Case law

Charles Ivey v. Pat Hamlin

Court of Appeals of Tennessee · Mar 18, 2002

violate the clearly established constitutional or statutory rights of which a reasonable person would have known. … When a defendant asserts a qualified immunity defense in a 42 U.S.C. § 1983 action, the burden is on the plaintiff to show that the rights he or she is asserting have been clearly established. Perkins v.

Chew v. Gates

27 F.3d 1432 · Court of Appeals for the Ninth Circuit · Jun 27, 1994

Bagley, 988 F.2d 868 (9th Cir.1993), in which we employed “a two-part analysis” to determine whether the defendants were entitled to qualified immunity: “1) Was the law governing the official's conduct clearly established … 's first question dictates our decision on qualified immunity, and not only when we decide that the law is not clearly established.

Warren v. Keane

937 F. Supp. 301 · District Court, S.D. New York · Sep 10, 1996

Nor are defendants entitled to the affirmative defense of qualified immunity. … To establish the defense of qualified immunity, defendants must show either that their “conduct did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable

Bedsole v. Clark

33 So. 3d 9 · Court of Civil Appeals of Alabama · Sep 18, 2009

‘“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates “clearly established statutory or constitutional rights of which … When a government official seeks summary judgment based on qualified immunity, courts apply a two-step test to determine whether qualified immunity is appropriate.

Hansen v. Bennett

948 F.2d 397 · Court of Appeals for the Seventh Circuit · Nov 27, 1991

If Bennett was attempting to suppress Hansen’s speech on the basis of its content, then he violated clearly established rights and is not entitled to qualified immunity. Collinson v. … If, on the other hand, he was enforcing an appropriately limited time, place, and manner restriction, then he did not violate clearly established rights, Jones v.

Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC

552 S.W.3d 297 · Court of Appeals of Texas · Apr 16, 2018

We quote Panda's live petition at length because it clearly identifies Panda's position. … itself enjoys"; and (4) "the policies underlying official and qualified immunity are simply irrelevant to that contention."

Bordas v. Washtenaw County

1 F. Supp. 2d 680 · District Court, E.D. Michigan · Apr 2, 1998

A claim of qualified immunity depends on whether the defendant’s conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. Id. at 638-40 ; Harlow v. … To defeat a motion for summary judgment based on a claim of qualified immunity in the Sixth Circuit, a plaintiff must establish two things.

Tittle v. Raines

231 F. Supp. 2d 537 · District Court, N.D. Texas · Aug 29, 2002

Raines and Rooney contend that they are entitled to qualified immunity regarding Tittle’s claims of false arrest, malicious prosecution and conspiracy because they did not violate clearly established laws of which a reasonable … Conversely, an official’s conduct is not protected by qualified immunity if, in fight of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be -a violation of the right at issue.

Clairmont v. Sound Mental Health

632 F.3d 1091 · Court of Appeals for the Ninth Circuit · Jan 19, 2011

The district court held, in the alternative, that “Clairmont’s First Amendment right was not so ‘clearly established’ as to preclude qualified immunity for Ms. Wilson.” … SOUND MENTAL HEALTH immunity. Saucier, 533 U.S. at 201. “If the right was not clearly established at the time of the violation, the official is entitled to qualified immunity.”

Doe v. Terry

District Court, E.D. Michigan · Nov 28, 2023

Qualified immunity is “an affirmative defense shielding governmental officials from liability so long as their conduct does ‘not violate clearly established statutory or constitutional rights of which a reasonable person … Additionally, because the law was clearly established at the time of Defendant’s actions, Defendant is not entitled to qualified immunity.

W.Va. Division of Natural Resources v. Steven Dawson and Angela Dawson

West Virginia Supreme Court · Jun 3, 2019

On appeal, the DNR and the DNR employees raise the following issues: (1) the circuit court erred by failing to find qualified immunity because (a) there is no evidence of a violation of any clearly established statutory … Accordingly, we will begin by reviewing this Court’s established qualified immunity principles.

Fowler v. Valencourt

108 N.C. App. 106 · Court of Appeals of North Carolina · Dec 1, 1992

We will first address the issue of qualified immunity. … , in light of clearly established law and the information the [arresting] officers possessed.’

Margaret Andrews v. Robert Fuoss, Individually and in His Capacity as Sheriff of Jones County, South Dakota

417 F.3d 813 · Court of Appeals for the Eighth Circuit · Aug 1, 2005

ANALYSIS On appeal, Andrews asserts that the district court erred in granting Sheriff Fuoss’s motion for summary judgment on the basis of qualified immunity because Sheriff Fuoss’s actions violated her clearly established … State officers “are entitled to qualified immunity unless their alleged conduct violated ‘clearly established statutory or constitutional rights of which a reasonable person [in their positions] would have known.’ ” McCoy

Nieves v. County of Monroe

761 F. Supp. 2d 48 · District Court, W.D. New York · Jan 25, 2011

Qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable person would … Specifically, the doctrine applies where it is “objectively reasonable” for an official to believe that his conduct did not violate a plaintiffs constitutional rights, in light of clearly established law and in the information

MacK v. Holcomb

446 F. Supp. 2d 777 · District Court, N.D. Ohio · Jul 12, 2006

If plaintiff sufficiently alleges a constitutional violation, defendant may be entitled to qualified immunity if the constitutional right was not clearly established when the violation occurred. Id. … Clearly Established Law The issue for purposes of qualified immunity is whether Mack’s First Amendment rights were clearly established at the time of the alleged violation.

Moore v. Winer

190 F. Supp. 2d 804 · District Court, D. Maryland · Mar 20, 2002

The Supreme Court has recognized that questions of qualified immunity should be resolved as early as possible in the litigation, *806 as the purpose of the doctrine of qualified immunity is to serve as a bar to suit, not … Having in mind the Supreme Court’s threshold tests for consideration of a qualified immunity claim, see Wilson v.

El Paso Independent School District, Dr. Lorenzo Garcia and Mark Mendoza v. Michael McIntyre and Laura McIntyre, Individually and on Behalf of Their Minor Children, K. M., L. M., C. M., M. M., and L. M.

Texas Court of Appeals, 8th District (El Paso) · Aug 6, 2014

and qualified immunity. … The test for qualified immunity requires the court to engage in a two part inquiry: (1) whether a public official’s conduct violated a constitutional or statutory right; and (2) whether the right was “clearly established

Livingston v. Luken

151 F. App'x 470 · Court of Appeals for the Sixth Circuit · Oct 26, 2005

“According to the doctrine of qualified immunity, ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … established federal law so as to overcome Appellants’ assertion of qualified immunity.

Carrubba v. Moskowitz

274 Conn. 533 · Supreme Court of Connecticut · Jul 26, 2005

Because any immunity accorded to attorneys appointed pursuant to § 46b-54 would be derived from *540 judicial immunity, we first examine the policy reasons underlying judicial immunity. 6 It is well established that “a judge … Absolute immunity would not be available, however, when persons who would normally be accorded immunity “perform acts which are clearly outside the scope of their jurisdiction.” Cok v.

Pierce v. San Mateo County Sheriff's Department

232 Cal. App. 4th 995 · California Court of Appeal · Dec 31, 2014

” (Hafer, supra, 502 U.S. at p. 29)) or “qualified immunity.” … Haugen (2004) 543 U.S. 194, 198–201 [160 L.Ed.2d 583, 125 S.Ct. 596] [officer who shot fleeing felon entitled to qualified immunity]; Saucier, supra, 533 U.S. at pp. 203–209 [arresting officer entitled to qualified immunity