Case law

Kemp v. Lawyer

846 F. Supp. 2d 1170 · District Court, D. Colorado · Feb 8, 2012

The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … § 1983 against Defendant Turano, I do not address the second prong of the two-part qualified immunity test-namely, whether the alleged constitutional violation was clearly established at the time of the incident.

Kingsford v. Salt Lake City School District

247 F.3d 1123 · Court of Appeals for the Tenth Circuit · Apr 24, 2001

Fankell , 520 U.S. 911, 915 (1997) (“[A] Federal District Court order rejecting a qualified immunity defense on the ground that the defendant’s actions—if proved—would have violated clearly established law may be appealed … Defendant Shackett also claimed that even if such a right existed it was not clearly established at the time of the events underlying this suit, thus entitling him to qualified immunity.

Jonathan Davidson v. City of Stafford, Texas, et a

848 F.3d 384 · Court of Appeals for the Fifth Circuit · Feb 7, 2017

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … On the second prong of the qualified immunity defense, recent Supreme Court decisions addressing claims for excessive force have “reiterate[d] the longstanding principle that ‘clearly established law’ should not be defined

Opinion Number

Louisiana Attorney General Reports · Jan 31, 2000

E.D. 1998), proves helpful, as the court stated: Two kinds of immunity exists for government officials absolute immunity and qualified immunity. … Qualified immunity protects an official from liability unless the official violates "clearly established statutory or constitutional rights of which a reasonable person would have known."

Schroeder v. County of Nassau

158 F. Supp. 3d 123 · District Court, E.D. New York · Jan 28, 2016

violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … “Qualified immunity is an affirmative defense that the defendants have the burden of raising in their answer and establishing at trial or on a motion for summary judgment.”

William O. Fuller v. Joe Carollo

977 F.3d 1012 · Court of Appeals for the Eleventh Circuit · Sep 25, 2020

Carollo’s motion sought dismissal of the complaint based, in part, on qualified immunity. … The magistrate judge concluded that Carollo was not entitled to qualified immunity because his alleged conduct violated clearly established law.

L.S.T., Inc. v. Crow

49 F.3d 679 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

If the facts taken in the light most favorable to the plaintiff do not establish a violation of a clearly established constitutional right, the public official is entitled to summary judgment. … This means, in the context of a motion based on qualified immunity, that the plaintiff must show “there is a genuine issue of material fact regarding the defendant’s conduct as being violative of the clearly established law

Carew v. Centracchio

17 F. Supp. 2d 56 · District Court, D. Rhode Island · Mar 4, 1998

Such officials have qualified immunity if they can prove either of the following: “the federal law allegedly violated was not clearly established at the time of the alleged violation, or ... at summary judgment, there is … no genuine dispute of material fact that would prevent a finding that the defendants’ actions, with regard to applying or following such clearly established law, were objectively *59 reasonable.”

George v. McIntosh-Wilson

582 So. 2d 1058 · Supreme Court of Alabama · May 24, 1991

In order to defeat a qualified immunity defense, the plaintiff "bears the burden of showing that 'the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions.' " Barts … The defendants cannot claim qualified immunity solely on the argument that George's constitutional rights to be reasonably safe from potentially deadly objects were not clearly established at the time of the accident.

Radloff v. City of Oelwein

284 F. Supp. 2d 1145 · District Court, N.D. Iowa · May 19, 2003

Conclusions of Law Qualified Immunity A government official who performs discretionary functions is protected from suit under the doctrine of qualified immunity as long as the official’s conduct did not violate clearly established … The officers are not entitled to qualified immunity on the plaintiffs claim of excessive force. The right against unreasonable seizure of one’s person is clearly established law.

Saldana v. DiMedio

275 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Aug 18, 1994

Id. at 414, 608 A. 2d 263 ; see also N.J.S.A. 59:3-2(d) (providing qualified immunity for discretionary decision-making). … If, however, the qualified immunity for discretionary decision making does not apply, plaintiffs only need satisfy the standards of ordinary negligence.

Mellott v. Sprague

334 F. Supp. 3d 916 · District Court, C.D. Illinois · Jun 15, 2017

In order to defeat a defense of qualified immunity, Plaintiff must demonstrate that: (1) Defendants conduct violated his constitutional rights; and (2) the violated rights were clearly established at the time of the alleged … This right had been clearly established since, at the latest, 1990.

Sharkany v. Bryce

District Court, D. Connecticut · Apr 8, 2020

Qualified Immunity Officer Bryce is also entitled to qualified immunity from liability on the Plaintiff’s claims. … did not violate a clearly established right.

Fenner v. Suthers

194 F. Supp. 2d 1146 · District Court, D. Colorado · Apr 2, 2002

to exist, has not heretofore been clearly established. … Defendants argue that the case must still be dismissed, because they are entitled to qualified immunity for another reason: there is simply no clearly established constitutional right to treatment for hepatitis C.

Shafran v. Parrish

787 So. 2d 177 · District Court of Appeal of Florida · May 11, 2001

Clearly, your actions are criminal regardless of whether or not your accusations are untrue.... . . . . … Therefore, the appellees did not establish that they were entitled to a summary judgment based on an undisputed fact of nonpublication.

Perez v. ZAYAZ

396 F. Supp. 2d 90 · District Court, D. Puerto Rico · Oct 3, 2005

Qualified Immunity. In the alternative, defendants have raised qualified immunity defense. … A qualified immunity defense requires a two-part analysis: “The first inquiry is whether the constitutional right asserted by plaintiffs was clearly established at the time of the alleged violation.

State v. Melms

101 N.E.3d 747 · Ohio Court of Appeals · May 18, 2018

Melms immunity from prosecution due to his confinement is contrary to the policy considerations underlying the immunity statute. {¶ 14} Melms asserts that he is a qualified individual as defined by R.C. 2925.11(B)(2)(a)(viii … The newly established immunity from prosecution set out in R.C. 2925.11(B) is not a fundamental right." {¶ 20} According to the State, "the class distinction drawn by this law is based solely on whether an individual has

Andersen v. McCotter

100 F.3d 723 · Court of Appeals for the Tenth Circuit · Nov 12, 1996

She also claims that the law was clearly established in this area, thereby precluding Defendants’ claims of qualified immunity. We agree. … Because the law in this area was clearly established in March 1994, Defendants are not entitled to qualified immunity. REVERSED and REMANDED. - 15 -

Demetrius Rashard Luke v. Jameel H. Gulley

50 F.4th 90 · Court of Appeals for the Eleventh Circuit · Oct 3, 2022

DISCUSSION Law enforcement officers enjoy qualified immunity from civil damages for their discretionary acts when their conduct does not violate a federal right that was clearly established at the time of the challenged … Our precedents agree—an officer who seeks an arrest warrant based on a ‘conclusory affidavit’ that ‘clearly is insufficient to establish prob- able cause’ is not entitled to qualified immunity.”

Larry D. Jr. and Pamela Pyles v. Mason Co. Fair, Inc.

239 W. Va. 882 · West Virginia Supreme Court · Nov 1, 2017

under the Act are legal determinations capable of and demanding resolution at this juncture of the litigation rather than at the appellate stage.15 Because the principles of governmental immunity clearly apply to the facts … Pack, 223 W.Va. 828, 831, 679 S.E.2d 660, 663 (2009) (affirming “need for early resolution of immunity rulings” and holding that summary judgment ruling predicated on qualified immunity is subject to immediate appeal under