Case law

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.”

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.

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. .

Jack Frantz v. Village of Bradford, Shane Duffey

245 F.3d 869 · Court of Appeals for the Sixth Circuit · Apr 18, 2001

For the reasons set. forth below, we deny Duffey’s request for qualified immunity. … clearly established” and reasoned that “[t]he right must be asserted according to the Fourth Amendment because the Supreme Court, in Albright v.

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.

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

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

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.

Provencio v. Vazquez

258 F.R.D. 626 · District Court, E.D. California · Jul 29, 2009

immunity because the violation was not “clearly established.” cf. … Turning to the two factors for qualified immunity identified in Saucier the court on this issue will first inquire into whether the right was “clearly established.”

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.

Conde v. City of Atl. City

293 F. Supp. 3d 493 · District Court, D. New Jersey · Dec 5, 2017

The doctrine of qualified immunity provides that "government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Proceeding with the qualified immunity analysis regarding Officer Smith's use of deadly force, the Court finds that Mack's right to be free from excessive, deadly force was clearly established on the night of the shooting

Borucki v. Ryan

658 F. Supp. 325 · District Court, D. Massachusetts · Aug 20, 1986

established and Ryan would be entitled to qualified immunity under Harlow v. … Moreover, this right was clearly established at the time of the alleged deprivation, so defendant Ryan may not successfully invoke qualified good faith immunity at this stage.

Barry Wion v. Janie Cockrell, Ann Byrom, J. Missildine, A.R. Massingil, and Kelli Ward

Texas Court of Appeals, 10th District (Waco) · Mar 30, 2011

Qualified Immunity Wion contends that the trial court erred when it found he failed to state material facts that would overcome the TDCJ employees’ qualified immunity defense. … legal rules that were "clearly established" at the time it was taken.

Loumiet v. United States of America

255 F. Supp. 3d 75 · District Court, District of Columbia · Jun 13, 2017

, and qualified immunity. 1. … basis of qualified immunity.

Berbick v. Precinct 42

977 F. Supp. 2d 268 · District Court, S.D. New York · Sep 27, 2013

Defendants Jordan and Bragg, however, must establish either the reasonableness of the search or qualified immunity. b. The Reasonableness of the Frisk Frisks are reasonable when necessary to protect officer safety. … Qualified Immunity Even without undisputed facts showing that the search was reasonable, Defendants would be entitled to summary judgment if the undisputed facts supported a qualified immunity defense.

Cavanagh v. Taranto

95 F. Supp. 3d 220 · District Court, D. Massachusetts · Mar 31, 2015

What an Objectively Reasonable Official Would Believe Under the Circumstances Although the right Cavanagh alleges is clearly established, to avoid qualified immunity the bounds and contours of a violation of that right must … suicide — “violated clearly established law.”

Treon v. Whipple

212 F. Supp. 2d 285 · District Court, D. Vermont · Jul 9, 2002

“Qualified immunity protects a government official from suit for any actions that did not violate a clearly established constitutional right and those actions as to which the official had an objectively reasonable good faith … “The first inquiry to be made concerning qualified immunity is whether the plaintiff has ‘allegefd] the violation of a clearly established constitutional right’.” Id. (citing Siegert v.

Clayton v. City of Kingston

44 F. Supp. 2d 177 · District Court, N.D. New York · Apr 23, 1999

Overcoming qualified immunity entails a two-part process: “First, a plaintiff must allege the violation of a clearly established constitutional or statutory right. … A defendant is entitled to qualified immunity on a motion to dismiss if the allegations of the complaint fail to “state a claim of violation of clearly established law.” See Connell v.

Duke Grider v. B. Bowling

785 F.3d 1248 · Court of Appeals for the Eighth Circuit · May 11, 2015

Officer Bowling is entitled to qualified immunity unless he violated Grider's "clearly established statutory or constitutional rights." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … It is "clearly established that an officer who fails to intervene to prevent the unconstitutional use of excessive force by another officer may be held liable for violating the Fourth Amendment." Nance v.