Case law

González v. Moreno

202 F. Supp. 3d 220 · District Court, D. Puerto Rico · Aug 16, 2016

Qualified immunity under 42 U.S.C. § 1983 , shields government officials from liability for civil damages if their actions were objectionably reasonable as evaluated in the context of legal rules that were “clearly established … The Court need not address whether any constitutional violation alleged here was . clearly established since Plaintiffs’ complaint fails at the first step of the qualified immunity analysis.

Eze v. Scott

11 F. Supp. 3d 376 · District Court, E.D. New York · Mar 31, 2014

Fourth Amendment— Qualified Immunity “The defendants are entitled to qualified immunity if they can establish either that (1) ‘a constitutional right was [not] violated’ or (2) ‘the right was [not] clearly established.’ ” … Sept. 30, 2013) (noting that qualified immunity protects officials performing discretionary functions from liability for civil damages so long as their con duct does not violate a clearly established right (citing Taravella

Plascencia v. City of St. George

705 F. Supp. 2d 1276 · District Court, D. Utah · Mar 9, 2010

Qualified immunity generally shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … in which the court answers these questions is up to the court. 87 “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” 88 “Qualified immunity is ‘an immunity

Demilo-Fytros v. City of Mount Vernon

993 F. Supp. 221 · District Court, S.D. New York · Feb 18, 1998

INDIVIDUAL DEFENDANTS The doctrine of qualified immunity entitles public officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person … the current record that they are entitled to qualified immunity.

W.Va. Division of Natural Resources v. Steven Dawson and Angela Dawson

West Virginia Supreme Court · Jun 3, 2019

On appeal, the DNR and the DNR employees raise the following issues: (1) the circuit court erred by failing to find qualified immunity because (a) there is no evidence of a violation of any clearly established statutory … Accordingly, we will begin by reviewing this Court’s established qualified immunity principles.

Melgar Ex Rel. Melgar v. Greene

593 F.3d 348 · Court of Appeals for the Fourth Circuit · Jan 29, 2010

The Supreme Court has cautioned against interpreting clearly established law too generally for fear of allowing plaintiffs “to convert the rule of qualified immunity ... into a rule of virtually unqualified liability simply … In light of the foregoing principles, we hold that qualified immunity is appropriate because Officer Greene did not violate clearly established law in his search for a missing boy who faced serious potential injury.

Margaret Andrews v. Robert Fuoss, Individually and in His Capacity as Sheriff of Jones County, South Dakota

417 F.3d 813 · Court of Appeals for the Eighth Circuit · Aug 1, 2005

ANALYSIS On appeal, Andrews asserts that the district court erred in granting Sheriff Fuoss’s motion for summary judgment on the basis of qualified immunity because Sheriff Fuoss’s actions violated her clearly established … State officers “are entitled to qualified immunity unless their alleged conduct violated ‘clearly established statutory or constitutional rights of which a reasonable person [in their positions] would have known.’ ” McCoy

Hampton Co. Nat. Sur., LLC v. Tunica County, Miss.

543 F.3d 221 · Court of Appeals for the Fifth Circuit · Sep 18, 2008

An uncertain right cannot be “a clearly established” right. Qualified immunity applies to the claim that Sheriff Hamp violated Due Process rights. … Unlike in the determination of qualified immunity for the Sheriff, the County cannot rely on there being no clearly established right when the Sheriff acted.

William J. Klein v. Lawrence Ryan and Frank Lombardo

847 F.2d 368 · Court of Appeals for the Seventh Circuit · May 16, 1988

To overcome the defense of qualified immunity, the plaintiff must show that the officials violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because qualified immunity analysis requires us to apply the law that was clearly established on May 12, 1983, see Zook v. Brown, 748 F.2d 1161, 1164 (7th Cir.1984), Gamer does not control this case. See Brown v.

