Case law

Singleton v. Cannizzaro

372 F. Supp. 3d 389 · District Court, E.D. Louisiana · Feb 28, 2019

"Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged *411 conduct." 71 " … immunity from such claims because no constitutional violation occurred and, even if it did, the Defendants did not violate a "clearly established" right.

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.

Meyer v. Town of Buffalo

482 F.3d 1232 · Court of Appeals for the Tenth Circuit · Apr 16, 2007

To overcome the defense of qualified immunity, the judge noted, a plaintiff is required to show that the defendants’ actions violated a federal constitutional or statutory right, and that the right violated was clearly … Bryant, 502 U.S. 224, 227 (1991) (per curiam), for the principle that an officer must be granted qualified immunity if, in light of clearly established law and the information the officer possessed, a reasonable officer

Kiddy-Brown v. Blagojevich

408 F.3d 346 · Court of Appeals for the Seventh Circuit · Jul 13, 2005

However, the law of qualified immunity does not require a plaintiff to produce a case that is "directly on point" in order to show that a right is clearly established. Nabozny v. … Kiddy-Brown has alleged sufficient facts to meet the first part of the qualified immunity inquiry. 2. 36 We now turn to the second part of the qualified immunity inquiry—whether the law was clearly established when Ms.

Corbin v. City of Springfield

942 F. Supp. 721 · District Court, D. Massachusetts · Oct 30, 1996

Qualified Immunity Rooke alleges that she is entitled to qualified immunity on Counts VI and VII because the asserted rights of the plaintiff and his wife were not clearly established as of December 27,1991. … In weighing the defense of qualified immunity at the summary judgment stage, this court must first identify the applicable law and then determine whether this law was clearly established at the time of the alleged violation

Gordon v. Mt. Carmel Farms, L.L.C.

2021 Ohio 1233 · Ohio Court of Appeals · Apr 12, 2021

Under this defense, "[p]ublic officials, including police officers, who perform discretionary functions are entitled to qualified immunity in a Section 1983 action as long as their conduct does not violate clearly established … Therefore, if the plaintiff fails to demonstrate that either (1) a constitutional right was violated or (2) that the right was clearly established, -7-

Dontray Chaney v. City of Orlando, FL

291 F. App'x 238 · Court of Appeals for the Eleventh Circuit · Aug 26, 2008

Qualified immunity shields officers from civil liability if, considering the facts in the light most favorable to the party asserting the injury, the officers’ conduct does not violate clearly established constitutional … to establish that qualified immunity does not apply.”

Wilson v. Blankenship

163 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Dec 31, 1998

General propositions and abstractions do not qualify for bright line, clearly established law. See Lassiter, 28 F.3d at 1150. … detainees housed there or specific square footage for inmates to exercise violates no clearly established law for qualified immunity purposes, as we clarify. 1.

Hbrandon Lee Flagner v. Reginald Wilkinson

241 F.3d 475 · Court of Appeals for the Sixth Circuit · Feb 22, 2001

After determining that a constitutional right is clearly established, the final step in our qualified immunity analysis is to inquire “whether the plaintiff has alleged sufficient facts supported by sufficient evidence to … Because Flagner has not satisfied his burden to establish that the “defendant officials] violated a clearly established constitutional right,” Buckner, 36 F.3d at 539 , the defendants are entitled to qualified immunity solely

Lampkin v. City of Nacogdoches

7 F.3d 430 · Court of Appeals for the Fifth Circuit · Nov 18, 1993

As the Supreme Court has recently instructed us, the first inquiry in the examination of a defendant's claim of qualified immunity is whether the plaintiff has "alleg[ed] the violation of a clearly established Constitutional … The Court emphasized that qualified immunity shields officers from a damage suit if they could have reasonably believed their actions to be lawful, "in light of clearly established law and the information the [arresting

Ward v. Members of the Board of Control of Eastern Michigan University

700 F. Supp. 2d 803 · District Court, E.D. Michigan · Mar 24, 2010

Qualified immunity protects state officials sued in their individual capacities from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … whether the constitutional right was “clearly established” at the time of the alleged misconduct.

