Case law

Richardson v. City of Antioch

722 F. Supp. 2d 1133 · District Court, N.D. California · Jul 13, 2010

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate any clearly established statutory or constitutional rights of which a reasonable … Based on clearly established precedent, the Court also finds that Defendants are not entitled to qualified immunity for the arrest of KC. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 . 2.

Carswell v. Borough of Homestead

381 F.3d 235 · Court of Appeals for the Third Circuit · Aug 20, 2004

Murphy, 274 F.3d ruling on qualified immunity. … facts material to the qualified immunity violation of excessive force.

Lenell Geter v. James Fortenberry

882 F.2d 167 · Court of Appeals for the Fifth Circuit · Sep 5, 1989

We examine the plaintiffs’ factual allegations only to determine whether they would be sufficient, if proven, to make out a violation of clearly-established law. 3 II. … However, in Geter I we held that these same allegations were substantial enough to “remove the cloak of qualified immunity”: “[A] police officer cannot avail himself of a qualified immunity defense if he procures false identification

Cochran v. Folger

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

clearly established constitutional law. … Qualified Immunity.

Lindsey v. Storey

936 F.2d 554 · Court of Appeals for the Eleventh Circuit · Jul 23, 1991

Qualified immunity shields law enforcement officers performing discretionary functions from suit for all violations except those of clearly established law. Harlow v. … But, again, Storey is entitled to qualified immunity unless he clearly lacked the reasonable suspicion necessary to justify the search.

Dunklin v. Lowndes County

894 F. Supp. 1527 · District Court, M.D. Alabama · Jun 30, 1995

“clearly established”). … In plain terms, Hulett is entitled to qualified immunity if the Plaintiffs fail to produce sufficient evidence that, when viewed in the light most favorable to them, Hulett violated their clearly established Fourteenth Amendment

Bah v. City of N.Y.

319 F. Supp. 3d 698 · District Court, S.D. Illinois · May 21, 2018

Nevertheless, he is entitled to qualified immunity if his conduct did not violate clearly established law. … On qualified immunity, the officer's actions are assessed in view of the clearly established law at the time the officer acted. Pearson v. Callahan, 555 U.S. 223 , 244, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Rodriguez-Cortes v. Superintendencia del Capitolio

236 F. Supp. 3d 498 · District Court, D. Puerto Rico · Feb 17, 2017

(2), if so, whether that right was clearly established at the time of defendant’s violation.” … Defendants fail to satisfy either part of the qualified immunity test. Accordingly, the Court finds that the defense of qualified immunity does not apply to defendant Vazquez.

Sadallah v. City Of Utica

383 F.3d 34 · Court of Appeals for the Second Circuit · Sep 3, 2004

defendant's action was objective[ly] legal [ly] reasonable[ ] ... in light of the legal rules that were clearly established at the time it was taken. 10 X-Men Sec., Inc. v. … Accordingly, Hanna is entitled to qualified immunity. C.

CLIFT BY CLIFT v. Fincannon

657 F. Supp. 1535 · District Court, E.D. Texas · Apr 13, 1987

The resolution, then, of the qualified immunity defenses raised by these individually named Defendants turns initially on whether the law was clearly established at the time the action in question occurred. 13 *1545 Thus, … There being no clearly established federal right to habilitation in the least restrictive alternative setting, the individual Defendants’ claims of qualified immunity must prevail in that regard.

Eidson v. Owens

515 F.3d 1139 · Court of Appeals for the Tenth Circuit · Feb 13, 2008

Qualified Immunity “The doctrine of qualified immunity shields government officials performing discretionary functions from liability for damages insofar as their conduct does not violate clearly established statutory … But if a violation can be shown, we must then consider whether the right was clearly established. Id. A.

Munger v. City of Glasgow Police Department

227 F.3d 1082 · Court of Appeals for the Ninth Circuit · Sep 6, 2000

Qualified immunity “ ‘shield[s] [government agents] 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 … To evaluate a qualified immunity claim, we first ask whether the law governing the official’s conduct was clearly established; if so, we ask whether under that law, and under the circumstances at issue, a reasonable officer

Cornell v. Woods

69 F.3d 1383 · Court of Appeals for the Eighth Circuit · Nov 8, 1995

Qualified Immunity 24 The prison officials claim that the district court committed error by refusing to grant them qualified immunity. This is an issue that we review de novo. See Henderson, 29 F.3d at 467 . … Qualified immunity applies unless the officials' conduct violates " 'clearly established statutory or constitutional rights of which a reasonable person would have known.' " Henderson, 29 F.3d at 467 (quoting Harlow v.

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

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-

Egolf v. Witmer

421 F. Supp. 2d 858 · District Court, E.D. Pennsylvania · Mar 9, 2006

Defendants Are Entitled To Qualified Immunity Because A Reasonable Person Would Not Have Believed They Were Violating Clearly Established Rights. … The Supreme Court has directed that regardless of whether the rights at issue are ones that “a reasonable person would have known” or are “clearly established,” I must begin my evaluation of a qualified immunity defense by

Tanner v. San Juan County Sheriff's Office

864 F. Supp. 2d 1090 · District Court, D. New Mexico · Mar 21, 2012

Clearly Established Rights in the Qualified Immunity Analysis. … Qualified immunity shifts the burden to the plaintiff to establish that the officer violated clearly established law.

Murphy v. Goss

103 F. Supp. 3d 1234 · District Court, D. Oregon · Apr 16, 2015

Standards for Qualified Immunity Under Section 1983 Defendants also contend that they are entitled to qualified immunity under 42 U.S.C. § 1983 . … “whether federal rights asserted by a plaintiff were clearly established at the time of the alleged violation.” Martinez v. Stanford, 323 F.3d 1178, 1183 (9th Cir.2003). George v.

Lewis v. Roosevelt Island Operating Corp.

246 F. Supp. 3d 979 · District Court, S.D. New York · Mar 28, 2017

Public officials sued in their individual capacity are entitled to qualified immunity if “(1) a constitutional right was [not] violated or (2) the right was not clearly established [at the time of the violation].” … Rather, Defendants’ qualified immunity argument is based on the contention that the Complaint does not. include facts establishing the underlying constitutional violations, which the Court has rejected. VI.