Mitchell v. Rice

954 F.2d 187 · Court of Appeals for the Fourth Circuit · Jan 10, 1992

On the other hand, if the law was not so clearly established as to give notice to a reasonable prison official, we must permit appellants an immunity defense and dismiss this case against them. … Because the record in this case does not adequately address all the issues necessary to determine whether prison officials violated clearly established law, we cannot grant qualified immunity at this time.

Sutherland v. Mizer

625 F. Supp. 2d 492 · District Court, E.D. Michigan · May 6, 2008

Inasmuch as he is the party who has the responsibility of challenging the qualified immunity defense, Sutherland has not sufficiently pled a violation of a clearly established right. … Because Sutherland has not sufficiently alleged the violation of a clearly established right, the Defendants are entitled to qualified immunity for Count V.

Jubilee v. Horn

975 F. Supp. 761 · District Court, E.D. Pennsylvania · Aug 22, 1997

Defendants seek judgment on the pleadings based on the doctrine of qualified immunity. In Harlow v. … The Court later clarified this objective test by explaining that “to defeat qualified immunity it is not sufficient that the right at issue be clearly established as a general matter.

Johnson v. Morris

445 N.W.2d 563 · Court of Appeals of Minnesota · Oct 19, 1989

If the law allegedly violated is clearly established, the immunity defense ordinarily should fail, since reasonably competent public officials should know the law governing their conduct. Harlow v. … that were ‘clearly established’ at the time it was taken. * * * ” Id.

Gorman v. Bartch

152 F.3d 907 · Court of Appeals for the Eighth Circuit · Aug 20, 1998

The defendants argue in response that their conduct did not violate clearly established rights under the statutes. 8 We review de novo the decision granting qualified immunity. Rowe v. … Id., 502 U.S. at 25-27 , 112 S.Ct. at 362. 20 The defense of qualified immunity gives government officials engaged in discretionary activities immunity from liability unless their conduct violates "clearly established statutory

Meyer v. NILES TP., ILL.

477 F. Supp. 357 · District Court, N.D. Illinois · Jul 24, 1979

Dunne Is Not Protected by the Doctrine of Qualified Immunity. … To rebut the qualified immunity defense, the plaintiff must demonstrate that the constitutional right infringed was clearly established at the time of the action and the official “knew or reasonably should have known that

Grammens v. Dollar

287 Ga. 618 · Supreme Court of Georgia · Jul 5, 2010

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. [Cit.] … Qualified immunity “protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.” [Cit.]

Hyatt v. Town of Lake Lure

225 F. Supp. 2d 647 · District Court, W.D. North Carolina · Aug 26, 2002

Defendants argue in their reply brief for the first time that they are also covered by qualified immunity in that they have not violated any clearly established rights. … Qualified Immunity In their reply brief, the Defendants raise for the first time the defense of qualified immunity from suit.

Williams v. City of Montgomery

21 F. Supp. 2d 1360 · District Court, M.D. Alabama · Oct 16, 1998

However, the necessity for detailed pleadings is especially apparent in cases involving qualified immunity, where the court must determine whether an individual defendant’s actions violated a clearly established right. … Murphy is entitled to qualified immunity at the motion to dismiss stage if Plaintiffs complaint fails to allege a violation of a clearly established constitutional right. Santamorena v.

Spencer v. Pew

District Court, D. Arizona · Mar 11, 2021

Qualified Immunity 9 Government officials enjoy qualified immunity from civil damages unless their 10 conduct violates “clearly established statutory or constitutional rights … In deciding 12 if qualified immunity applies, a court must determine: (1) whether the facts alleged show 13 the defendant’s conduct violated a constitutional right; and (2) whether that right was 14 clearly established

Thomas v. Town of Salisbury

277 F. Supp. 3d 161 · District Court, D. Massachusetts · Sep 30, 2017

right that the official has violated was clearly established at the time of the violation.” … Justice Thompson argued that the majority had construed “the clearly-established-right prong” of the qualified immunity analysis too narrowly, and required that the precedent be too directly on point before an official could