Case law

Brown v. Fogle

867 F. Supp. 2d 61 · District Court, District of Columbia · May 17, 2012

Qualified immunity is “a defense that shields officials from suit if their conduct ‘d[id] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Bame v. … "If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id.

Kevin McCourt v. Miguel Angel Delgado

West Virginia Supreme Court · Mar 25, 2019

Under this standard, the petitioner officers contend they are entitled summary judgment based on qualified immunity because they did not violate any clearly established constitutional rights. … Under a qualified immunity analysis, we must determine whether the petitioner officers’ alleged conduct violated a clearly established constitutional right.

Wesley Brayman v. Mark Shepherd

Court of Appeals for the Eighth Circuit · Sep 4, 1996

of clearly established law.'" … Gilley, 500 U.S. 226, 231 (1991) (holding that the first inquiry in a proper qualified immunity analysis is whether the plaintiff alleged the violation of a clearly established constitutional right).

Violano v. Fernandez

280 Conn. 310 · Supreme Court of Connecticut · Oct 17, 2006

Specifically, the majority concluded that qualified governmental immunity applied to Fernandez’ alleged actions because they were discretionary in nature. Id., 12. … Further, the majority determined that none of the exceptions to Fernandez’ qualified governmental immunity applied. Id.

Mayronne v. Vaught

843 F. Supp. 1096 · District Court, E.D. Louisiana · Feb 23, 1994

Because it is not a clearly established constitutional right, Mr. Mayronne’s claims for malicious prosecution are barred by the theory of qualified immunity. 3. … Mayronne was not clearly established, thus barring his claim on the theory of qualified immunity. 4.

Navajo Nation v. Crockett

7 Navajo Rptr. 237 · Navajo Nation Supreme Court · Nov 26, 1996

Qualified Immunity NAPI argues that in the absence of a showing of bad faith and gross negligence, an official who violates a person’s rights guaranteed by the Navajo Nation Bill of Rights is entitled to qualified immunity … Individual Navajo Nation officials are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Bazan Ex Rel. Bazan v. Hidalgo County

246 F.3d 481 · Court of Appeals for the Fifth Circuit · Mar 27, 2001

Qualified immunity protects government officials performing discretionary functions from civil damages liability if their actions were objectively reasonable in the light of then clearly established law. … clearly established law.

Musso-Escude v. Edwards

4 P.3d 151 · Court of Appeals of Washington · Jul 17, 2000

is alleged. [22] Qualified immunity protects an official only for those acts done in *156 good faith. [23] In general, executive branch officials are afforded qualified immunity. [24] Where a state actor claims immunity … Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct "does not violate clearly established statutory or

Blissett v. Coughlin

66 F.3d 531 · Court of Appeals for the Second Circuit · Sep 25, 1995

In the context of the claims in this case, qualified immunity affords government officials a two-tier defense “from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Consistent with their pretrial posture, Appellants made no further effort to establish a qualified immunity defense following the colloquy.

Ada Anglemeyer v. Craig Ammons

92 F.4th 184 · Court of Appeals for the Third Circuit · Feb 7, 2024

both prongs of the qualified immunity analysis. … Our sister circuits have denied qualified immunity in cases factually similar to Couden. See, e.g., Shannon v.

Kevin Lipman v. Armond Budish

974 F.3d 726 · Court of Appeals for the Sixth Circuit · Sep 4, 2020

Even had Defendants adequately argued the qualified immunity point, the right that they infringed upon was clearly established at the time of their actions in this case. … And in Nelson, this Court directly addressed qualified immunity with respect to state-created danger, rejecting the officer’s claim to qualified immunity because Kallstrom clearly established that the state may not affirmatively

Mohamed Emad v. Dodge County

71 F.4th 649 · Court of Appeals for the Seventh Circuit · Jun 26, 2023

Fitzgerald, 457 U.S. 800, 818 (1982) (establishing a two-pronged inquiry for an award of qualified immunity); Johnson v. … And doubtless, too, the district court was right to un- derscore the Supreme Court’s repeated admonition that prong two of a proper qualified immunity inquiry requires identifying the pertinent body of clearly established

Austin v. City of Pasadena

74 F.4th 312 · Court of Appeals for the Fifth Circuit · Jul 18, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … The test for qualified immunity involves two steps: “first we ask whether the officer’s alleged conduct has violated a federal right; . . . second we ask whether the right in question was ‘clearly established’ at

Harrison v. State

203 So. 3d 126 · Court of Criminal Appeals of Alabama · Dec 18, 2015

Absent a clearly expressed legislative intent to the contrary, the language of the statute is conclusive. … We first note that Harrison is not entitled to any relief on his claim that he presented sufficient evidence during trial and after trial to establish that he was immune from prosecution.

Moxley v. Town of Walkersville

601 F. Supp. 2d 648 · District Court, D. Maryland · Mar 6, 2009

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 would have known … Nonetheless, “qualified immunity ... will be upheld on a [Rule] 12(b)(6) motion only when the immunity is established on the face of the complaint,” Hafley v.

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.

Ronald Dean Brown v. Crispus C. Nix John Henry John Emmet Paul Hedgepath Charles Harper Paul Grossheim Hal Farrier

33 F.3d 951 · Court of Appeals for the Eighth Circuit · Oct 18, 1994

They asserted, among other things, that they are immune from suit by reason of qualified immunity. … In order to lose their qualified immunity, officials must violate an inmate’s clearly established constitutional rights. Id.

Hodge v. Jones

31 F.3d 157 · Court of Appeals for the Fourth Circuit · Jul 19, 1994

The court rejected Defendants' proffered qualified immunity defense on a determination that both the protected interest of familial privacy and the procedural safeguards ofSec. 5-715 were clearly established at the time of … Defendants are entitled to qualified immunity from civil monetary damages if their conduct did not violate the Hodges' clearly established federal statutory or constitutional rights of which a reasonable person would have

Sarah Molina v. Daniel Book

59 F.4th 334 · Court of Appeals for the Eighth Circuit · Feb 2, 2023

In the face of a summary-judgment motion seeking qualified immunity, the district court ruled that the claims could proceed to a jury. … It could not have clearly established a First Amendment right to wear the bright green hats.

Karl v. City of Mountlake Terrace

678 F.3d 1062 · Court of Appeals for the Ninth Circuit · May 8, 2012

Discussion The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their con- duct does not violate clearly established statutory or constitu- tional rights of which … We exercise our discretion to consider prong one of the qualified immunity analysis first.