Case law

Boris Mudd v. Jason Johnson (mem. dec.)

Indiana Court of Appeals · Apr 14, 2015

[19] Mudd’s claim against Johnson is best resolved through the doctrine of qualified immunity. … We cannot conclude that the specific alleged rights at issue were clearly established at the time of Johnson’s alleged misconduct, and as a result Johnson is entitled to qualified immunity from Mudd’s Section

Molano v. Bezio

42 F. Supp. 3d 465 · District Court, W.D. New York · Apr 13, 2012

established” for purposes of qualified immunity. … established’ for the purpose of future qualified immunity cases involving similar fact patterns.”

Billingsley v. St. Louis County

70 F.3d 61 · Court of Appeals for the Eighth Circuit · Nov 14, 1995

It held that government officials are generally immune from suit in performing discretionary duties if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … have a clearly established right to be free from patronage dismissals.

Adams v. St. Lucie County Sheriff's Department

962 F.2d 1563 · Court of Appeals for the Eleventh Circuit · Jun 15, 1992

The court concluded in Ansley that “[t]he Supreme Court’s qualified immunity precedent aims at one goal: to keep the public official out of the courtroom, free to exercise discretionary duties under clearly established law … ’ conduct violated that clearly established law?

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

Israel E. Nelson v. Roger T. Overberg

999 F.2d 162 · Court of Appeals for the Sixth Circuit · Jul 20, 1993

[N]o qualified immunity is' available under that set of facts. Overberg filed this timely appeal. II. A denial of summary judgment on the basis of qualified immunity is appealable. Mitchell v. … Therefore, qualified immunity is not appropriate in this case.

Denning v. Metropolitan Government of Nashville

564 F. Supp. 2d 805 · District Court, M.D. Tennessee · Jun 16, 2008

Once the qualified immunity defense is raised by the defendant, it becomes the plaintiffs burden to show that the defendant is not entitled to qualified immunity. Untalan v. … The second question in determining the applicability of qualified immunity — whether Denning had a clearly established constitutional right not to be fired upon — is therefore moot.

Wilson v. Blankenship

163 F.3d 1284 · Court of Appeals for the Eleventh Circuit · Dec 31, 1998

General propositions and abstractions do not qualify for bright line, clearly established law. See Lassiter, 28 F.3d at 1150. … detainees housed there or specific square footage for inmates to exercise violates no clearly established law for qualified immunity purposes, as we clarify. 1.

Cochran v. Folger

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

clearly established constitutional law. … Qualified Immunity.

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-

Miley v. Housing Authority

926 F. Supp. 2d 420 · District Court, D. Connecticut · Feb 25, 2013

Qualified immunity “protects government officials from liability where the officials’ conduct was not in violation of a ‘clearly established’ constitutional right.” Sudler v. … by qualified immunity.”

Meyer v. Town of Buffalo

482 F.3d 1232 · Court of Appeals for the Tenth Circuit · Apr 16, 2007

To overcome the defense of qualified immunity, the judge noted, a plaintiff is required to show that the defendants’ actions violated a federal constitutional or statutory right, and that the right violated was clearly … Bryant, 502 U.S. 224, 227 (1991) (per curiam), for the principle that an officer must be granted qualified immunity if, in light of clearly established law and the information the officer possessed, a reasonable officer

Gary Vickery, Cross-Appellee v. Janell Jones, William Pearman and Kirk Brown, and Saline County Republican Central Committee and William Roberts

100 F.3d 1334 · Court of Appeals for the Seventh Circuit · Nov 22, 1996

Second, if so, was the unconstitutionality clearly established or are the state defendants entitled to qualified immunity? Third, did [the plaintiff] suffer an injury by virtue of the defendants’ actions? … Qualified immunity shields government officials who are performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights

Copper v. City of Fargo

905 F. Supp. 680 · District Court, D. North Dakota · Dec 30, 1994

“Qualified immunity protects a government official from suit if, at the time of the challenged acts, it was not clearly established that those actions would violate clearly established law of which a reasonable person would … The qualified immunity defense may still be viable even when the plaintiff establishes the violation of a clearly established constitutional right, if the defendant can demonstrate the “objective legal reasonableness” of

May v. Higgins

District Court, E.D. Arkansas · May 24, 2021

Qualified immunity protects government officials who acted in an objectively reasonable manner and shields them from liability when their conduct does not violate “clearly established statutory or constitutional rights … right was not clearly established at the time of the alleged violation, such that reasonable officials would not have known their actions were unlawful.

Rita F. Marsh, Cross-Appellee v. Dorothy Arn, Delores Furrow, Cross-Appellant

937 F.2d 1056 · Court of Appeals for the Sixth Circuit · Sep 23, 1991

The scope of qualified immunity is well stated by the Supreme Court in Harlow v. … Whether an official may prevail in his qualified immunity defense depends upon the ‘objective reasonableness of [his] conduct as measured by reference to clearly established law.’ ”); Ohio Civil Service Employees Ass’n v.

BK v. Toumpas

909 F. Supp. 2d 60 · District Court, D. New Hampshire · Nov 14, 2012

“Qualified immunity shields ... state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a constitutional or statutory right and (2) that the right was clearly established … In any event, a single decision from another district court does not provide the "fair warning” of clearly established law necessary to overcome the defendants' qualified immunity defense. See Lynch v.

Allen v. DISTRICT ATTORNEY'S OFF. OF PHILADELPHIA

644 F. Supp. 2d 600 · District Court, E.D. Pennsylvania · Aug 3, 2009

QUALIFIED IMMUNITY Qualified immunity is “ ‘an entitlement not to stand trial or face the other burdens of litigation.’ ” Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (quoting Mitchell v. … In considering the second prong of the Saucier test, the Third Circuit clarified that “[a] right is clearly established for the purposes of qualified immunity when its contours are ‘sufficiently clear that a reasonable official

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.

King v. Jefferies

402 F. Supp. 2d 624 · District Court, M.D. North Carolina · Nov 25, 2005

clearly established answers. … “If the law did not put the officer on notice that his conduct would be clearly unlawful,” qualified immunity should be granted. Saucier, 533 U.S. at 202, 121 S.Ct. at 2156.