Case law

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.

Heller v. Fulare

371 F. Supp. 2d 743 · District Court, W.D. Pennsylvania · Mar 30, 2005

Therefore, on this issue, qualified immunity is denied. … As for the applicability of qualified immunity to the remaining claims in Count II and the remaining Counts of the Complaint, the Court denies qualified immunity without prejudice to raise this immunity within a second motion

Badder v. Schmidt

50 F. Supp. 3d 902 · District Court, E.D. Michigan · Oct 7, 2014

with qualified immunity. … “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232 , 129 S.Ct. at 816 .

Marshall v. Montaplast of N. Am., Inc.

575 S.W.3d 650 · Missouri Court of Appeals · Jun 13, 2019

This Court held that the rule prohibiting noncompete agreements qualified as such. Id. … Immunity is a shield. It frees a party from the burden of litigation. It does not create a sword or a right to engage in an act.

The Schatz Family v. Gierer

399 F. Supp. 2d 973 · District Court, E.D. Missouri · Mar 24, 2004

the motions to dismiss on qualified immunity grounds. … In short, even if the plaintiffs' could be said to have stated a violation of their constitutional rights, the Court finds that the defendants are entitled to qualified immunity because the right was not clearly established

Bozeman v. Orum

199 F. Supp. 2d 1216 · District Court, M.D. Alabama · Apr 12, 2002

To resolve the qualified-immunity question, therefore, a determination as to whether this incident implicates a clearly established constitutional right must be made. … Without clearly established law to guide the officer’s actions, qualified immunity applies. Summary judgment is due on the fourth-amendment excessive-force claim against the officers. 3.

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 .

Romero v. City of Clanton

220 F. Supp. 2d 1313 · District Court, M.D. Alabama · Sep 11, 2002

When qualified immunity is asserted as a defense, a court must first determine whether the violation of a constitutional right is asserted, then determine whether that right was clearly established. See Wilson v. … is clearly established.

Cora Arrington v. William McDonald Robert Nill

808 F.2d 466 · Court of Appeals for the Sixth Circuit · Dec 30, 1986

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), a defendant may establish an entitlement to qualified immunity by “proving either that the law was not clearly established at the time of plaintiff’s alleged … injury, or, if the law was clearly established, that he neither knew or should have known of the relevant standard due to extraordinary circumstances.”

Kesterson v. Kent State Univ.

345 F. Supp. 3d 855 · District Court, N.D. Ohio · Nov 5, 2018

The qualified immunity doctrine shields government officials performing discretionary actions from civil damages liability if their actions did not violate clearly established statutory or constitutional rights of which a … Nonetheless, Linder is still entitled to qualified immunity for this claim if the constitutional rights implicated were not clearly established.

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.

Hudson v. Hudson

475 F.3d 741 · Court of Appeals for the Sixth Circuit · Jan 26, 2007

Page 3 liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Katz, 533 U.S. 194, 200 (2001), to decide first whether the defendant’s conduct violated a federal right held by the plaintiff, id., and second whether that right was clearly established at the time of the violation.

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.

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.

Rodriguez v. WOLBACH

499 F. Supp. 2d 479 · District Court, S.D. New York · Jun 27, 2007

However, if a constitutional violation is *488 proven, “the next ... step is to ask whether the right was clearly established.” 92 Qualified immunity applies unless the official’s conduct violated a clearly established constitutional … his conduct was unlawful.’ ” 115 If an official’s conduct did not violate clearly established law, that official is entitled to qualified immunity.

Citrano v. Allen Correctional Center

891 F. Supp. 312 · District Court, W.D. Louisiana · Jun 14, 1995

Nor does it follow that the Court intended to establish a bright line rule that private parties can never be shielded by qualified immunity. … This immunity is only defeated if the official took the complained of action “with the mahcious intention to cause a deprivation of rights,” or the official violated clearly established statutory or constitutional rights

Carswell v. Borough Of Homestead

381 F.3d 235 · Court of Appeals for the Third Circuit · Aug 20, 2004

constitutional sense and the ruling on qualified immunity. … Saucier emphasized that the inquiry for qualified immunity eligibility is distinct from establishment of a constitutional violation of excessive force.

Johnson v. Morris

445 N.W.2d 563 · Court of Appeals of Minnesota · Oct 19, 1989

If the law allegedly violated is clearly established, the immunity defense ordinarily should fail, since reasonably competent public officials should know the law governing their conduct. Harlow v. … that were ‘clearly established’ at the time it was taken. * * * ” Id.

Spruytte v. Hoffner

197 F. Supp. 2d 931 · District Court, W.D. Michigan · Mar 30, 2001

The Sixth Circuit determined that the defendants were entitled to qualified immunity because the law concerning a prisoner’s retaliation claim was not “clearly established” for purposes of the qualified immunity defense prior … because the law was not clearly established.

West v. City of Parsons

983 F. Supp. 1027 · District Court, D. Kansas · Oct 31, 1997

Qualified Immunity Defendants Dunning, Gofourth, Rask, and Steenrod all claim qualified immunity as to plaintiffs Fourth Amendment claims resulting from the search of his apartment. … Further, Gofourth and Steenrod claim qualified immunity as to plaintiffs excessive force claims.