Case law

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

Ratté v. Corrigan

989 F. Supp. 2d 550 · District Court, E.D. Michigan · Nov 26, 2013

Hartsfield is not entitled to qualified immunity Hartsfield contends that, to the extent she is not absolutely immune, she is entitled to qualified immunity. She is mistaken. … When government officials perform discretionary functions, they are immune from suit through qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Elder v. Holloway

874 F. Supp. 278 · District Court, D. Idaho · Jan 31, 1995

The Positions Taken by the Parties In support of his motion for summary judgment, Defendant Holloway essentially contends that he is entitled to qualified immunity based on the fact that: (1) the law was not so clearly established … Thus, in reconsidering the qualified immunity issue herein in light of Alr-Azzawy and all other relevant authority, this court finds that Defendant Holloway is entitled to qualified immunity because the law was not clearly

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

Wachtler v. County Of Herkimer

35 F.3d 77 · Court of Appeals for the Second Circuit · Sep 9, 1994

Vehicle & Traffic Law Sec. 1800(a). 20 We have held that the Fourth Amendment proscription of strip-searches of misdemeanor arrestees without reasonable suspicion is clearly enough established to preclude the defense of qualified … Thus, the individual defendants involved in the strip-search are entitled to qualified immunity. 2 23 Herkimer County, however, does not have qualified immunity, Owen v.

David W. Landrum v. Al Gomez

37 F.3d 1505 · Court of Appeals for the Ninth Circuit · Oct 5, 1994

II 5 When qualified immunity applies, the shield from section 1983 liability for damages will be lifted only if the party's conduct violates "clearly established statutory or constitutional rights of which a reasonable person … Landrum had a clearly established constitutional right to marry, see Turner v.

Meagen Brinegar v. C.O. Lumpbert individually and in his official capacitys

West Virginia Supreme Court · Jul 30, 2020

The circuit court granted WVRJCFA’s motion first, in part on the application of qualified immunity. Ms. … Therefore, we find no error in the circuit court’s application of qualified immunity. In her third assignment of error, Ms.

Scott v. Palmer

210 F. Supp. 3d 1303 · District Court, N.D. Alabama · Sep 27, 2016

was clearly established at the time of the alleged violation. … Regarding the second prong of the qualified immunity analysis, it is clearly established in the Eleventh Circuit that “gratuitous use of force when a criminal suspect is not resisting arrest constitutes excessive force.

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.

John Coffin v. Stacy Brandau

642 F.3d 999 · Court of Appeals for the Eleventh Circuit · Jun 3, 2011

of qualified immunity. … qualified immunity.

Brown v. Houston School District

704 So. 2d 1325 · Mississippi Supreme Court · Dec 18, 1997

Brown concedes that for a plaintiff to succeed in a § 1983 action, she must show the violation of a clearly established constitutional right under color of state law. She has not done so. … Qualified immunity, therefore, is not available as a defense. ¶ 22.

Robert Trammell v. David Thompson

335 F. App'x 835 · Court of Appeals for the Eleventh Circuit · Jun 18, 2009

“Qualified immunity protects government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … claim of qualified immunity.

Teresa Garcia, a Minor, by Her Next Friends Max and Sandra Garcia v. Theresa Miera, J.D. Sanchez, Edward Leyba, Judi Mestas, and Felix Duran

817 F.2d 650 · Court of Appeals for the Tenth Circuit · Apr 28, 1987

. § 1983 by qualified immunity. … Determination of qualified immunity is now to be based “on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law.” Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

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

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.

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

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.

John Lauro, Jr. v. Michael Charles, the City of New York and the Police Department of the City of New York

219 F.3d 202 · Court of Appeals for the Second Circuit · Jul 28, 2000

But we also hold that, because the Fourth Amendment right at issue was not clearly established until today’s decision, the defendant police officer in this case is entitled to qualified immunity. … Accordingly, we hold that, because the unconstitutionality of the staged perp walk was, until today, not clearly established, Detective Charles is entitled to qualified immunity for his participation in the perp walk.

Gremo v. Karlin

363 F. Supp. 2d 771 · District Court, E.D. Pennsylvania · Mar 1, 2005

Qualified Immunity All individual defendants assert the affirmative defense of qualified immunity as to the claims brought under 42 U.S.C. § 1983 . … Clearly Established Right Qualified immunity protects government officials from civil claims for damages unless there is a deprivation of an actual constitutional right and “that right was clearly established at the time