Case law

Gorman v. Bartch

152 F.3d 907 · Court of Appeals for the Eighth Circuit · Aug 20, 1998

The defendants argue in response that their conduct did not violate clearly established rights under the statutes. 8 We review de novo the decision granting qualified immunity. Rowe v. … Id., 502 U.S. at 25-27 , 112 S.Ct. at 362. 20 The defense of qualified immunity gives government officials engaged in discretionary activities immunity from liability unless their conduct violates "clearly established statutory

Mitchell v. Rice

954 F.2d 187 · Court of Appeals for the Fourth Circuit · Jan 10, 1992

On the other hand, if the law was not so clearly established as to give notice to a reasonable prison official, we must permit appellants an immunity defense and dismiss this case against them. … Because the record in this case does not adequately address all the issues necessary to determine whether prison officials violated clearly established law, we cannot grant qualified immunity at this time.

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

Carr v. Tatangelo

156 F. Supp. 2d 1369 · District Court, M.D. Georgia · Jul 31, 2001

If there was no underlying constitutional violation, then Defendants are entitled to qualified immunity, regardless of whether the law was clearly established. See Hartley v. … Defendants argue that they are entitled to qualified immunity on this claim because they were unaware that Carr had been shot and because Carr has not shown that their conduct violated clearly established law.

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.

Parker v. Board of Regents of the Tulsa Junior College

981 F.2d 1159 · Court of Appeals for the Tenth Circuit · Dec 17, 1992

Once a defendant asserts qualified immunity, “[t]he plaintiff carries the burden of convincing the court that the law was clearly established.” … facts are in dispute which would defeat the claim of qualified immunity.

Alfred Garionis, Appellant/cross-Appellee v. Harriet Newton and Keith Barr, Appellees/cross-Appellants

827 F.2d 306 · Court of Appeals for the Eighth Circuit · Aug 21, 1987

Newton and Barr are entitled to qualified immunity unless their actions violated clearly established law. Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2818 , 86 L.Ed.2d 411 (1985); Harlow v. … It follows a fortiori that neither the *309 arrest nor the subsequent transfer of custody to Barr violated clearly established law.

Stewart v. City of Prairie Village

904 F. Supp. 2d 1143 · District Court, D. Kansas · Oct 17, 2012

immunity, Plaintiff must show that the right was clearly established. 23 The Court “cannot find qualified immunity wherever we have a new fact pattern.” 24 The Tenth Circuit has “shifted the qualified immunity analysis from … A plaintiff must show a violation of a clearly established constitutional right for each defendant in a § 1983 suit who claims qualified immunity; 47 § 1983 does not give a plaintiff a right of action against an individual

Cavanaugh v. Bartelt

178 F. Supp. 3d 819 · District Court, D. Nebraska · Apr 12, 2016

Qualified immunity shields public officials performing discretionary functions from liability for conduct that does not violate clearly established statutory or constitutional rights of which a reasonable person would have … In determining whether an official is entitled to qualified immunity, the Court asks (1) whether the facts alleged establish a violation of a constitutional or statutory right and (2) whether that right *833 was clearly established

Smith v. Blodgett

798 F. Supp. 637 · District Court, E.D. Washington · Sep 8, 1992

Defendant moved to dismiss this Complaint on the basis of qualified immunity, asserting that the law was not clearly established that Washington’s administrative segregation regulations created a liberty interest protected … The court did not reach the issue of qualified immunity.

Harris v. New York State Education Department

419 F. Supp. 2d 530 · District Court, S.D. New York · Mar 6, 2006

, as long as Congress’s intent to do so is expressed clearly and the state actually waives its immunity through an intentional relinquishment of a known right. … To establish a prima facie case of discrimination under § 504 of the Rehabilitation Act, Harris must show that (1) he has a disability for purposes of the Rehabilitation Act; (2) he is otherwise qualified for the benefit

Hora v. Risner

District Court, S.D. Ohio · May 24, 2021

immunity analysis is whether the law was clearly established. 2. … Clearly Established Law? In Plumhoff v.

Paul v. City of Rochester

452 F. Supp. 2d 223 · District Court, W.D. New York · Sep 21, 2006

City of Xenia, 417 F.3d 565 (6th Cir.2005) (defendant officer was entitled to qualified immunity because it had not been clearly established that tackling plaintiff under the circumstances constituted excessive force); Soares … The City did not raise qualified immunity as a basis for summary judgment. 8 .

Fisher v. City of Las Cruces

584 F.3d 888 · Court of Appeals for the Tenth Circuit · Oct 19, 2009

entitled to qualified immunity.” … Clearly Established Law The next question is whether the right at issue was clearly established at the time of the alleged unlawful incident.

Tolbert v. Queens College

164 F.3d 132 · Court of Appeals for the Second Circuit · Jan 15, 1999

the qualified immunity issue can[ ]not be resolved before trial. … the federal right allegedly infringed was “clearly established,” ....

Ecclesiastical Washington v. Larry Denney

900 F.3d 549 · Court of Appeals for the Eighth Circuit · Aug 13, 2018

The officials appeal, arguing that (1) Washington failed to offer sufficient evidence to prove that they violated his clearly established Eighth Amendment rights and, therefore, they are entitled to qualified immunity; and … Discussion The corrections officials appeal, arguing that (1) they are entitled to qualified immunity because Washington failed to offer sufficient evidence to prove that they violated his clearly established Eighth

Brockington v. Boykins

637 F.3d 503 · Court of Appeals for the Fourth Circuit · Mar 22, 2011

The court also denied Boykins’ motion to dismiss on the doctrine of qualified immunity in a one-sentence order that contained no reasoning. The denial of qualified immunity is an immediately appeal- able order. … "Qualified immunity shields government officials perform- ing discretionary functions from personal-capacity liability for civil damages under § 1983, insofar as their conduct does not violate clearly established statutory

Williams v. City of Montgomery

21 F. Supp. 2d 1360 · District Court, M.D. Alabama · Oct 16, 1998

However, the necessity for detailed pleadings is especially apparent in cases involving qualified immunity, where the court must determine whether an individual defendant’s actions violated a clearly established right. … Murphy is entitled to qualified immunity at the motion to dismiss stage if Plaintiffs complaint fails to allege a violation of a clearly established constitutional right. Santamorena v.

Thompson v. Penna. Parole Board Member Jefferson

544 F. Supp. 173 · District Court, E.D. Pennsylvania · Aug 4, 1982

The case was remanded to this court for further factual development to determine whether Jefferson was entitled to absolute or qualified immunity and, if Jefferson was entitled to qualified immunity, whether he could satisfy … The Court held that governmental officials are entitled to immunity so long as they “do not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Walker v. Prieto

414 F. Supp. 2d 1148 · District Court, S.D. Florida · Feb 3, 2006

Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”