Lewis v. Roosevelt Island Operating Corp.

246 F. Supp. 3d 979 · District Court, S.D. New York · Mar 28, 2017

Public officials sued in their individual capacity are entitled to qualified immunity if “(1) a constitutional right was [not] violated or (2) the right was not clearly established [at the time of the violation].” … Rather, Defendants’ qualified immunity argument is based on the contention that the Complaint does not. include facts establishing the underlying constitutional violations, which the Court has rejected. VI.

Allen v. DISTRICT ATTORNEY'S OFF. OF PHILADELPHIA

644 F. Supp. 2d 600 · District Court, E.D. Pennsylvania · Aug 3, 2009

QUALIFIED IMMUNITY Qualified immunity is “ ‘an entitlement not to stand trial or face the other burdens of litigation.’ ” Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (quoting Mitchell v. … In considering the second prong of the Saucier test, the Third Circuit clarified that “[a] right is clearly established for the purposes of qualified immunity when its contours are ‘sufficiently clear that a reasonable official

Rita F. Marsh, Cross-Appellee v. Dorothy Arn, Delores Furrow, Cross-Appellant

937 F.2d 1056 · Court of Appeals for the Sixth Circuit · Sep 23, 1991

The scope of qualified immunity is well stated by the Supreme Court in Harlow v. … Whether an official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of [his] conduct as measured by reference to clearly established law.’ ”); Ohio Civil Service Employees Ass’n v.

Morris v. Dearborne

181 F.3d 657 · Court of Appeals for the Fifth Circuit · Jul 16, 1999

Dearborne contends that she is entitled to qualified immunity because her actions did not violate clearly established law and that her actions were objectively reasonable under the circumstances. … and the Supreme Court, a defendant’s defense of qualified immunity, based on a claim that the right to family integrity was not clearly established, will fail.

Yarris v. County of Delaware

465 F.3d 129 · Court of Appeals for the Third Circuit · Oct 2, 2006

immunity. 53 Qualified immunity shields state officials from suit when their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … If the court concludes that the defendant's conduct violated a clearly established constitutional or statutory right, it must deny the defendant the protection afforded by qualified immunity.

Bloom v. Toliver

133 F. Supp. 3d 1314 · District Court, N.D. Oklahoma · Sep 22, 2015

They are also entitled to qualified immunity because Bloom has not satisfied the “clearly established law” prong, as'required to defeat these defendants’ assertion of qualified immunity. … Hammett does not argue the “clearly established law” prong of the qualified immunity defense.

Doe v. Ferguson

128 F.4th 727 · Court of Appeals for the Fifth Circuit · Feb 13, 2025

“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. City of Kemah, 961 F.3d 771, 774 (5th Cir. 2020) (quoting Mace v. … If defendant asserts a qualified-immunity defense, “a plaintiff seeking to overcome qualified immunity must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established

Egolf v. Witmer

421 F. Supp. 2d 858 · District Court, E.D. Pennsylvania · Mar 9, 2006

Defendants Are Entitled To Qualified Immunity Because A Reasonable Person Would Not Have Believed They Were Violating Clearly Established Rights. … The Supreme Court has directed that regardless of whether the rights at issue are ones that “a reasonable person would have known” or are “clearly established,” I must begin my evaluation of a qualified immunity defense by

Howard Ex Rel. Estate of Howard v. Bayes

378 F. Supp. 2d 753 · District Court, E.D. Kentucky · Jan 5, 2005

Violation of Clearly Established Constitutional Right Determining whether a government official was performing a discretionary act, however, does not end the qualified immunity analysis. … Therefore, Bayes is entitled to qualified immunity for his actions as there is no evidence that he violated a clearly established federal right. B.