Case law

Vista McDuffie v. Hopper

982 F. Supp. 817 · District Court, M.D. Alabama · Oct 23, 1997

The opinion does so by jumping directly to a discussion of whether the doctor had violated clearly established law, Id. at 721, assuming, without deciding, that qualified immunity necessarily follows § 1983 liability. … Again, however, the court does so by jumping straight to an analysis of clearly established law; it does not address the question whether private party doctors are entitled to claim qualified immunity at all.

Walter Warren v. State of Missouri Dick Moore Bill Armontrout Leonard Rutledge Richard A. Anderson Richard K. Bowers Keith Heidbreder Loren Stout

995 F.2d 130 · Court of Appeals for the Eighth Circuit · May 28, 1993

Defendants are entitled to qualified immunity as a matter of law if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Defendants argue that they are entitled to qualified immunity on Warren’s unsafe work place claim because the law governing prison working conditions was not clearly established in 1986 — since prison work is voluntary, it

Cavanaugh v. Bartelt

178 F. Supp. 3d 819 · District Court, D. Nebraska · Apr 12, 2016

Qualified immunity shields public officials performing discretionary functions from liability for conduct that does not violate clearly established statutory or constitutional rights of which a reasonable person would have … In determining whether an official is entitled to qualified immunity, the Court asks (1) whether the facts alleged establish a violation of a constitutional or statutory right and (2) whether that right *833 was clearly established

Bell v. City of Los Angeles

835 F. Supp. 2d 836 · District Court, C.D. California · Dec 20, 2011

establish constitutional precedent on questions that do not frequently arise in cases in which a qualified immunity defense is unavailable; and when few judicial resources would be conserved by considering only the “clearly … “An officer conducting a search is entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.” Pearson v.

Tolbert v. Queens College

164 F.3d 132 · Court of Appeals for the Second Circuit · Jan 15, 1999

the qualified immunity issue can[ ]not be resolved before trial. … the federal right allegedly infringed was “clearly established,” ....

Howard v. Board of Education of Sycamore Community Unit School District No. 427

893 F. Supp. 808 · District Court, N.D. Illinois · Jul 21, 1995

Qualified Immunity Weleker contends he is entitled to qualified immunity as to plaintiffs section 1983 claim because there is no clearly established law that he had a duty to take action in response to the students’ allegedly … Absent allegations stating a violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Id.

Morabito ex rel. Estate of Morabito v. Holmes

628 F. App'x 353 · Court of Appeals for the Sixth Circuit · Oct 7, 2015

We have “jurisdiction over the legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.” Harris v. City of Circleville, 583 F.3d 356, 364 (6th Cir.2009) (citing Kirby v. … The qualified immunity inquiry for the denial of medical care similarly looks to see whether there was a violation of clearly established constitutional rights.

Radloff v. City of Oelwein

284 F. Supp. 2d 1145 · District Court, N.D. Iowa · May 19, 2003

Conclusions of Law Qualified Immunity A government official who performs discretionary functions is protected from suit under the doctrine of qualified immunity as long as the official’s conduct did not violate clearly established … The officers are not entitled to qualified immunity on the plaintiffs claim of excessive force. The right against unreasonable seizure of one’s person is clearly established law.

Larry Hope v. Mark Pelzer, Gene McClaran

240 F.3d 975 · Court of Appeals for the Eleventh Circuit · Feb 14, 2001

’s qualified immunity analysis. … Public officials are entitled to qualified immunity from monetary damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Fisher v. City of Las Cruces

584 F.3d 888 · Court of Appeals for the Tenth Circuit · Oct 19, 2009

entitled to qualified immunity.” … Clearly Established Law The next question is whether the right at issue was clearly established at the time of the alleged unlawful incident.

Karchefske v. Department of Mental Health

143 Mich. App. 1 · Michigan Court of Appeals · May 20, 1985

S Ct 855 ; 55 L Ed 2d 24 (1978) (qualified immunity for *6 prison officials and officers), Scheuer v Rhodes, 416 US 232 ; 94 S Ct 1683 ; 40 L Ed 2d 90 (1974) (qualified immunity for governor and other executive officers) … Clearly, the sovereign immunity of the states was well established at common law at the time that § 1983 was enacted.

L.S.T., Inc. v. Crow

49 F.3d 679 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

If the facts taken in the light most favorable to the plaintiff do not establish a violation of a clearly established constitutional right, the public official is entitled to summary judgment. … This means, in the context of a motion based on qualified immunity, that the plaintiff must show “there is a genuine issue of material fact regarding the defendant’s conduct as being violative of the clearly established law

Weg v. MacChiarola

995 F.2d 15 · Court of Appeals for the Second Circuit · Jun 4, 1993

"Public officials are entitled to qualified immunity from liability for civil damages.... As long as their conduct does not violate a clearly established statutory or constitutional right, they cannot be held liable." … Where statutory language may be easily read to cover particular conduct, a prosecution based on that language does not lose immunity absent "clearly established" caselaw to the contrary.

Jerry Farrish v. Mississippi State Parole Board

836 F.2d 969 · Court of Appeals for the Fifth Circuit · Feb 5, 1988

Qualified Immunity B. Qualified Immunity Thigpen advances the alternate proposition that even under a qualified immunity theory, he cannot be liable for damages in this case. … legal rules that were ‘clearly established’ at the time it was taken.”

Toni Duncan v. Rodney Herron

687 F.3d 955 · Court of Appeals for the Eighth Circuit · Aug 3, 2012

Qualified immunity “protects ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Because Herron did not violate Duncan’s right to equal protection, this court needs not address the other prong of the qualified-immunity analysis: whether the law was clearly established that Herron’s conduct violated Duncan

Emily Evans v. Phil Plummer

687 F. App'x 434 · Court of Appeals for the Sixth Circuit · Apr 19, 2017

Since we found no Fourth Amendment violation in Stricker, that case cannot constitute clearly established law sufficient to deny Feehan qualified immunity. White, 137 S. Ct. at 551. … But McDaniel actually expressed doubt about the holding in Parker and granted qualified immunity on the grounds that the law with respect to tasers was not clearly established. Id. at *27.

Larry D. Jr. and Pamela Pyles v. Mason Co. Fair, Inc.

239 W. Va. 882 · West Virginia Supreme Court · Nov 1, 2017

under the Act are legal determinations capable of and demanding resolution at this juncture of the litigation rather than at the appellate stage.15 Because the principles of governmental immunity clearly apply to the facts … Pack, 223 W.Va. 828, 831, 679 S.E.2d 660, 663 (2009) (affirming “need for early resolution of immunity rulings” and holding that summary judgment ruling predicated on qualified immunity is subject to immediate appeal under

Arnold v. South Carolina Department of Corrections

843 F. Supp. 110 · District Court, D. South Carolina · Feb 3, 1994

Certainly, its applicability is not “clearly established,” which calls into play the qualified immunity of Defendants. … “Government officials who are sued for damages under § 1983 for their performance of discretionary functions are entitled to a qualified immunity defense if they prove that their conduct ‘does not violate clearly established

Lisa Price v. Montgomery County

72 F.4th 711 · Court of Appeals for the Sixth Circuit · Jul 5, 2023

To overcome a defendant’s qualified immunity defense, a plaintiff must plausibly allege that (1) the official violated a federal statutory or constitutional right, and (2) the right was “clearly established” at the time of … Miller has neither proven that violating a court order constitutes a constitutional violation, nor that such a violation is clearly established. As a result, Craycraft is entitled to qualified immunity.

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.