Case law

Spencer v. Rau

542 F. Supp. 2d 583 · District Court, W.D. Texas · Oct 11, 2007

Qualified Immunity The Officers assert they are entitled to qualified immunity. … In order to establish the defendant is not entitled to qualified immunity, a plaintiff must satisfy a two-part test: (1) under existing law, the plaintiff must allege a violation of an actual, clearly established constitutional

Tamara Brand v. Kevin Casal

877 F.3d 1253 · Court of Appeals for the Eleventh Circuit · Dec 19, 2017

“Clearly Established” Law Having concluded that Deputy Pardinas’s conduct violated a constitutional right, the next question in our qualified immunity analysis is whether that constitutional right was “clearly established … Brand’s right to bodily privacy was clearly established. We affirm the District Court’s denial of qualified immunity on the Brands’ bodily-privacy claim. 17 IV.

Colon-Andino v. Toledo-Davila

634 F. Supp. 2d 220 · District Court, D. Puerto Rico · Jul 13, 2009

“In administering the [Supreme] Court’s test, this circuit has tended to list separately the two sub-parts of the ‘clearly established’ prong along with the first prong and, as a result, has articulated the qualified immunity … Defendants offer what is clearly a template ("boiler plate”) summary of the law on qualified immunity that is outdated- and fails to apply the qualified immunity analysis to the facts of this case adequately.

John v. County of Centre

80 F. Supp. 2d 437 · District Court, M.D. Pennsylvania · Feb 1, 2000

“Unless plaintiffs allegations state a claim of a violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” P.F. v. … Therefore, we find that plaintiffs cannot overcome defendants’ qualified immunity defense by showing that the challenged conduct violated rights that were clearly established at the time the conduct occurred.

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.

Jackson v. Rapps

746 F. Supp. 934 · District Court, W.D. Missouri · Aug 13, 1990

The qualified immunity bar applies when the alleged conduct does not violate, under an objective standard of review, a clearly established statutory or constitutional right. … The Court held that Mitchell was entitled to qualified immunity because it was not clearly established at the time that such wiretaps were unconstitutional. Id. at 2818.

Boris Mudd v. Jason Johnson (mem. dec.)

Indiana Court of Appeals · Apr 14, 2015

[19] Mudd’s claim against Johnson is best resolved through the doctrine of qualified immunity. … We cannot conclude that the specific alleged rights at issue were clearly established at the time of Johnson’s alleged misconduct, and as a result Johnson is entitled to qualified immunity from Mudd’s Section

Armstrong v. Ashley

918 F.3d 419 · Court of Appeals for the Fifth Circuit · Mar 11, 2019

A decision on qualified immunity can be an appealable final decision, "but only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity on the facts[.]" … Typically, this determination is a decision on "whether the federal right allegedly infringed was clearly established." Behrens v.

Taylor v. Alabama

95 F. Supp. 2d 1297 · District Court, M.D. Alabama · Apr 19, 2000

Similarly, “[ujnder the qualified immunity defense,” these Defendants “are immune from liability if [Plaintiffs Complaint] fails to state a violation of a ‘clearly established ... constitutional right [ ] of which a reasonable … In other words, Harris, Bass, Butts, Rushing and Woodham “are immune from liability” on the basis of qualified immunity because Plaintiffs Complaint “fails to state a violation of a ‘clearly established ... constitutional

Molano v. Bezio

42 F. Supp. 3d 465 · District Court, W.D. New York · Apr 13, 2012

established” for purposes of qualified immunity. … established’ for the purpose of future qualified immunity cases involving similar fact patterns.”

Piazza v. Mayne

23 F. Supp. 2d 658 · District Court, E.D. Louisiana · Oct 29, 1998

Mayne moves for summary judgment, claiming qualified immunity and Eleventh Amendment sovereign immunity. … Qualified Immunity 1. Although Mayne enjoys no Eleventh Anendment protection, he is insulated by the qualified immunity doctrine.

Robert Painter v. Bill Robertson Robert Tush

185 F.3d 557 · Court of Appeals for the Sixth Circuit · Jul 20, 1999

On review, the plaintiff has contended that qualified immunity was unavailable to the defendants because clearly established federal law directed that law enforcement authorities may not frisk a citizen for weapons purportedly … Accordingly, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be insulated by qualified immunity. Id.

Wiley v. Doory

14 F.3d 993 · Court of Appeals for the Fourth Circuit · Jan 27, 1994

The only issue before this Court is whether Doory is entitled to qualified immunity. 6 4 * Qualified immunity shields a governmental official from liability for civil monetary damages if the officer's "conduct does not violate … Thus, appellant Doory is entitled to qualified immunity.

Hatheway v. Thies

335 F.3d 1199 · Court of Appeals for the Tenth Circuit · Jul 18, 2003

In arguing that they are entitled to qualified immunity, the detectives contend that (1) the law was not clearly established as to whether Mr. … Denial of Qualified Immunity Qualified immunity is available to government officials when “their -11- conduct does not violate clearly established statutory or constitutional

Austin v. Hamilton

945 F.2d 1155 · Court of Appeals for the Tenth Circuit · Sep 24, 1991

Qualified Immunity 16 In assessing a defense of qualified immunity, the court must determine the objective reasonableness of the challenged conduct by reference to the law clearly established at the time of the alleged constitutional … That standard was clearly established at the time the challenged incident took place." 20 Dixon v. Richer, 922 F.2d 1456, 1461-62 (10th Cir.1991).

Tague v. Florida Fish and Wildlife Conservation Commission

390 F. Supp. 2d 1195 · District Court, M.D. Florida · May 25, 2005

the clearly established right to work. 42 Plaintiff then cites Harlow v. … Qualified immunity’s protection exists as long as the official’s conduct violates no “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Walentas v. Lipper

862 F.2d 414 · Court of Appeals for the Second Circuit · Nov 25, 1988

Qualified Immunity. Walentas claims that the district incorrectly applied the standard of qualified immunity in concluding that Lipper was entitled to such immunity. Walentas v. … Thus, since the legal proposition argued by Wal-entas was not clearly established at the relevant time, Lipper’s conduct was protected by qualified immunity.

Cochran v. Folger

740 F. Supp. 2d 923 · District Court, E.D. Kentucky · Sep 16, 2010

clearly established constitutional law. … Qualified Immunity.

Jiron v. City of Lakewood

392 F.3d 410 · Court of Appeals for the Tenth Circuit · Dec 20, 2004

Having found no violation of a constitutional or statutory right, we need not address whether any such right was “clearly established.” … However, when a finding of qualified immunity is based on a conclusion that the officer has committed no constitutional violation – i.e., the first step of the qualified immunity analysis – a finding of qualified immunity

Israel E. Nelson v. Roger T. Overberg

999 F.2d 162 · Court of Appeals for the Sixth Circuit · Jul 20, 1993

[N]o qualified immunity is' available under that set of facts. Overberg filed this timely appeal. II. A denial of summary judgment on the basis of qualified immunity is appealable. Mitchell v. … Therefore, qualified immunity is not appropriate in this case.