Case law

Clayton v. City of Kingston

44 F. Supp. 2d 177 · District Court, N.D. New York · Apr 23, 1999

Overcoming qualified immunity entails a two-part process: “First, a plaintiff must allege the violation of a clearly established constitutional or statutory right. … A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to “state a claim of violation of clearly established law.” See Connell v.

Tyquan Stewart v. Parkview Hospital

940 F.3d 1013 · Court of Appeals for the Seventh Circuit · Oct 22, 2019

Police officers enjoy immunity from liability for conduct that “does not violate clearly established statutory or consti‐ tutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S. … In these circumstances, Stewart cannot establish that the officers violated a right clearly established under the Fourth Amendment, and qualified immunity ap‐ plies. Id.; see also Wilson v.

K.D. ex rel. Duncan v. White Plains School District

921 F. Supp. 2d 197 · District Court, S.D. New York · Feb 5, 2013

Qualified Immunity Since Defendants have asserted a qualified immunity defense based on the absence of a clearly established right, the Court begins, not with an analysis of whether KD.’s Fourth Amendment rights were violated … Legal Standard “Qualified immunity was created to shield government officials from civil liability for the performance of discretionary functions so long as their conduct does not violate clearly established statutory or

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."

Redwood v. Lierman

Appellate Court of Illinois · Jun 7, 2002

Qualified Immunity Defendants argue that under the facts in the amended complaint, they are entitled to a qualified immunity from liability because the applicable legal standards were not clearly established at the time they … The majority's rule requiring a warrant is not only not clearly established, it is not the law. Qualified immunity applies.

Anderson v. Board of Regents

822 F. Supp. 2d 1342 · District Court, N.D. Georgia · Sep 30, 2011

Qualified immunity confers complete protection upon government officials sued in their personal capacities unless their conduct “ ‘violate[s] clearly established statutory or constitutional rights of which a reasonable person … In addition, in order to avoid summary judgment on qualified immunity grounds, plaintiff must show that the property or liberty interest was well established and that the process he received was clearly inadequate.

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.

Johnson v. Clifton

74 F.3d 1087 · Court of Appeals for the Eleventh Circuit · Jan 26, 1996

A public official may immediately appeal a denial of qualified immunity where the disputed issue involves whether or not the defendant's conduct constitutes a violation of clearly established law. … clearly established law.

Smith v. Four Corners Mental Health Center, Inc.

473 Utah Adv. Rep. 50 · Utah Supreme Court · May 13, 2003

For the Randalls to benefit from this prior decision granting immunity to DHS, they must clearly establish a relationship with DHS that legally qualifies them to receive the same treatment. 126 The Randalls argue that they … by the Randalls do not, however, clearly establish that they were employees of DHS rather than independent contractors.

Smith v. Upson County, Ga.

859 F. Supp. 1504 · District Court, M.D. Georgia · Aug 8, 1994

Qualified Immunity The Eleventh Circuit Court of Appeals has adopted an objective-reasonableness test for determining whether a government official is entitled to qualified immunity. See Courson v. … Under this analysis, the defendant is entitled to qualified immunity if either (1) the law was not clearly established, or (2) the law was clearly established but the defendant did not violate the law. Id. n. 14. A.

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.”

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.