Case law

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

Hunt v. Bd. of Regents of the Univ. of New Mex.

338 F. Supp. 3d 1251 · District Court, D. New Mexico · Sep 6, 2018

Clearly Established Law Qualified immunity attaches when an official's conduct " 'does not violate *1260 clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v. … Thus, they cannot be used to demonstrate "clearly established law" within the meaning of a qualified immunity analysis.

Sonnier v. Crain

649 F. Supp. 2d 484 · District Court, E.D. Louisiana · Jul 30, 2009

A state actor is entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established at the time of his or her actions. McClendon v. … For a constitutional right to be clearly established for purposes of qualified immunity, its contours must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. 4 Hope

Merisier v. Ellender

197 F. Supp. 3d 310 · District Court, D. Massachusetts · Jul 6, 2016

As the First Circuit recently explained: The rules for granting qualified immunity are well established. … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’

Adams v. City of Shreveport

269 F. Supp. 3d 743 · District Court, W.D. Louisiana · Aug 28, 2017

A defendant who can validly raise a qualified immunity defense will enjoy its protection so long as the allegedly violated constitutional right was not clearly established at the time of the violation. See id. … This right is a clearly established right for the purposes of a qualified immunity analysis. See id.

Bischoff v. Calhoun County Prosecutor

173 Mich. App. 802 · Michigan Court of Appeals · Dec 20, 1988

which is essentially investigative or administrative and therefore entitled to only the protection of the qualified immunity. … Qualified immunity shields government officials performing discretionary functions from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Castagna v. Jean

955 F.3d 211 · Court of Appeals for the First Circuit · Apr 10, 2020

Further, they argued that were entitled to qualified immunity on the same grounds and because the law on community caretaking in 2013 did not clearly establish that their entry violated either brother's constitutional … The Officers Are Entitled to Qualified Immunity Because in 2013 the Law Was Not Clearly Established that Entering the Home Was Unconstitutional Under the Community Caretaking Exception The officers are entitled

Doe v. Methacton School District

880 F. Supp. 380 · District Court, E.D. Pennsylvania · Mar 16, 1995

QUALIFIED IMMUNITY The individual Methacton Defendants assert that they are entitled to qualified immunity for all constitutional claims against them. The burden to show immunity is on the defendant. … The test for whether qualified immunity should be applied is whether: (1) government officials (2) performed discretionary functions (3) that did not violate clearly established statutory or constitutional rights (4) of which

Tyralyn Harris v. New Orleans Police Depart

745 F.3d 767 · Court of Appeals for the Fifth Circuit · Mar 12, 2014

DISCUSSION “Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … Once the defendant raises the qualified immunity defense, “the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.”

Yoder, J. v. McCarthy Const., Inc

291 A.3d 1 · Superior Court of Pennsylvania · Jan 31, 2023

Whether [JNOV] is required because [McCarthy] is clearly entitled to statutory[-]employer immunity? 2. … McCarthy’s Brief at 9.11 First Issue In McCarthy’s first issue, it asserts that JNOV is required because it is clearly entitled to statutory-employer immunity. Id. at 20.

Latherian Harris v. City of Saginaw, Mich.

62 F.4th 1028 · Court of Appeals for the Sixth Circuit · Mar 20, 2023

We evaluate qualified immunity in two, non-sequential steps: whether “the facts alleged show the officer’s conduct violated a constitutional right” and whether that right was “clearly established.” Saucier v. … And because there is reason to believe that this arrest violated Harris’s clearly established constitutional right, none of the Officers are entitled to qualified immunity.

Peters v. City of Buffalo

848 F. Supp. 2d 378 · District Court, W.D. New York · Jan 30, 2012

Qualified Immunity Having found that Clark and Marusak are not entitled to absolute immunity, dismissal may nevertheless be proper if their actions are entitled to qualified immunity. … Officials are protected from § 1983 liability by qualified immunity if their actions (1) did not violate clearly established law or (2) were objectively reasonable. See Warren v. Keane, 196 F.3d 330 , 332 (2d Cir.1999).

Kesterson v. Kent State Univ.

345 F. Supp. 3d 855 · District Court, N.D. Ohio · Nov 5, 2018

The qualified immunity doctrine shields government officials performing discretionary actions from civil damages liability if their actions did not violate clearly established statutory or constitutional rights of which a … Nonetheless, Linder is still entitled to qualified immunity for this claim if the constitutional rights implicated were not clearly established.

Doe Ex Rel. Johnson v. South Carolina Department of Social Services

597 F.3d 163 · Court of Appeals for the Fourth Circuit · Mar 5, 2010

Qualified immunity from § 1983 claims “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 … of clearly established law.”); Swanson v.

Wesby v. District of Columbia

765 F.3d 13 · Court of Appeals for the D.C. Circuit · Sep 2, 2014

“An officer is entitled to qualified immunity, despite having engaged in constitutionally deficient conduct, if, in doing so, she did not violate ‘clearly established statutory or constitutional rights of which a reasonable … Because the common-law privilege Defendants invoke overlaps with but is harder to establish than qualified immunity, the Defendants’ argument on that score “fails for essentially the same reasons already set forth.”

T.S.H. v. Green

996 F.3d 915 · Court of Appeals for the Eighth Circuit · May 11, 2021

The officers moved to dismiss the complaint based on qualified immunity. The district court concluded, however, that the students adequately alleged violations of clearly established constitutional and statutory rights. … The officers thus did not violate the students’ clearly established rights under the Fourth Amendment, so they are entitled to qualified immunity on this claim. B.

Richard Ortega v. United States Immigration & Customs Enforcement

737 F.3d 435 · Court of Appeals for the Sixth Circuit · Dec 10, 2013

In a qualified-immunity case, a court may reject the constitutional claim on either of two grounds — either because no such constitutional right existed or because the constitutional right was not clearly established at the … clearly established at the time.

Heller v. Fulare

371 F. Supp. 2d 743 · District Court, W.D. Pennsylvania · Mar 30, 2005

Therefore, on this issue, qualified immunity is denied. … As for the applicability of qualified immunity to the remaining claims in Count II and the remaining Counts of the Complaint, the Court denies qualified immunity without prejudice to raise this immunity within a second motion

Badder v. Schmidt

50 F. Supp. 3d 902 · District Court, E.D. Michigan · Oct 7, 2014

with qualified immunity. … “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232 , 129 S.Ct. at 816 .

Marshall v. Montaplast of N. Am., Inc.

575 S.W.3d 650 · Missouri Court of Appeals · Jun 13, 2019

This Court held that the rule prohibiting noncompete agreements qualified as such. Id. … Immunity is a shield. It frees a party from the burden of litigation. It does not create a sword or a right to engage in an act.