Case law

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.

Grune v. Rodriguez

176 F.3d 27 · Court of Appeals for the Second Circuit · Apr 26, 1999

Defendants also argued that they were entitled to qualified immunity because they had not violated any "clearly established" rights of plaintiff. … DISCUSSION 14 Appellants argue on this appeal that they are immune from suit under the doctrine of qualified immunity because their actions did not "violate clearly established statutory or constitutional rights of which

Antoinette Wonsey v. City of Chicago

940 F.3d 394 · Court of Appeals for the Seventh Circuit · Oct 15, 2019

“Qualified immunity attaches when an official’s con- duct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have known.” Id. (citations omitted). … Wonsey offers no contrary argument, and she does not point to any violation of statutory or constitu- tional rights, much less clearly established ones. So qualified immunity cloaks defendants’ actions on June 9.

Harris v. Mississippi Valley State University

899 F. Supp. 1561 · District Court, N.D. Mississippi · Sep 22, 1995

In examining the individual Defendants’ claims of qualified immunity on summary judgment, the Court in this case must: first inquire whether [Plaintiff] has alleged the violation of a clearly established constitutional right … has not demonstrated that such a constitutional right was “clearly established” for the purpose of refuting Defendants’ qualified immunity defense. 20 When the affirmative defense of qualified immunity is raised, the Plaintiff

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 .

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.

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

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.

Kevin Richardson v. Donald Selsky, Clement Capuano, William Fenton, Bernard Lonczak

5 F.3d 616 · Court of Appeals for the Second Circuit · Sep 22, 1993

Public officials are entitled to qualified immunity from liability for civil damages so long as their conduct does not violate a clearly established statutory or constitutional right. See Harlow v. … In Rejecting the officer’s qualified immunity defense, we concluded that an “inmate’s right not to be adjudicated guilty without some evidence to support that finding was clearly established by 1988, when the hearing occurred

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.

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.

Goldwire v. City of Philadelphia

130 F. Supp. 3d 936 · District Court, E.D. Pennsylvania · Sep 11, 2015

An officer asserting an' entitlement to qualified immunity must claim that his conduct did not violate a clearly established constitutional right of which a reasonable officer would have known. Behrens v. … violated a constitutional right, and (2) whether the right was clearly established.

Medina v. City & County Denver

960 F.2d 1493 · Court of Appeals for the Tenth Circuit · Mar 31, 1992

We affirm summary judgment for the police officers based on qualified immunity. … established” when assessing claims of qualified immunity.

Clouser v. City of Thornton

676 F. Supp. 228 · District Court, D. Colorado · Dec 31, 1987

Under the doctrine of qualified immunity, “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … When the affirmative defense of qualified immunity is raised, the plaintiff has the burden of convincing the court that his federal constitutional or statutory rights were clearly established at the time of the questioned

Wesby v. District of Columbia

765 F.3d 13 · Court of Appeals for the D.C. Circuit · Sep 2, 2014

“An officer is entitled to qualified immunity, despite having engaged in constitutionally deficient conduct, if, in doing so, she did not violate ‘clearly established statutory or constitutional rights of which a reasonable … Because the common-law privilege Defendants invoke overlaps with but is harder to establish than qualified immunity, the Defendants’ argument on that score “fails for essentially the same reasons already set forth.”

Shoup v. Doyle

974 F. Supp. 2d 1058 · District Court, S.D. Ohio · Sep 24, 2013

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 … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) and stating that “once the [defendants] raise qualified immunity, Jackson must plead the violation of a clearly established constitutional right”)).

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

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.

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

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.