Case law

Acevedo-Garcia v. Vera-Monroig

213 F. Supp. 2d 42 · District Court, D. Puerto Rico · Jan 30, 2002

The general rule regarding qualified immunity is that government officials are immune from suit and liability when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable … After finding that the law governing the Saucier’s conduct was clearly established, the Ninth Circuit proceeded to consider whether the officer’s conduct was reasonable in light of the clearly established law.

Richard Leo Deorle v. Greg Rutherford, Butte County Deputy Sheriff Mick Grey, Butte County Sheriff County of Butte

272 F.3d 1272 · Court of Appeals for the Ninth Circuit · Nov 19, 2001

immunity: notwithstanding the absence of direct precedent, the law may be, as it was here, clearly established. … It does not matter that no case of this court directly addresses the use of such weapons; we have held that ‘[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every

McRae v. Tena

914 F. Supp. 363 · District Court, D. Arizona · Jan 25, 1996

Qualified Immunity The Ninth Circuit Court of Appeals has repeatedly held that the defense of qualified immunity is available to police officers in excessive force cases. See, e.g., Scott v. … The Supreme Court eschewed generalizing of the “clearly established right” factor.

Thornton v. City of Macon

132 F.3d 1395 · Court of Appeals for the Eleventh Circuit · Jan 13, 1998

A public official is entitled to qualified immunity from a § 1983 damages action if his actions did not violate clearly established law. … It is clearly established that the use of excessive force in carrying out an arrest constitutes a violation of the Fourth Amendment. See Graham v.

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).

Tearpock-Martini v. Borough

98 F. Supp. 3d 697 · District Court, M.D. Pennsylvania · Mar 20, 2015

For a qualified immunity analysis, therefore, the court must examine: 1) whether the officials violated a constitutional right and 2) whether that right was clearly established at the time. Wright v. … Accordingly, we cannot find that the right was clearly established at the time and qualified immunity applies to the individual defendants.

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.

Greiner v. City of Champlin

27 F.3d 1346 · Court of Appeals for the Eighth Circuit · Jul 5, 1994

The district court held the federal claims were barred by qualified immunity and the state claims by official immunity. … An official loses immunity if, first, the law he violated was clearly established at the time of the violation, and second, the applicability of the law to his particular action was evident. Id.

Timmons v. New York State Department of Correctional Services

887 F. Supp. 576 · District Court, S.D. New York · May 25, 1995

He argues, however, that he is entitled to qualified immunity on this portion of plaintiffs Eighth Amendment claim. Good faith or qualified immunity is an affirmative defense in actions under § 1983. Harlow v. … Even where a right has been clearly established, a defendant is immune from liability if it was objectively reasonable for him to believe that his acts did not violate *581 that right. Anderson v.

Bouggess v. Mattingly

426 F. Supp. 2d 601 · District Court, W.D. Kentucky · Mar 31, 2006

Qualified immunity must be granted if the plaintiff cannot establish each of these elements ... … Clearly Established Right?

Daniel Tanner v. Anita Phillips

669 F. App'x 444 · Court of Appeals for the Ninth Circuit · Oct 4, 2016

established right. 2 14-35983 See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

Gagne v. DeMarco

281 F. Supp. 2d 390 · District Court, D. Connecticut · Aug 26, 2003

The defendants argue that they are entitled to qualified immunity. The Court will address each of these arguments below after a general discussion of qualified immunity. … If the law was clearly established that the officer’s conduct violated a constitutional right, qualified immunity is inappropriate.

Zackary Stewart v. Karl Wagner

836 F.3d 978 · Court of Appeals for the Eighth Circuit · Sep 12, 2016

On this record, we conclude it was error to deny Prosecutor Selby qualified immunity on this claim because Stewart failed to present sufficient evidence that Wagner and Selby violated “clearly established [Fourth Amendment … If the motion was made and denied, that would at least establish there was no clearly established violation of the Sixth Amendment.

