Case law

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

Bills v. Aseltine

52 F.3d 596 · Court of Appeals for the Sixth Circuit · Apr 26, 1995

The court noted that government officials are entitled to qualified immunity while performing discretionary functions so long as their actions do not violate clearly established rights of which any reasonable official would … action is a violation) violates a clearly established right.

Garcia v. Webb County District Attorney

764 F. Supp. 457 · District Court, S.D. Texas · Apr 12, 1991

Thus absolute immunity is not a protection to Defendant Garcia in his role as an employer; at best, Defendant Garcia has only qualified immunity for his alleged misbehavior in the instant case. Qualified Immunity. … Defendant Garcia has not established entitlement to qualified immunity on Plaintiff’s First Amendment claim, and he does not have absolute immunity.

Sisneros v. Nix

884 F. Supp. 1313 · District Court, S.D. Iowa · Mar 6, 1995

QUALIFIED IMMUNITY A. … Delo, 999 F.2d 364, 366 (8th Cir. 1993) (first step in qualified immunity analysis was determination of whether conduct violated any clearly established right).

Murphy v. New York Racing Ass'n, Inc.

76 F. Supp. 2d 489 · District Court, S.D. New York · Dec 6, 1999

qualified immunity. … Clearly Established Law Having determined that qualified immunity is generally available to the Board Defendants, it remains to determine whether their assertion of it satisfies the requirements set forth by the Supreme Court

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

Harris v. New York State Education Department

419 F. Supp. 2d 530 · District Court, S.D. New York · Mar 6, 2006

, as long as Congress’s intent to do so is expressed clearly and the state actually waives its immunity through an intentional relinquishment of a known right. … To establish a prima facie case of discrimination under § 504 of the Rehabilitation Act, Harris must show that (1) he has a disability for purposes of the Rehabilitation Act; (2) he is otherwise qualified for the benefit

Frohriep v. Flanagan

278 Mich. App. 665 · Michigan Court of Appeals · Apr 29, 2008

Lower level officers, *677 employees, and agents are extended only qualified immunity. This immunity exists when the individual is engaged in discretionary acts which are performed in good faith. … could establish the claim and justify recovery.”

Kraft v. Adams

248 Ga. App. 141 · Court of Appeals of Georgia · Jan 23, 2001

Once that is established, the burden then shifts to the plaintiff to establish that the defendant violated a clearly established statutory or constitutional right. … This requirement that plaintiff show a clearly established right is a strenuous one. . . .

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.

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,” ....

Don A. Brawner v. City of Richardson, Texas, L.F. Eudy, Richardson Police Department Director, and Kenneth Yarbrough, Chief of Police

855 F.2d 187 · Court of Appeals for the Fifth Circuit · Aug 18, 1988

established at the time he was fired so as to preclude their asserting a claim of qualified immunity. … Qualified immunity is a defense for public officials if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 19 “Clearly established” means

Eves v. LePage

842 F.3d 133 · Court of Appeals for the First Circuit · Nov 22, 2016

Qualified Immunity Framework Qualified immunity analysis, which forecloses Speaker Eves’s damages claims, encompasses two inquiries. … Oct. 24, 2016) (affording qualified immunity to elected official, for lack of clearly established law, in part because “it has never been established that a governmental official who does not himself retaliate but instead

Gorman v. Mississippi

258 F. Supp. 3d 761 · District Court, N.D. Mississippi · Jul 11, 2017

right was ‘clearly established’ at the time of the challenged conduct.”’” … immunity; the law was clearly established that “no reasonable officer could .have thought that this amount of force was legal under the circumstances,” even though there was no case directly on point.

Showers v. Spangler

957 F. Supp. 584 · District Court, M.D. Pennsylvania · Mar 5, 1997

of clearly established law.” … While we conclude here that Johnson is correct in so finding, we must also conclude that this was not clearly established law in April of 1993. Defendants are, therefore, entitled to qualified immunity. D.

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.

Comfort v. Town of Pittsfield

924 F. Supp. 1219 · District Court, D. Maine · Apr 12, 1996

To overcome qualified immunity, a plaintiff must first allege the violation of a clearly established constitutional or statutory right. Id. … The qualified immunity inquiry begins, as always, with the alleged clearly established rights at issue. Here too the inquiry ends.

Theadore Black v. Thomas A. Coughlin III

76 F.3d 72 · Court of Appeals for the Second Circuit · Feb 9, 1996

immunity a “defendant must establish that he had an objectively reasonable belief that his act violated no clearly established rights,” id. at 54 ), cert. denied, — U.S. -, 115 S.Ct. 1837 , 131 L.Ed.2d 756 (1995); Walker … Moreover, to the extent that Black claims that Ryan was biased against him, it is not a given that Ryan would be entitled to qualified immunity as a matter of law, for it has long been clearly established that an inmate subject

Brenes-Laroche v. Toledo Davila

682 F. Supp. 2d 179 · District Court, D. Puerto Rico · Jan 26, 2010

The doctrine of 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 … In conducting our qualified immunity analysis, we take the Plaintiffs facts as true for purposes of determining whether Defendants have violated his constitutional rights and whether the right at issue was clearly established

Connecticut Criminal Defense Lawyers Ass'n v. Forst

88 F.3d 111 · Court of Appeals for the Second Circuit · Jul 3, 1996

On appeal, defendants contend that they are entitled to qualified immunity principally because at the pertinent times it was not clearly established that tape-recording telephone calls, without ever listening to them, violated … Summary judgment dismissing a claim on the basis of the defendants’ qualified-immunity defense may thus be granted if the court finds that the asserted rights were not clearly established, or if the evidence is such that,