Case law

Does v. Covington County School Board of Education

930 F. Supp. 554 · District Court, M.D. Alabama · Jan 2, 2003

However, the court then held that because this duty was not clearly established at that time, the school officials were entitled to qualified immunity. Id. … The law, however, cannot be established by dicta. As stated by the Eleventh Circuit, [d]ieta is particularly -unhelpful in qualified immunity cases where we seek to identify clearly established law. See, e.g., Jones v.

Jones v. Yanta

610 F. Supp. 2d 34 · District Court, District of Columbia · Mar 31, 2009

Qualified Immunity “[Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not vio *43 late clearly established statutory or constitutional … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time

State of Arizona v. Justin James Chase

232 Ariz. 265 · Court of Appeals of Arizona · May 17, 2013

“If the existence of immunity turns on disputed factual issues, the jury determines the facts and the court then determines whether those facts are sufficient to establish immunity.” Chamberlain v. … Should the defendant fail to establish immunity, the state, of course, still must prove all elements of the charged offenses beyond a reasonable doubt at trial.

Peete v. Metropolitan Government Of Nashville And Davidson County

486 F.3d 217 · Court of Appeals for the Sixth Circuit · May 22, 2007

clearly established." … The Court held that Champion's arrest and restraint by police constituted a clearly established unreasonable seizure under the Fourth Amendment and denied the police officers' argument that they were entitled to qualified

Cruz v. Mississippi Department of Human Services

9 F. Supp. 3d 668 · District Court, S.D. Mississippi · Mar 10, 2014

Qualified Immunity To defeat a claim of qualified immunity, a plaintiff must show that (1) the plaintiff has alleged that the defendant has violated a clearly established constitutional or statutory right, and (2) a reasonable … person would have known of that clearly established right.

Montel v. City of Springfield

386 F. Supp. 3d 67 · District Court, District of Columbia · Jun 24, 2019

As this Court has but recently explained: *75 "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." … "The 'clearly established' analysis has two sub-parts." Id.

Isaiah Taylor v. Justin Schwarzhuber

Court of Appeals for the Seventh Circuit · Mar 19, 2025

Qualified immunity shields federal and state officials from monetary liability unless the law they ostensibly violated was clearly established at the time of the alleged offense. … The court awarded qualified immunity to Schwarzhuber and Rydzewski on Taylor’s initial stop and frisk claims be- cause Taylor did not provide cases showing the officers’ ac- tions violated clearly established law.

Citrano v. Allen Correctional Center

891 F. Supp. 312 · District Court, W.D. Louisiana · Jun 14, 1995

Nor does it follow that the Court intended to establish a bright line rule that private parties can never be shielded by qualified immunity. … This immunity is only defeated if the official took the complained of action “with the mahcious intention to cause a deprivation of rights,” or the official violated clearly established statutory or constitutional rights

Campbell v. District of Columbia

245 F. Supp. 3d 78 · District Court, District of Columbia · Mar 29, 2017

“Qualified immunity prevents officials who violate the law from having to defend against lawsuits for money damages unless the legal rules that were clearly established at the time the action was taken gave those officials … Accordingly, under clearly established precedent, Defendants are not entitled to summary judgment on the basis of qualified immunity because, on the undisputed facts, the officers would have had “fair warning” that they

Derrell E. Upton v. Bernie C. Thompson, Individually and in His Capacity as Sheriff of Kankakee County, Jack L. Thulen v. Marvin Bausman, Individually and in His Official Capacity as Sheriff of Carroll County, Illinois

930 F.2d 1209 · Court of Appeals for the Seventh Circuit · Apr 22, 1991

The district court concluded such rights were clearly established and denied the Sheriff's motion for summary judgment. Sheriff Thompson appeals the denial of qualified immunity. 8 II. … established in 1986 the sheriffs in these cases are protected by qualified immunity.

