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

Tricoci v. Blackman

District Court, N.D. Illinois · Aug 27, 2024

A police officer is entitled to qualified immunity when performing a discretionary function that is objectively lawful in light of clearly established law and the information an officer possessed at the time. … Pauly, 580 U.S. 73, 78 (2017) ("Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights or which a reasonable person would have known.")

Corrigan v. District of Columbia

254 F. Supp. 3d 184 · District Court, District of Columbia · Jun 8, 2017

established right had occurred and that the officers were entitled to qualified immunity. … Consequently, whether qualified immunity applies “‘generally turns on the objective legal reasonableness of the [official's] action, assessed in light of the legal rules that were clearly established at the time.’”

Boyer v. Petersen

221 F. Supp. 3d 943 · District Court, W.D. Michigan · Oct 27, 2016

Legal Framework: Qualified Immunity “[Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Chief Campbell is entitled to qualified immunity. Chief Campbell, on the other hand, is entitled to qualified immunity.

Clouse Ex Rel. Clouse v. State

199 Ariz. 196 · Arizona Supreme Court · Feb 1, 2001

We also invited the legislature to address those areas that might need the protection of absolute immunity or qualified immunity. … ’s failure to re *204 tain an arrested person in custody involves clearly governmental activity.

Elkins v. Summit County, Ohio

615 F.3d 671 · Court of Appeals for the Sixth Circuit · Aug 10, 2010

Qualified Immunity In evaluating qualified immunity claims, we “[f]irst . . . determine whether a constitutional violation occurred; second, we determine whether the right that was violated was a clearly established … immunity, i.e., whether a given set of facts violates clearly established law.’”

Burhans v. Lopez

24 F. Supp. 3d 375 · District Court, S.D. New York · Jun 10, 2014

An official is entitled to qualified immunity if his or her “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” DiStiso v. … Finally, Silver asserts that he is entitled to qualified immunity under state and city law.

Larry E. Yowell v. Jerry P. Combs Andy Dalton Jay Henges John Powell Jerry J. Presley David Hurlbut

89 F.3d 542 · Court of Appeals for the Eighth Circuit · Aug 14, 1996

On appeal, Yowell contends the officials are not entitled to qualified immunity because his right to continued employment with the Department was so clearly established at the time of his demotion that the officials must … Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known. 3 Harlow v.

Hanas v. Inner City Christian Outreach, Inc.

542 F. Supp. 2d 683 · District Court, E.D. Michigan · Feb 29, 2008

’s constitutional rights were clearly established. … Hanas’s right under the Establishment Clause to be free from state coercion was clearly established since 2001. See Inouye v.

Essence Welch v. Daniel Dempsey

51 F.4th 809 · Court of Appeals for the Eighth Circuit · Oct 20, 2022

In a footnote, the court noted that Dempsey’s motion made “a passing reference that ‘at minimum’ he is entitled to qualified immunity,” and concluded that the law was clearly established that retaliation for protected speech … In an interlocutory appeal raising a defense of qualified immunity, this court has jurisdiction to address only an order deciding a purely legal issue of whether the facts alleged by a plaintiff show a violation of clearly

Zarnow v. City of Wichita Falls, Texas

500 F.3d 401 · Court of Appeals for the Fifth Circuit · Sep 13, 2007

Smith, 117 F.3d 866, 871-72 (5th Cir. 1997) (“We do not require that an official demonstrate that he did not violate clearly established federal rights; our precedent places that burden upon plaintiffs.”). … To prevail, Zarnow must show that the search was unreasonable under clearly-established law at the time of the search. See Sorenson v. Ferrie, 134 F.3d 325, 328 (5th Cir. 1998).

Jim Maxwell v. County of San Diego

708 F.3d 1075 · Court of Appeals for the Ninth Circuit · Feb 14, 2013

Qualified immunity protects government officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … To determine whether an officer is entitled to qualified immunity, we ask, in the order we choose, (1) whether the alleged misconduct violated a right and (2) whether the right was clearly established at the time of the alleged

Peter Antonellis v. Department of Elder Affairs and Ann Hartsein, Individually and in Her Official Capacity as Secretary of Elder Affairs

Massachusetts Superior Court · Jan 15, 2019

Even if Plaintiff establishes these three elements, a Defendant escapes liability if he or she shows an entitlement to qualified immunity, an affirmative defense. DiMarco C Zappa v. … clearly established rights."

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).

Matthews Ex Rel. Matthews v. Armitage

36 F. Supp. 2d 121 · District Court, N.D. New York · Jan 25, 1999

Qualified Immunity Defendants also seek judgment as a matter of law on the ground of qualified immunity. … A public official is entitled to qualified immunity when, at the time the officer was acting, the right in question was not clearly established or, even if the right was established, it was not objectively reasonable for

Fernez v. Calabrese

760 So. 2d 1144 · District Court of Appeal of Florida · Jul 7, 2000

The court pointed out that under the qualified immunity doctrine, government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly … If there are factual disputes, clearly they should be resolved by the trial court. [2] Rule 9.130 states a party must be denied sovereign or qualified immunity "as a matter of law," but this is not always easy to determine

John Doe v. Univ. of Kentucky

860 F.3d 365 · Court of Appeals for the Sixth Circuit · Jun 15, 2017

Defendant Simpson fails to show this procedure is inapplicable in cases involving qualified immunity.4 The concerns that support determining qualified immunity at the earliest stage of litigation are not present … As qualified immunity is “immunity from suit rather than a mere defense to liability,” it becomes essentially meaningless if a case wrongfully goes to trial. Pearson, 555 U.S. at 231.

Holeman v. City of New London

330 F. Supp. 2d 99 · District Court, D. Connecticut · Aug 16, 2004

“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … Since a constitutional violation could be shown, the court must proceed to the qualified immunity inquiry and ask whether the right violated was clearly established. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Moreta-Ramirez v. Lemert

156 F. Supp. 2d 138 · District Court, D. Puerto Rico · Jul 18, 2001

Qualified Immunity Defendants invoke the doctrine of qualified immunity in support of their motion to dismiss. The defense of qualified immunity is available to federal officials acting in the scope of their employment. … Interpreting Harlow , the First Circuit has established a three-part inquiry to determine whether or not the doctrine of qualified immunity applies in a given situation.

Malik Muntaqim, Adc 088633 v. Wendy Kelley, Director, Arkansas Department of Correction

641 S.W.3d 35 · Court of Appeals of Arkansas · Feb 16, 2022

conduct violated that clearly established right. … Otherwise, a state official is immune from individual-capacity suits if his or her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.