Case law

Opinions from 1658 to today.

Filters1891

10,000+ results

1.71s

  • Johnson v. Perry

    859 F.3d 156 · Court of Appeals for the Second Circuit · Jun 8, 2017

    was clearly established at 9 the time of the challenged conduct." … Against a background of clearly 2 established law, the availability of qualified immunity "generally turns on the [defendant's conduct's] 3 'objective legal reasonableness.'" Anderson v.

    Cited 89 timesPublished
  • Estate of Gaither v. District of Columbia

    833 F. Supp. 2d 110 · District Court, District of Columbia · Dec 19, 2011

    “Qualified immunity shields federal and state officials from suit unless a plaintiff alleges facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … qualified immunity appropriate.

    Cited 3 timesPublished
  • 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

    Cited 22 timesPublished
  • Ambrose v. Coffey

    696 F. Supp. 2d 1119 · District Court, E.D. California · Mar 31, 2010

    immunity. 4 Specifically, the court held that these defendants were entitled to qualified immunity because it was not clearly established that the performance of MUAs by licensed chiropractors in California was legal. … In its December 24, 2009 order the court held that because it was not clearly established that the performance of MUAs was lawful, defendants Weydert and Coffey were entitled to qualified immunity on plaintiffs’ claims under

    Cited 2 timesPublished
  • Eberhardinger v. City of York

    341 F. Supp. 3d 420 · District Court, M.D. Pennsylvania · Sep 17, 2018

    Qualified Immunity Qualified immunity protects a state actor who has committed a constitutional violation if the plaintiff's rights were not "clearly established" when the individual acted. See Pearson v. … The Supreme Court of the United States has repeatedly admonished that, when analyzing qualified immunity, courts should not "define clearly established law at a high level of generality."

    Cited 8 timesPublished
  • Carrasquillo v. Aponte Roque

    682 F. Supp. 137 · District Court, D. Puerto Rico · Mar 9, 1988

    those rights was ‘clearly established in plaintiff's favor.’ ” Juarbe-Angueira v. … Put another way, “only where the action in question is clearly unlawful does a defendant lose his qualified immunity.” Juarbe-Angueira, 831 F.2d at 12 (emphasis in original).

    Cited 9 timesPublished
  • Chew v. Gates

    27 F.3d 1432 · Court of Appeals for the Ninth Circuit · Jun 27, 1994

    Bagley, 988 F.2d 868 (9th Cir.1993), in which we employed “a two-part analysis” to determine whether the defendants were entitled to qualified immunity: “1) Was the law governing the official's conduct clearly established … 's first question dictates our decision on qualified immunity, and not only when we decide that the law is not clearly established.

    Cited 368 timesPublished
  • Brown v. Smythe

    780 F. Supp. 274 · District Court, E.D. Pennsylvania · Jan 7, 1992

    Qualified Immunity Qualified immunity serves to insulate governmental officials from liability for civil damages when the discretionary conduct of that official “does not violate clearly established statutory or constitutional … The defendants bear the burden of establishing the defense of qualified immunity, and a plaintiff may overcome the official’s defense by demonstrating that his or her clearly established rights were knowingly or recklessly

    Cited 9 timesPublished
  • Onnette v. Reed

    832 S.W.2d 450 · Texas Court of Appeals, 1st District (Houston) · Jun 25, 1992

    Regarding appellant’s section 1983 claim, appellees argue that “[the TDCJ employees] are entitled to qualified immunity.” Prison officials and officers may rely on qualified immunity in section 1983 actions. … To meet this burden, the plaintiff must estab *453 lish that the defendant’s conduct “violated clearly established statutory or constitutional rights of which a reasonable person would have known.” Brown v.

    Cited 9 timesPublished
  • Herrera v. Santa Fe Public Schools

    41 F. Supp. 3d 1027 · District Court, D. New Mexico · Aug 29, 2014

    (“Robles has successfully established the violation of a clearly established right and therefore qualified immunity is not appropriate. … Clearly Established Rights in the Qualifíed Immunity Analysis.

    Cited 6 timesPublished
  • Collins v. Jordan

    110 F.3d 1363 · Court of Appeals for the Ninth Circuit · Dec 4, 1996

    Thus, we have jurisdiction to consider Hongisto’s legal contention that he is entitled to qualified immunity because the law was not clearly established that, given the events of the previous day, an order to ban all demonstrations … Such conduct would violate clearly established First and Fourth Amendment rights.

    Cited 95 timesPublished
  • Bordas v. Washtenaw County

    1 F. Supp. 2d 680 · District Court, E.D. Michigan · Apr 2, 1998

    A claim of qualified immunity depends on whether the defendant’s conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. Id. at 638-40 ; Harlow v. … To defeat a motion for summary judgment based on a claim of qualified immunity in the Sixth Circuit, a plaintiff must establish two things.

    Cited 1 timesPublished
  • 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

    Cited 31 timesPublished
  • Brown v. Ridgway

    845 F. Supp. 2d 1273 · District Court, M.D. Florida · Feb 29, 2012

    “Once the defendant establishes that he was acting within his discretionary authority, the burden shifts to the plaintiff to show that qualified immunity is not appropriate.” Id. … See Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (“Qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a clearly established

    Cited 1 timesPublished
  • 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 .

    Cited 41 timesPublished
  • Rivers v. O'BRIEN

    83 F. Supp. 2d 328 · District Court, N.D. New York · Jan 21, 2000

    Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable’ for him to … In order to trump qualified immunity, the Plaintiffs must demonstrate that (1) Defendants’ conduct violated any of the Plaintiffs’ clearly established rights; and (2) that these rights would have been known to a reasonable

    Cited 1 timesPublished
  • Brenda Albert v. City of Wheeling

    238 W. Va. 129 · West Virginia Supreme Court · Oct 27, 2016

    Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition … To decide otherwise would risk further erosion of “well-established common law and statutory immunities which are vital to the proper functioning] of government.”

    Cited 17 timesPublished
  • 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.”

    Cited 7 timesPublished
  • Shaw v. Oconee County, Ga.

    863 F. Supp. 1578 · District Court, M.D. Georgia · Oct 11, 1994

    Qualified Immunity The Eleventh Circuit Court of Appeals has adopted an objective-reasonableness test for determining whether a government official is entitled to qualified immunity. See Courson v. … Under this analysis, the defendant is entitled to qualified immunity if either (1) the law was not clearly established, or (2) the law was clearly established but the defendant did not violate the law. Id. n. 14.

    Cited 2 timesPublished
  • 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.

    Cited 30 timesPublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.