Case law

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.

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.

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

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

Cochran v. Folger

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

clearly established constitutional law. … Qualified Immunity.

West v. City of Parsons

983 F. Supp. 1027 · District Court, D. Kansas · Oct 31, 1997

Qualified Immunity Defendants Dunning, Gofourth, Rask, and Steenrod all claim qualified immunity as to plaintiffs Fourth Amendment claims resulting from the search of his apartment. … Further, Gofourth and Steenrod claim qualified immunity as to plaintiffs excessive force claims.

Bischoff v. Calhoun County Prosecutor

173 Mich. App. 802 · Michigan Court of Appeals · Dec 20, 1988

which is essentially investigative or administrative and therefore entitled to only the protection of the qualified immunity. … Qualified immunity shields government officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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

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.

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-

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.

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

Badder v. Schmidt

50 F. Supp. 3d 902 · District Court, E.D. Michigan · Oct 7, 2014

with qualified immunity. … “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232 , 129 S.Ct. at 816 .

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.

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.”

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

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.