Case law

Hernandez v. Causey

District Court, S.D. Mississippi · May 4, 2021

CAUSEY’S MOTION FOR SUMMARY JUDGMENT In his Motion for Summary Judgment based on qualified immunity, Causey argues there is no evidence that he violated a clearly established right when he … right and 2) whether the right was clearly established.

Swenson v. Culberson County

925 F. Supp. 478 · District Court, W.D. Texas · Apr 23, 1996

Qualified Immunity Once a prima facie case under Section 1983 is established, the question becomes whether a defendant is entitled to some kind of defense against or immunity from damages liability. … a qualified immunity defense to police officers.

Ashfaq v. Anderson

603 F. Supp. 2d 936 · District Court, N.D. Texas · Mar 16, 2009

Anderson’s Motion to Dismiss (doc. 10), on the basis of qualified immunity. … Ashfaq has failed to allege a deprivation of a clearly established constitutional right, Dr. Anderson is entitled to qualified immunity. Accordingly, Dr. Ashfaq’s § 1983 claim should be and hereby is DISMISSED.

Eileen McAfee v. Christine Boczar

738 F.3d 81 · Court of Appeals for the Fourth Circuit · Dec 12, 2013

Qualified immunity serves to protect a government official from liability for civil damages unless the facts alleged show a violation of a clearly established constitutional right … And this constitutional right is clearly established. See Miller v.

Radecki v. Barela

146 F.3d 1227 · Court of Appeals for the Tenth Circuit · Jun 24, 1998

Qualified immunity protects government officials from individual liability in a section 1983 action unless the officials violated clearly established constitutional rights. See Harlow v. … City and County of Denver, 960 F.2d 1493 (10th Cir. 1992), clearly established that Deputy Barela’s conduct was unconstitutional. Thus, the district court again denied qualified immunity to Deputy Barela.

Monks v. Marlinga

732 F. Supp. 749 · District Court, E.D. Michigan · Feb 14, 1990

Thus, neither is dispositive of the current qualified immunity issue. … in fact is not clearly established today.

Garcia Ex Rel. Merino v. Brown

442 F. Supp. 2d 132 · District Court, S.D. New York · Aug 2, 2006

“The doctrine of qualified immunity shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively … The Circuit concluded, however, that this type of implicit liability was not so clearly established as to bar dismissal on the ground of qualified immunity. Pena, 432 F.3d at 114-15 . 3 .

Jacob v. Township of West Bloomfield

531 F.3d 385 · Court of Appeals for the Sixth Circuit · Jul 3, 2008

This second prong of the qualified immunity test clearly weighs in Plaintiffs favor. … claim of qualified immunity.

Hamrick v. City of Eustace

732 F. Supp. 1390 · District Court, E.D. Texas · Mar 19, 1990

Those Courts go on to reason that if the law which the defendant is alleged to have violated is clearly established, then the qualified immunity defense must fail. Id. … If the law is not clearly established, the defendant is immune. Id.

Hamilton v. Leavy

322 F.3d 776 · Court of Appeals for the Third Circuit · Feb 28, 2003

Turning to the second prong of the qualified immunity defense, the District Court held that "Hamilton’s right to be protected from known risks was clearly established in August 5, 1992." … As we have previously explained, however, "to defeat qualified immunity it is not sufficient that the right at issue be clearly established as a general matter.

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.

Catrina Johnson v. City of Minneapolis

901 F.3d 963 · Court of Appeals for the Eighth Circuit · Aug 24, 2018

We first turn to the question of qualified immunity. … -11- so the district court did not address the clearly established prong of the qualified immunity test.

Walton v. NM State Land Office

821 F.3d 1204 · Court of Appeals for the Tenth Circuit · Apr 19, 2016

Powell submits that his actions weren’t clearly forbidden by existing law at the time he took them so he’s entitled to qualified immunity. … Powell rightly notes that, to avoid a qualified immunity defense, a plaintiff must show not only that her federal constitutional or statutory rights were violated but also that they were so “clearly established” at the

HASSUNEH v. City of Minneapolis

560 F. Supp. 2d 764 · District Court, D. Minnesota · May 29, 2008

Here, Defendants assert that they are entitled to qualified immunity on Plaintiffs’ § 1983 claims. Qualified immunity shields government officials as well as private individuals from civil liability under § 1983. … Second, the alleged right must be clearly established. Id.

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

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.

Binkowski v. Family & Children's Services Agency

39 F. Supp. 2d 882 · District Court, W.D. Michigan · Dec 3, 1998

It is not enough for a plaintiff to allege that the right to due process of law is “clearly established” under the Fourteenth Amendment. … However, qualified immunity applies only to individuals, not government entities. See, e.g., Leatherman v.

Roy George, Shirley George and Sherrod Fitts v. City of St. Louis, Robert Scheetz, Albert Upchurch and Brian Gilmore

26 F.3d 55 · Court of Appeals for the Eighth Circuit · Jun 6, 1994

In other words, to decide whether an official is entitled to qualified immunity, “a court must determine whether the official’s action was objectively legally reasonable in light of the legal rules that were clearly established … to qualified immunity and the district court properly granted summary judgment in favor of the Defendants.

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.