Case law

Grossman v. Richards

722 A.2d 371 · Supreme Judicial Court of Maine · Jan 13, 1999

P. 56(b) on the ground that no genuine issue of material fact existed and Grossman failed to establish the elements of his claims. … Madura, 474 A.2d 166 (Me.1984), can be read to suggest that only a qualified immunity was intended, it is incorrect.

Heyne v. Metropolitan Nashville Public Schools

655 F.3d 556 · Court of Appeals for the Sixth Circuit · Aug 26, 2011

right was clearly established.” … When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges violation of a clearly established constitutional right. See Hardy v.

Essalene Lambert v. City of Dumas

187 F.3d 931 · Court of Appeals for the Eighth Circuit · Aug 9, 1999

“Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which the reasonable person would have known.” Yowell v. … The Appellee alleges the violation of a clearly established constitutional right.

Aaron v. Shelley

624 F.3d 882 · Court of Appeals for the Eighth Circuit · Nov 12, 2010

An interlocutory order denying qualified immunity is immediately appealable “to the extent that it turns on an issue of law.” Mitchell v. Forsyth, 472 U.S. 511, 530 (1985). … As we see it, the most clearly established laws in sight are the well-settled summary judgment and qualified immunity principles violated by this contention. The appeal does not pass muster under Johnson v.

Mignon Marie Stone v. Richard Holzberger Richard A. Carpenter Richard Sizemore William Profitt Terry Payer

23 F.3d 408 · Court of Appeals for the Sixth Circuit · Jan 6, 1994

[or qualified immunity] turns, such that it cannot be determined before trial whether the defendants did acts that violate clearly established rights.... 37 Poe v. … Once a defendant pleads a defense of qualified immunity, "[o]n summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action

Candido v. Polymers, Inc.

166 Vt. 15 · Supreme Court of Vermont · Nov 8, 1996

Having found that Polymers qualifies as Candido’s employer under the statute, Polymers is immune from Candido’s attempted common-law negligence suit under the Act’s employer-immunity provision. 21 V.S.A. § 622. … Candido clearly accepted Polymers’s direction and control.

Britt v. Garcia

457 F.3d 264 · Court of Appeals for the Second Circuit · Jul 25, 2006

Qualified Immunity Doctrine “The doctrine of qualified immunity offers protection for ‘government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly … subjected to such conduct was not clearly established at the time of the conduct, or that the appellants’ actions were objectively legally reasonable in light of the legal rules that were clearly established at the time

Carrie Melear and Willie Stewart v. Wayne Spears, Etc., Ron Averitt, Etc.

862 F.2d 1177 · Court of Appeals for the Fifth Circuit · Jan 12, 1989

Qualified Immunity. Avirett argues that he is entitled to qualified immunity in his personal capacity regarding the claims of both Stewart and Melear. … of the legal rules that were ‘clearly established’ at the time it was taken.

Oliver v. Smith

290 Mich. App. 678 · Michigan Court of Appeals · Nov 23, 2010

The wrist and hand injury is not clearly attributable to defendant alone and instead may just as fairly be attributed to plaintiff. … The Odom Court stated that employees enjoy a qualified right to immunity if (1) the employee’s challenged acts were undertaken during the course of employment and the employee was acting, or reasonably believed he or she

Ziccardi v. Commonwealth

109 Pa. Commw. 628 · Commonwealth Court of Pennsylvania · Jun 8, 1987

Federal courts have applied only a qualified immunity on behalf of Commonwealth officials in section 1983 claims. … Specifically, under the United States Supreme Court’s pronouncement in Wood, the immunity defense would be unavailable to the secretary if the constitutional rights which he allegedly infringed were clearly established at

Gorman v. Mississippi

258 F. Supp. 3d 761 · District Court, N.D. Mississippi · Jul 11, 2017

right was ‘clearly established’ at the time of the challenged conduct.”’” … immunity; the law was clearly established that “no reasonable officer could .have thought that this amount of force was legal under the circumstances,” even though there was no case directly on point.

Garcia v. Webb County District Attorney

764 F. Supp. 457 · District Court, S.D. Texas · Apr 12, 1991

Thus absolute immunity is not a protection to Defendant Garcia in his role as an employer; at best, Defendant Garcia has only qualified immunity for his alleged misbehavior in the instant case. Qualified Immunity. … Defendant Garcia has not established entitlement to qualified immunity on Plaintiff’s First Amendment claim, and he does not have absolute immunity.

Patricia McCardle Plaintiff-Appellant-Cross-Appellee v. Jonathan Haddad, Defendant-Appellee-Cross-Appellant

131 F.3d 43 · Court of Appeals for the Second Circuit · Nov 21, 1997

Qualified Immunity Haddad’s “alternative! … Qualified immunity, which shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

State v. Jones

213 Neb. 1 · Nebraska Supreme Court · Dec 10, 1982

The court specifically found that the defendant’s immunized testimony established that, although the defendant in this case was not the actual killer in the Iowa case, “he was clearly liable, but for the State of Iowa’s grant … The court then held that the second clause of aggravating circumstance (l)(a) was clearly applicable beyond a reasonable doubt based upon the defendant’s previous involvement in the Iowa murder reflected by the immunized

Doe v. Aguilar

400 F. Supp. 2d 922 · District Court, W.D. Texas · Apr 4, 2005

As noted above, plaintiffs have the burden to show that qualified immunity is unavailable here and to do so plaintiffs must show that the right which they allege defendant violated was clearly established in December 2001 … City of Corinth, 135 F.3d 320 , 325 (5th Cir.1998): In reviewing a claim of qualified immunity, this Court must determine: ‘(1) whether the plaintiff has alleged a violation of a clearly established constitutional right;

Richard Lemarbe v. Jerome J. Wisneski, Sharon Fairbanks Dennis Straub

266 F.3d 429 · Court of Appeals for the Sixth Circuit · Sep 19, 2001

such violated right was clearly established. … Clearly Established Right We also conclude that Le-Marbe has successfully proven that the allegedly violated right was clearly established.

Patrizi v. Huff

821 F. Supp. 2d 926 · District Court, N.D. Ohio · Sep 26, 2011

The Right is Clearly Established The Court must next consider whether the officers are entitled to qualified immunity — whether the constitutional right at issue is clearly established. Saucier v. … In other words, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be protected by qualified immunity.

Cofield v. Randolph County Commission

844 F. Supp. 1499 · District Court, M.D. Alabama · Jan 31, 1994

A state actor is entitled to qualified immunity from civil damages as long as the official could reasonably believe that his or her conduct did not violate a clearly established constitutional right. Harlow v. … Because qualified immunity is rarely established upon a motion to dismiss and because insufficient information is contained in the complaint to establish the affirmative defense of qualified immunity, the court finds that

Brown v. City of Milwaukee

288 F. Supp. 2d 962 · District Court, E.D. Wisconsin · Oct 21, 2003

Qualified Immunity Defendants argue that even if Garcia violated plaintiffs Fourth Amendment rights, he is entitled to qualified immunity. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

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.”