Case law

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.

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,” ....

Parker v. Board of Regents of the Tulsa Junior College

981 F.2d 1159 · Court of Appeals for the Tenth Circuit · Dec 17, 1992

Once a defendant asserts qualified immunity, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.” … facts are in dispute which would defeat the claim of qualified immunity.

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.

Gardner v. Hill

195 F. Supp. 2d 832 · District Court, E.D. Texas · Dec 18, 2001

Deputy Havard defends by stating qualified immunity bars all these claims brought against him by the plaintiff. A. Federal Qualified Immunity Standard Qualified immunity “reconciled] two competing interests. … The analysis of a qualified immunity claim requires the court: (1) to determine whether the plaintiff has alleged a violation of a clearly established constitutional right and (2) if so, then the court must decide if the

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

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.

US ex rel. Citynet, LLC v. Jimmy Gianato

962 F.3d 154 · Court of Appeals for the Fourth Circuit · Jun 22, 2020

actions had violated a clearly established right. … Thus, the state of mind required to establish liability under the FCA is also sufficient to preclude immunity protection, and therefore immunity cannot protect a public official from a suit alleging a claim under the FCA

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.

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,

D. Scott Forrester, Conservator of the Estate of Jerry Bass Jerry Bass v. Mary Bass Tony Dixon, Kimberly Rosa Melissa Johnson

397 F.3d 1047 · Court of Appeals for the Eighth Circuit · Feb 7, 2005

Johnson and Rosa moved for summary judgment, arguing they are entitled to qualified immunity *1052 because Forrester cannot prove any violation of clearly established constitutional rights. … , For-rester has failed to allege a violation of a clearly established due process right, and Rosa and Johnson are entitled to qualified immunity.

Parker v. Gerrish

547 F.3d 1 · Court of Appeals for the First Circuit · Nov 5, 2008

Though the motion did not refer to "qualified immunity" or to "clearly established law," Gerrish contends he adequately raised that issue. … Gerrish did not refer to "clearly established law" and made no effort to address his argument to qualified immunity.

Kovacic v. Cuyahoga County Department of Children & Family Services

809 F. Supp. 2d 754 · District Court, N.D. Ohio · Aug 25, 2011

Qualified Immunity Qualified immunity shields from liability government officials performing discretionary functions when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “The third inquiry impacts the analysis when despite the violation of a clearly established constitutional right, the official’s conduct was objectively reasonable, and so should still enjoy qualified immunity.” Id.

Aldarondo-Lugo v. Municipality of Toa Baja

329 F. Supp. 2d 221 · District Court, D. Puerto Rico · Aug 2, 2004

Qualiñed Immunity Inquiry The qualified immunity doctrine protects civil servants from suit and liability arising from the performance of their duties “insofar as their conduct does not violate clearly established ... constitutional … The Court begins with the first prong of the qualified immunity test: whether Plaintiffs can establish that a particular defendant violated their constitutional rights.

Dudek v. Nassau County Sheriff's Department

991 F. Supp. 2d 402 · District Court, E.D. New York · Nov 19, 2013

The standard for qualified immunity is "objective,” and not "subjective,” reasonableness, "as measured by reference to clearly established law” about which a "reasonably competent public official should know.” … for qualified immunity purposes. .

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.

Williams v. Greifinger

918 F. Supp. 91 · District Court, S.D. New York · Jan 30, 1996

Therefore, defendant is entitled to qualified immunity from civil damages. III. … That is a separate issue which goes to qualified immunity, and it is examined below. See Davis v.

Noland v. Wheatley

835 F. Supp. 476 · District Court, N.D. Indiana · Oct 22, 1993

Qualified immunity provides a defense to conduct which “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 457 U.S. at 818 , 102 S.Ct. at 2738 . … The defendants claim entitlement to qualified immunity, contending that the ADA was not clearly established law during the time in which the conduct that Mr. Noland alleges occurred.

Parsons v. McCann

138 F. Supp. 3d 1086 · District Court, D. Nebraska · Sep 30, 2015

R.Civ.P. 12(b)(6) and absolute immunity or, in the alternative, qualified immunity. a. … State officials enjoy qualified immunity from a § 1983 action if their conduct did not violaté “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Richardson v. Nassau County Medical Center

840 F. Supp. 219 · District Court, E.D. New York · Jan 7, 1994

Qualified immunity shields a government official from liability in a civil action if the official’s “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Whether the government official can benefit from qualified immunity “turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was