Case law

Spencer v. Rau

542 F. Supp. 2d 583 · District Court, W.D. Texas · Oct 11, 2007

Qualified Immunity The Officers assert they are entitled to qualified immunity. … In order to establish the defendant is not entitled to qualified immunity, a plaintiff must satisfy a two-part test: (1) under existing law, the plaintiff must allege a violation of an actual, clearly established constitutional

Kollaritsch v. Mich. State Univ. Bd. of Trs.

298 F. Supp. 3d 1089 · District Court, W.D. Michigan · Nov 2, 2017

Defendant Maybank is not entitled to qualified immunity for the Equal Protection claim brought by Gross. Plaintiffs have established that the relevant rights were clearly established by 2012. … Because the law was clearly established at the time, Defendant Maybank's request for qualified immunity for the Equal Protection claim is denied.

Martinez v. Simonetti

202 F.3d 625 · Court of Appeals for the Second Circuit · Feb 4, 2000

Whether Officer Heinz-Faljean was a witness to the physical altercation is not clearly established in the present record. … light of clearly established law and the information the officer[ ] possessed.”

John v. County of Centre

80 F. Supp. 2d 437 · District Court, M.D. Pennsylvania · Feb 1, 2000

“Unless plaintiffs allegations state a claim of a violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” P.F. v. … Therefore, we find that plaintiffs cannot overcome defendants’ qualified immunity defense by showing that the challenged conduct violated rights that were clearly established at the time the conduct occurred.

Baker v. Clover

177 Ariz. 37 · Court of Appeals of Arizona · May 25, 1993

Civil rights liability is, however, circumscribed by qualified immunity. … of the legal rules that were ‘clearly established’ at the time it was taken____” Anderson v.

Boris Mudd v. Jason Johnson (mem. dec.)

Indiana Court of Appeals · Apr 14, 2015

[19] Mudd’s claim against Johnson is best resolved through the doctrine of qualified immunity. … We cannot conclude that the specific alleged rights at issue were clearly established at the time of Johnson’s alleged misconduct, and as a result Johnson is entitled to qualified immunity from Mudd’s Section

E-Z Mart Stores, Inc. v. Kirksey

885 F.2d 476 · Court of Appeals for the Eighth Circuit · Sep 19, 1989

The officers are entitled to qualified immunity “unless their actions violated clearly established law.” Garionis, 827 F.2d at 308 (citations omitted). … Ordinarily, a qualified immunity defense will fail if, as here, the law was clearly established at the time the action occurred, “since a reasonably competent public official should know the law governing his conduct.”

Armstrong v. Ashley

918 F.3d 419 · Court of Appeals for the Fifth Circuit · Mar 11, 2019

A decision on qualified immunity can be an appealable final decision, "but only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity on the facts[.]" … Typically, this determination is a decision on "whether the federal right allegedly infringed was clearly established." Behrens v.

Jackson v. Rapps

746 F. Supp. 934 · District Court, W.D. Missouri · Aug 13, 1990

The qualified immunity bar applies when the alleged conduct does not violate, under an objective standard of review, a clearly established statutory or constitutional right. … The Court held that Mitchell was entitled to qualified immunity because it was not clearly established at the time that such wiretaps were unconstitutional. Id. at 2818.

Molano v. Bezio

42 F. Supp. 3d 465 · District Court, W.D. New York · Apr 13, 2012

established” for purposes of qualified immunity. … established’ for the purpose of future qualified immunity cases involving similar fact patterns.”

Taylor v. Alabama

95 F. Supp. 2d 1297 · District Court, M.D. Alabama · Apr 19, 2000

Similarly, “[ujnder the qualified immunity defense,” these Defendants “are immune from liability if [Plaintiffs Complaint] fails to state a violation of a ‘clearly established ... constitutional right [ ] of which a reasonable … In other words, Harris, Bass, Butts, Rushing and Woodham “are immune from liability” on the basis of qualified immunity because Plaintiffs Complaint “fails to state a violation of a ‘clearly established ... constitutional

Richard Christopher Johnson v. City of Miami Beach

18 F.4th 1267 · Court of Appeals for the Eleventh Circuit · Nov 19, 2021

Qualified Immunity We review de novo a district court’s grant of summary judgment based on qualified immunity. Cantu, 974 F.3d at 1228. … Qualified immunity protects government officials performing discretionary functions from civil liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would

Cochran v. Folger

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

clearly established constitutional law. … Qualified Immunity.

May v. Higgins

District Court, E.D. Arkansas · May 24, 2021

Qualified immunity protects government officials who acted in an objectively reasonable manner and shields them from liability when their conduct does not violate “clearly established statutory or constitutional rights … right was not clearly established at the time of the alleged violation, such that reasonable officials would not have known their actions were unlawful.

Miley v. Housing Authority

926 F. Supp. 2d 420 · District Court, D. Connecticut · Feb 25, 2013

Qualified immunity “protects government officials from liability where the officials’ conduct was not in violation of a ‘clearly established’ constitutional right.” Sudler v. … by qualified immunity.”

Adams v. St. Lucie County Sheriff's Department

962 F.2d 1563 · Court of Appeals for the Eleventh Circuit · Jun 15, 1992

The court concluded in Ansley that “[t]he Supreme Court’s qualified immunity precedent aims at one goal: to keep the public official out of the courtroom, free to exercise discretionary duties under clearly established law … ’ conduct violated that clearly established law?

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.”

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

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-

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.