Case law

White v. Gurnon

67 Mass. App. Ct. 622 · Massachusetts Appeals Court · Oct 30, 2006

Was the right clearly established!? … The qualified immunity doctrine shields government officials from monetary liability in their personal capacity provided the official’s conduct did not violate an individual’s rights that were “clearly established” under

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.

Webb v. Streeter

District Court, D. Nebraska · Aug 22, 2022

QUALIFIED IMMUNITY Qualified immunity shields officials from civil liability in a 42 U.S.C. §1983 action when their conduct “does not violate clearly established statutory or … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff, however, must demonstrate that the law is clearly established.” Sparr v.

Patrick v. Lewis

397 F. Supp. 2d 1134 · District Court, D. Minnesota · Oct 28, 2005

Defendants argue that Officers Lewis and Wilson are entitled to qualified immunity with respect to the seizure and booking of Patrick because their conduct was reasonable and there is no clearly established right to forced … Accordingly, even if Plaintiffs had satisfied the first prong of the qualified immunity test, they would be unable to satisfy the “clearly established” prong. Cf. Davis v.

Mitchell v. Luckenbill

680 F. Supp. 2d 672 · District Court, M.D. Pennsylvania · Jan 5, 2010

“Qualified immunity shields government officials from civil damages liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … was clearly established at the time of the violation.”

Johnson v. Northside Residents Redevelopment Council

467 N.W.2d 826 · Court of Appeals of Minnesota · Apr 9, 1991

Qualified privileges do not act as an immunity from suit, but rather as an immunity from liability for damages. … These issues clearly do not involve immunity and should not be reviewed in this procedural posture.

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).

Torian v. City of Beckley

963 F. Supp. 565 · District Court, S.D. West Virginia · May 7, 1997

Defendant Sweeney clearly is entitled to qualified immunity from liability in regard to the federal constitutional claim. … Law enforcement officers are immune from § 1983 liability arising from official discretionary acts that do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Catletti ex rel. Estate of Catletti v. Rampe

334 F.3d 225 · Court of Appeals for the Second Circuit · Jul 2, 2003

The district court denied the motion, holding that defendants’ claim of qualified immunity is defeated by the clearly established constitutional right to testify at a trial. See Catletti v. … A public official is entitled to qualified immunity when his or her conduct “did not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Hope v.

Price v. Dixon

961 F. Supp. 894 · District Court, E.D. North Carolina · Mar 21, 1997

Qualified immunity operates to release government officials from suit if it cannot be shown that their conduct violated a clearly established constitutional right of which a reasonable person in their position would have … Without expressly deciding this issue, however, the court finds that qualified immunity is appropriate based on the “clearly established law” analysis.

Mayronne v. Vaught

94 La.App. 4 Cir. 2140 · Louisiana Court of Appeal · Apr 13, 1995

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their Rconduct does not violate clearly established statutory or constitutional rights of which … Qualified immunity does not act as an absolute bar, but rather as a threshold over which a plaintiff must pass to continue litigation.

Closs v. Goose Creek Consolidated Independent School District

874 S.W.2d 859 · Texas Court of Appeals, 6th District (Texarkana) · Apr 12, 1994

Government officials enjoy qualified good faith immunity from liability if their actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. … of their due process rights. *874 As for the individual school district appellees, they are entitled to qualified good faith immunity when performing discretionary functions if their conduct does not violate clearly established

K.D. ex rel. Duncan v. White Plains School District

921 F. Supp. 2d 197 · District Court, S.D. New York · Feb 5, 2013

Qualified Immunity Since Defendants have asserted a qualified immunity defense based on the absence of a clearly established right, the Court begins, not with an analysis of whether KD.’s Fourth Amendment rights were violated … Legal Standard “Qualified immunity was created to shield government officials from civil liability for the performance of discretionary functions so long as their conduct does not violate clearly established statutory or

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

Michael Seals-Brown v. Jeffrey Llopis

678 F. App'x 533 · Court of Appeals for the Ninth Circuit · Feb 23, 2017

qualified immunity related to their enforcement of those conditions. … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Sisinia Pro v. Ronald Donatucci. Ronald Donatucci, Register of Wills

81 F.3d 1283 · Court of Appeals for the Third Circuit · Apr 26, 1996

As we summarized in In re City of Philadelphia Litig.: If the law is not established clearly when an official acts, he is entitled to qualified immunity because he ‘could not reasonably be expected to anticipate subsequent … to qualified immunity.

Opinion Number

Louisiana Attorney General Reports · Nov 17, 2003

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. Harlow v. … Further, the defendants have clearly carried their burden of pleading qualified immunity.

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.

Beck v. Wilson

377 F.3d 884 · Court of Appeals for the Eighth Circuit · Jul 29, 2004

violate clearly established law. … clearly established at the time of the alleged misconduct.

Garlanger v. Verbeke

223 F. Supp. 2d 596 · District Court, D. New Jersey · Sep 27, 2002

The doctrine of qualified immunity shields government officials “from suits seeking damages under § 1983 ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In determining whether a police officer is entitled to qualified immunity, both the existence of a clearly established right and the objective reasonableness of the officer’s actions are questions of law for the Court to