Bellotte v. Edwards

629 F.3d 415 · Court of Appeals for the Fourth Circuit · Jan 11, 2011

Kennedy, 349 F.3d 731, 743 (4th Cir.2003), we affirm the district court’s holding that this no-knock entry violated the Bellottes’ clearly established constitutional rights and does not warrant an award of qualified immunity … Because we have jurisdiction over the denial of a claim for qualified immunity on summary judgment only “to the extent that the official maintains that the official’s conduct did not violate clearly established law,” Winfield

Richardson v. U.S. Department of Interior

740 F. Supp. 15 · District Court, District of Columbia · Jun 12, 1990

Qualified immunity insulates officials from personal liability when their alleged tortious conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have been aware … Violations of “Clearly Established” Right In Harlow , the Supreme Court held that to overcome an assertion of qualified immunity the constitutional rights alleged by plaintiff to have been violated must have been “clearly

Kerns v. Board of Com'rs of Bernalillo County

707 F. Supp. 2d 1190 · District Court, D. New Mexico · Apr 12, 2010

They argued that, even if the right to exclude is clearly established, they were still entitled to qualified immunity because the right to be free from retaliation in the private property context is not clearly established … Wilkie that the plaintiff had a clearly established Fifth-Amendment right to exclude others from his property, so qualified immunity was inappropriate for retaliation for the exercise of that clearly established right.

Osipova v. Dinkins

864 F. Supp. 360 · District Court, S.D. New York · Oct 6, 1994

DISCUSSION Qualified immunity has long shielded government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus, Martinez is only entitled to qualified immunity if, assuming the facts as set forth by the plaintiff, it was objectively reasonable for Martinez to believe, in light of clearly established law and the information he

State Ex Rel. Jacobs v. Sherard

36 N.C. App. 60 · Court of Appeals of North Carolina · Apr 18, 1978

Contending that prosecutorial immunity may be only “qualified,” or malice-destroyed, defendant relies on the following language in State v. … Swanson’s grant of only qualified immunity to public officers does not affect the general grant of absolute immunity to district attorneys.

Darryl Leon Rouse v. William Plantier, Acting Superintendent of A.D.T.C. Sally S. Scheidemantel, Resigning Superintendent of A.D.T.C. William H. Fauver, Commissioner of N.J. Department of Corrections Governor Jim Florio, State of New Jersey Dr. Robert Cardinale, Medical Director of A.D.T.C. Dr. Narshima Reddy, Attending Physician of A.D.T.C. Ms. Elaine Martin, Chief Nurse of A.D.T.C. Captain Helmkin, Housing Mike Zell, Director of Social Services Dr. Sandoval, Attending Psychologist of A.D.T.C. Dr. Cattone, M.D., St. Francis Hospital Scott Faunce Dr. Tarlian, M.D. Dr. O'bryne, M.D. Dr. Todd, M.D., St. Francis Hospital Charles Brooks, on Behalf of a Class of Themselves and Others Similarly Situated Stephen Jankowski, on Behalf of a Class of Themselves and Others Similarly Situated Julio Baez, on Behalf of a Class of Themselves and Others Similarly Situated Robert Kammerer, on Behalf of a Class of Themselves and Others Similarly Situated v. Elaine Allen John Doe Jane Roe William Plantier Robert Cardinale Narshima Reddy Elaine Allen

182 F.3d 192 · Court of Appeals for the Third Circuit · Jun 29, 1999

Turning to defendants' qualified immunity defense, the District Court held that the right at issue was clearly established and that the defendants had failed to demonstrate the reasonableness of their actions. … immunity, it is necessary to determine whether a reasonable official in the position of that defendant would have known that his or her actions were unconstitutional in light of the clearly established law and the information

Bird v. State Through Corbin

170 Ariz. 20 · Court of Appeals of Arizona · Nov 21, 1991

and (2) qualified immunity, which is available for nondiscretionary acts. … The licensing and regulation of any profession or occupation falls within the grant of absolute immunity, not qualified immunity.