Case law

Santiago v. Fields

170 F. Supp. 2d 453 · District Court, D. Delaware · Oct 17, 2001

Qualified Immunity Defendants contend that they cannot be held liable in their individual capacities under the doctrine of qualified immunity. … Also, at the time of the events at issue, plaintiffs Eighth Amendment right against excessive force was clearly established.

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.

Boyer v. Petersen

221 F. Supp. 3d 943 · District Court, W.D. Michigan · Oct 27, 2016

Legal Framework: 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 … Chief Campbell is entitled to qualified immunity. Chief Campbell, on the other hand, is entitled to qualified immunity.

Porter Ex Rel. LeBlanc v. Ascension Parish School Board

301 F. Supp. 2d 576 · District Court, M.D. Louisiana · Jan 21, 2004

Whether Conrad Braud is entitled to qualified immunity in his individual capacity Qualified-immunity protects officials from section 1983 liability provided their conduct does not violate clearly established statutory or … Thus, the Court finds that Braud is entitled to qualified immunity even if Adam’s rights were found to be clearly established. 126 2.

Matter of Public Law No. 154-1990

561 N.E.2d 791 · Indiana Supreme Court · Nov 2, 1990

The immunity provisions of the Attorney Trust Account Act clearly and literally attempt to exercise by limitation the attorney disciplinary function of the judicial department. … Apart from the attorney discipline immunity provisions, the Attorney Trust Account Act establishes a fund to receive proceeds from interest generated from attorney trust accounts and a board to establish procedures and oversee

Hodgson v. Mississippi Department of Corrections

963 F. Supp. 776 · District Court, E.D. Wisconsin · Apr 30, 1997

The Defendants, however, insist that this claim be dismissed on the ground that they are entitled to qualified immunity from suit. 13 Government officials may raise qualified immunity as an affirmative defense to actions … Once a defendant has raised a qualified immunity defense, the plaintiff bears the burden of demonstrating the violation of a clearly established right. See Kernats, 35 F.3d at 1176 (citing Rakovich, 850 F.2d at 1209 ).

Ratté v. Corrigan

989 F. Supp. 2d 550 · District Court, E.D. Michigan · Nov 26, 2013

Hartsfield is not entitled to qualified immunity Hartsfield contends that, to the extent she is not absolutely immune, she is entitled to qualified immunity. She is mistaken. … When government officials perform discretionary functions, they are immune from suit through qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Bird v. State Through Corbin

170 Ariz. 20 · Court of Appeals of Arizona · Nov 21, 1991

and (2) qualified immunity, which is available for nondiscretionary acts. … The licensing and regulation of any profession or occupation falls within the grant of absolute immunity, not qualified immunity.

Grant v. Davis

537 So. 2d 7 · Supreme Court of Alabama · Nov 23, 1988

This defendant's function clearly required due care rather than difficult decision making. On the other hand, we accepted the claim of immunity in Gill v. … The duty to inspect the roads is an affirmative duty but one that also involves a type of discretion giving rise to qualified 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

Mearday v. City of Chicago

196 F. Supp. 2d 700 · District Court, N.D. Illinois · Mar 28, 2002

Qualified Immunity Qualified immunity shields those government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … At the second step of the qualified immunity analysis, the burden of demonstrating a clearly established constitutional right lies with the plaintiff.

Calderón-Garnier v. Sánchez-Ramos

439 F. Supp. 2d 229 · District Court, D. Puerto Rico · Jun 12, 2006

Qualified Immunity The defendants argue that they are entitled to qualified immunity. … Government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights a reasonable person should have known of at the time of the conduct at issue.

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 .

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

Dempsey v. Denver Police Department

353 P.3d 928 · Colorado Court of Appeals · May 21, 2015

hazards" as "rain, fog, smoke, crowded traffic conditions, or many pedestrians crossing and re-crossing the roadway, perhaps unlawfully, after a parade, or the like," and noting that those kinds of conditions had not been established … zone from so qualifying.

Jones v. Lieber

579 F. Supp. 2d 175 · District Court, District of Columbia · Sep 30, 2008

By definition, qualified immunity is not absolute. … However, “[a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time

Elder v. Holloway

874 F. Supp. 278 · District Court, D. Idaho · Jan 31, 1995

The Positions Taken by the Parties In support of his motion for summary judgment, Defendant Holloway essentially contends that he is entitled to qualified immunity based on the fact that: (1) the law was not so clearly established … Thus, in reconsidering the qualified immunity issue herein in light of Alr-Azzawy and all other relevant authority, this court finds that Defendant Holloway is entitled to qualified immunity because the law was not clearly

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

Karl v. City of Mountlake Terrace

678 F.3d 1062 · Court of Appeals for the Ninth Circuit · May 8, 2012

Discussion The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their con- duct does not violate clearly established statutory or constitu- tional rights of which … We exercise our discretion to consider prong one of the qualified immunity analysis first.

Rodriguez-Oquendo v. Toledo-Davila

39 F. Supp. 2d 127 · District Court, D. Puerto Rico · Feb 23, 1999

Qualified immunity is an affirmative defense shielding public officials from civil damages so long as their conduct does not violate any clearly—established statutory or constitutional right of which a reasonable person would … Accordingly, we find that Defendant officers are not entitled to qualified immunity. C.