Case law

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.

John Coffin v. Stacy Brandau

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

of qualified immunity. … qualified immunity.

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.

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.

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

KRISTINA MOFFATT VS. PARSIPPANY TROY HILLS BOARD OF EDUCATION (L-2437-14, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 16, 2018

Immunity applies when snow or ice is the alleged cause of the accident. … Super. at 269 ("In the absence of a clearly established landlord-tenant relationship, our courts have previously rejected attempts by slip and fall plaintiffs to classify a particular public entity as akin to a commercial

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.

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.

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.

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 .

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. .

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

Johnson Ex Rel. Cano v. Holmes

377 F. Supp. 2d 1039 · District Court, D. New Mexico · Sep 30, 2004

Once a defendant raises the- qualified immunity defense, the plaintiff must “come forward with facts or allegations sufficient to show both that the defendant’s alleged conduct violated the law and that [the] law was clearly … If the plaintiff meets this two-part burden, the defendant “assumes the normal summary judgment burden of establishing that no material facts that would defeat his claim for qualified immunity remain in dispute.”

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.

Stachel v. City of Cape Canaveral

51 F. Supp. 2d 1326 · District Court, M.D. Florida · Jun 22, 1999

Qualified immunity shields government officials performing discretionary functions from civil Lability where “ ‘them conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, even if this use of force was unnecessary, the defendants are entitled to qualified immunity unless it was clearly established that the amount of force used was unlawful. See Goodman v.

Ronnie Jackson v. Jeff Gutzmer

866 F.3d 969 · Court of Appeals for the Eighth Circuit · Aug 10, 2017

This is an interlocutory appeal from the denial of qualified immunity, a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which … “The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.” Id. at 592.

97 Cal. Daily Op. Serv. 513, 97 Daily Journal D.A.R. 835 Mary Ann Carlo v. City of Chino, and Officer Hector Guerra

105 F.3d 493 · Court of Appeals for the Ninth Circuit · Jan 23, 1997

Further, the court held that even if such a right does exist, it was not clearly established when Carlo was arrested; and, therefore, Guerra was entitled to qualified immunity. … Qualified immunity asks what law was clearly established at the time the alleged violation occurred. In 1991, the Helms test was the clearly established law.

Brandon Tun v. Joselyn Whitticker and Judith Platz

398 F.3d 899 · Court of Appeals for the Seventh Circuit · Feb 16, 2005

Analysis of whether qualified immunity applies requires a two-step inquiry. … Phrasing it in qualified immunity terms, counsel at oral argument said that the school officials should have known that it is clearly established that they could not discipline Tun when there was no evidence of wrongdoing

Smith v. Four Corners Mental Health Center, Inc.

473 Utah Adv. Rep. 50 · Utah Supreme Court · May 13, 2003

For the Randalls to benefit from this prior decision granting immunity to DHS, they must clearly establish a relationship with DHS that legally qualifies them to receive the same treatment. 126 The Randalls argue that they … by the Randalls do not, however, clearly establish that they were employees of DHS rather than independent contractors.