgment only “to the extent that the official maintains that the official’s conduct did not violate clearly established law,” Winfield

McClendon v. May

37 F. Supp. 2d 1371 · District Court, S.D. Georgia · Feb 3, 1999

James, 157 F.3d 1271 (11th Cir.1998) establishes the current test for qualified immunity in the Eleventh Circuit. … Finally, an unofficial opinion of a state attorney general, even if it had been issued before the conduct occurred, would not constitute clearly established law for qualified immunity purposes.

Buckley v. BARBOUR COUNTY, ALA.

624 F. Supp. 2d 1335 · District Court, M.D. Alabama · Dec 15, 2008

An official is not entitled to qualified immunity if (1) the official’s conduct violated a constitutional or statutory right; and (2) the violation was “ ‘clearly established.’ ” Id. (quoting Saucier v. … Gamble thus fails the first prong of the qualified immunity test. The violation was also “clearly established,” placing Gamble on fair notice of an unconstitutional violation.

Kerns v. Board of Com'rs of Bernalillo County

707 F. Supp. 2d 1190 · District Court, D. New Mexico · Apr 12, 2010

They argued that, even if the right to exclude is clearly established, they were still entitled to qualified immunity because the right to be free from retaliation in the private property context is not clearly established … Wilkie that the plaintiff had a clearly established Fifth-Amendment right to exclude others from his property, so qualified immunity was inappropriate for retaliation for the exercise of that clearly established right.

Curtis Morton v. City of Little Rock Phillip Wilson, and Ronnie Gatewood, Individually and in Their Official Capacities

934 F.2d 180 · Court of Appeals for the Eighth Circuit · May 30, 1991

, (3) Wilson’s misconduct was negligent rather than intentional, and (4) plaintiff’s claims against Gatewood in his individual capacity were barred by qualified immunity and quasi-judicial immunity. … To avoid summary judgment based on qualified immunity, plaintiff must show that at the time of Gatewood's action or inaction, the specific right at issue was so clearly established that any reasonable law enforcement officer

Arzabala v. Weems

District Court, N.D. Texas · Jan 31, 2023

When a defendant has asserted a qualified-immunity defense, the Court may, under certain circumstances, permit limited discovery that is narrowly tailored to uncover facts that the Court needs to rule on the qualified-immunity … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Jackson v. Johnson

797 F. Supp. 2d 1057 · District Court, D. Montana · Jul 18, 2011

Qualified Immunity Qualified immunity shields a government actor from a suit for damages if the actor could have reasonably believed his conduct was lawful, in light of clearly established law and the information possessed … With that determination it is necessary to turn to the second step in the qualified immunity analysis, i.e., whether the right violated by Deputy Johnson was clearly established in the law as of June 10, 2009. b.

Harrison v. State

203 So. 3d 126 · Court of Criminal Appeals of Alabama · Dec 18, 2015

Absent a clearly expressed legislative intent to the contrary, the language of the statute is conclusive. … We first note that Harrison is not entitled to any relief on his claim that he presented sufficient evidence during trial and after trial to establish that he was immune from prosecution.

Brown v. Fogle

867 F. Supp. 2d 61 · District Court, District of Columbia · May 17, 2012

Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bame v. … "If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id.

Mark v. Shoen Edward J. Shoen v. Leonard Samuel Shoen Christina G. Shoen, Ronald J. Watkins, Witness-Appellant

48 F.3d 412 · Court of Appeals for the Ninth Circuit · Feb 15, 1995

Hayes, 408 U.S. 665 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972), as establishing a qualified privilege for journalists against compelled disclosure of information gathered in the course of their work. … As a result, Leonard Shoen’s September 1991 statements, if any, regarding his attitude toward plaintiffs are not clearly relevant to an important issue in this litigation. 1 Although plaintiffs’ failure to establish clear

State Ex Rel. Jacobs v. Sherard

36 N.C. App. 60 · Court of Appeals of North Carolina · Apr 18, 1978

Contending that prosecutorial immunity may be only “qualified,” or malice-destroyed, defendant relies on the following language in State v. … Swanson’s grant of only qualified immunity to public officers does not affect the general grant of absolute immunity to district attorneys.

Escalera-Saldado v. United States

261 F. Supp. 3d 163 · District Court, D. Puerto Rico · Sep 26, 2016

The qualified immunity doctrine “protects 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 … To do so, the plaintiff must show that (1) “defendants violated a statutory or constitutional right,” and that (2) “the right was clearly established at the time.” Morales, 794 F.3d at 214 .

Dominguez v. Figueroa Sancha

373 F. Supp. 3d 333 · United States District Court · Feb 7, 2019

Qualified Immunity [A] public actor's liability under [ § ] 1983 is not absolute: the doctrine of qualified immunity provides a safe harbor for a wide range of mistaken judgments. *348 Cox v. … Predictably, they now move for summary judgment on qualified immunity grounds, so the court will give it a second go. The qualified immunity inquiry "entails a two-step pavane." Alfano v.

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

McCall Ex Rel. Odom v. Department of Human Resources

176 F. Supp. 2d 1355 · District Court, M.D. Georgia · Nov 29, 2001

their conduct violates no ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Lassiter v. … “For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government

Cunningham v. Snyder

472 F. Supp. 2d 1023 · District Court, S.D. Illinois · Sep 19, 2006

To defeat a qualified immunity defense, a plaintiff bears the burden of demonstrating that “the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law … See Greenberg, 840 F.2d at 472 (quoting Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 ) (observing that the principle underlying the doctrine of qualified immunity is that “[i]f the law at the time was not clearly established,

Olson v. Johnson

961 So. 2d 356 · District Court of Appeal of Florida · Jun 29, 2007

Alternatively, Johnson asserts that a qualified privilege is applicable and is sufficient to defeat Olson's claim. We conclude that neither an absolute nor a qualified privilege applies here. … Sovereign Immunity Does Not Apply Finally, Johnson has failed to explain how her actions in filing the police affidavit could possibly be protected by sovereign immunity.

Kelly v. District of Columbia

District Court, District of Columbia · Nov 15, 2021

Even if the Court concluded that Officer Gaton’s use of force was not objectively reasonable, he is entitled to qualified immunity so long as the use force did not violate “clearly established” law. … a “clearly established” right.