Peach County School District v. Austin

322 Ga. App. 368 · Court of Appeals of Georgia · Jun 20, 2013

Sovereign immunity is not an affirmative defense that must be established by the party seeking its protection. … Moreover, qualified immunity is an entitlement not to stand trial, rather than a mere defense to liability, and “courts must consider the issue of a government employee’s qualified immunity from liability as the threshold

Adam Cmty. Ctr. v. City of Troy

381 F. Supp. 3d 887 · District Court, E.D. Michigan · Apr 3, 2019

In contrast, legislative officials performing traditionally executive or administrative discretionary functions are entitled to only qualified immunity if they can establish that their actions were within the scope of their … Qualified immunity for Individual Defendants Defendants argue that the zoning board members are entitled to qualified immunity in connection with Plaintiff's claims.

Manzer v. TOWN OF ANSON

771 F. Supp. 2d 121 · District Court, D. Maine · Mar 23, 2011

The Plaintiffs then argue that the second element of the qualified immunity test — whether their rights were clearly established — is met. Id. at 12-13. … The Barton Court, in its own qualified immunity analysis, held that in 2006 and 2007, it was clearly established that a campaign of harassment could support a First Amendment retaliation claim if the harassment would deter

Hall v. Ryan

957 F.2d 402 · Court of Appeals for the Seventh Circuit · Feb 28, 1992

Judge Baker noted that qualified immunity shields government officials performing discretionary functions from civil liability if their actions do not violate clearly established statutory or constitutional rights of which … Gamble, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 , the standard of conduct imposed on defendants with respect to the care of people in custody was clearly established, so that the police officers' qualified immunity defense

Policky v. City of Seward, Neb.

433 F. Supp. 2d 1013 · District Court, D. Nebraska · May 25, 2006

Officer Shook Qualified immunity protects government officials from the costs of trial and the burdens of broad discovery unless their discretionary acts violated clearly established statutory or constitutional rights. … “[T]o withstand a motion for summary judgment on qualified-immunity grounds, a plaintiff must (1) assert a violation of a constitutional right; (2) demonstrate that the alleged right is clearly established; and (3) raise

Scarpa v. Ponte

638 F. Supp. 1019 · District Court, D. Massachusetts · Jul 2, 1986

Third, Scarpa claims that defendants are not entitled to qualified immunity because his rights under the First and Fourteenth Amendments were clearly established at the time he was wrongly punished. 2 A. … In King, the First Circuit Court of Appeals took into account the defendant’s violation of clearly established prison regulations in denying his qualified immunity defense.

Vega-Santiago v. Ortiz-Velez

405 F. Supp. 2d 170 · District Court, D. Puerto Rico · Aug 17, 2005

Saucier outlines the two steps of the qualified immunity analysis: (1) if a constitutional right was violated and (2) whether the right was clearly established. … In short, to set aside the buckler of qualified immunity ‘the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized, and hence more relevant, sense.’

Hernandez v. Conde

442 F. Supp. 2d 1131 · District Court, D. Kansas · Jul 24, 2006

A public official performing a discretionary function enjoys qualified immunity in a civil action for damages, provided his or her conduct does not violate clearly established federal statutory or constitutional rights of … On the other hand, if a violation has been shown, the next step in the qualified immunity sequence is to ask whether the constitutional right was clearly established. Id.

Monks v. Marlinga

732 F. Supp. 749 · District Court, E.D. Michigan · Feb 14, 1990

Thus, neither is dispositive of the current qualified immunity issue. … in fact is not clearly established today.

Smiley v. Alabama Department of Transportation

778 F. Supp. 2d 1283 · District Court, M.D. Alabama · Mar 30, 2011

Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . 14 Qualified immunity is applicable unless the officials conduct violated a clearly established federal right. Anderson v. … The Eleventh Circuit Court of Appeals has repeatedly held, in the qualified immunity context, that the right to be free from employment discrimination on the basis of race is clearly established. See, e.g., Rioux v.