Case law

Tavarez-Guerrero v. Toledo-Davila

573 F. Supp. 2d 507 · District Court, D. Puerto Rico · May 16, 2008

Therefore, Plaintiffs’ Section 1983 claim shall not be dismissed. 5) Qualified Immunity We will now discuss whether the doctrine of qualified immunity bars Plaintiffs’ claims against Toledo and Marvin. … Since the answer to all three prongs of qualified immunity test is in the affirmative, the Court finds that Plaintiff has overcome the qualified immunity defense raised by Toledo and Marvin. 6) Supervisor Liability Toledo

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

Wallace v. City of Shelby

968 F. Supp. 1204 · District Court, N.D. Ohio · May 30, 1997

The Supreme Court held that, with respect to motions for summary judgment based on qualified immunity, “the judge may appropriately determine, not only the currently applicable law, but whether that law was clearly established … Plaintiffs assert that the use of excessive force is itself a violation of a clearly established constitutional right in “cases dealing with qualified immunity”. (Plaintiffs’ Opp. at 7).

Prowisor v. Bon-Ton, Inc.

426 F. Supp. 2d 165 · District Court, S.D. New York · Apr 6, 2006

Qualified Immunity Even assuming that probable cause was not established, Officer Roth is entitled to qualified immunity. … Qualified immunity can be established in three ways: (1) if defendant’s acts did not violate a clearly established constitutional right; (2) if it remains unclear as to whether an exception permitted such acts; and (3) if

Henderson Duval Houghton v. Carroll v. South

965 F.2d 1532 · Court of Appeals for the Ninth Circuit · Jun 11, 1992

clearly established statutory or constitutional rights of which a reasonable person would have known.” … South moved for summary judgment on his qualified immunity defense.

Harvey Lucious Hall v. George Lombardi William Armontrout, Warden Donald Cline

996 F.2d 954 · Court of Appeals for the Eighth Circuit · Aug 11, 1993

In determining whether the appellants are protected by qualified immunity, we must first decide “the essentially legal question whether the conduct of which [Hall] complains violated clearly established law,” and then we … The test “focuses on the objective legal reasonableness of an official’s acts,” and the qualified immunity defense fails if the official violates a clearly established right because “a reasonably competent public official

Margaret Byers v. Gordon Painter

Court of Appeals for the Fourth Circuit · Apr 17, 2026

The burden of establishing qualified immunity rests on the party seeking the shield of that immunity. Id. … “That means that we may grant qualified immunity [solely] on the ground that the purported right was not clearly established[.]” Id.

Daniel J. Leveto v. Robert A. Lapina

258 F.3d 156 · Court of Appeals for the Third Circuit · Jul 17, 2001

B. 11 The principles governing claims of qualified immunity are well-established. … See Brown, 922 F.2d at 1118-19 (recognizing that the clearly established requirement "may produce distressing results," but finding defendants entitled to qualified immunity).

Leon Washington and Clara Washington v. James Haupert, Joel Slygh and Fred Rogers

481 F.3d 543 · Court of Appeals for the Seventh Circuit · Mar 27, 2007

Governmental actors performing discretionary functions are entitled to qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … If the right was clearly established, the government actor is not entitled to qualified immunity. The plaintiffs allege that the defendants violated their Fourth Amendment rights to be free from unreasonable seizure.

Salas v. Carpenter

980 F.2d 299 · Court of Appeals for the Fifth Circuit · Dec 8, 1992

IV As sheriff, Carpenter is entitled to qualified immunity from suit under section 1983 unless it is shown by specific allegations that he violated clearly established constitutional law. Anderson v. … Since qualified immunity turns on whether a defendant violated a clearly established right, a "necessary concomitant" to that decision is determining "whether the plaintiff has asserted a violation

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

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.

Coffin v. Brandau

597 F.3d 1205 · Court of Appeals for the Eleventh Circuit · Feb 24, 2010

Drawing on that precedent, we analyze whether the Deputies violated the Coffins’ clearly established Fourth Amendment rights and conclude that because they did not, the Deputies are entitled to qualified immunity. … Coffin made clear her intention to shut the garage door. 15 Therefore, we conclude that their “conduct was not so clearly established as to justify stripping [them] of qualified immunity.” McClish, 483 F.3d at 1249 .

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.

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

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

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.

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.

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).

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.