Case law

Jackson v. City Of Bremerton

268 F.3d 646 · Court of Appeals for the Ninth Circuit · Oct 5, 2001

The defense of qualified immunity, however, protects &#167 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … Creighton, 483 U.S. 635, 640 (1987). 12 In considering the merits of a qualified immunity defense in excessive force cases, courts previously considered whether the right was clearly established and, if so, whether, in light

Dobson v. Harris

352 N.C. 77 · Supreme Court of North Carolina · Jun 16, 2000

App. 660 , 233 S.E.2d 624 (1977) (summary judgment appropriately entered against the plaintiff where the defendant supported motion by establishing affirmative defense of qualified privilege, and the plaintiff, who thereafter … In her answer defendant Harris asserted the affirmative defense of “qualified immunity,” or, more precisely, a statutory, good-faith immunity based upon her compliance with N.C.G.S. §§ 7A-543 and -550.

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

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

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

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 .

Frohriep v. Flanagan

278 Mich. App. 665 · Michigan Court of Appeals · Apr 29, 2008

Lower level officers, *677 employees, and agents are extended only qualified immunity. This immunity exists when the individual is engaged in discretionary acts which are performed in good faith. … could establish the claim and justify recovery.”

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.

Carlin v. Manu

72 F. Supp. 2d 1177 · District Court, D. Oregon · Aug 19, 1999

established” one which would foreclose the defendants from qualified immunity. … “Qualified immunity is an affirmative defense; if the plaintiff proves that the right allegedly violated was clearly established, the burden shifts to the defendant official to prove that his or her conduct was reasonable

Keller v. Elyea

496 F. App'x 665 · Court of Appeals for the Seventh Circuit · Nov 21, 2012

Elyea was entitled to qualified immunity. He argues that he had a clearly established constitutional right to have his medical conditions addressed, and that his letters sufficed to establish Dr. … The district court indeed viewed this issue through too narrow a lens: there need not be a case “on all fours,” with identical facts, in order for a constitutional right to be clearly established for the purposes of qualified

Murphy v. New York Racing Ass'n, Inc.

76 F. Supp. 2d 489 · District Court, S.D. New York · Dec 6, 1999

qualified immunity. … Clearly Established Law Having determined that qualified immunity is generally available to the Board Defendants, it remains to determine whether their assertion of it satisfies the requirements set forth by the Supreme Court

Nesmith Through Nesmith v. Grimsley

702 F. Supp. 122 · District Court, D. South Carolina · Dec 7, 1988

Plaintiff objects to the finding of qualified immunity. … The United States Supreme Court established the test for qualified immunity in Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Brogdon v. City of New Rochelle

200 F. Supp. 2d 411 · District Court, S.D. New York · May 15, 2002

Furthermore, both Benge and Chiera are entitled to qualified immunity. … The Supreme Court has recently defined what it means for a law to be “clearly established” in the context of a qualified immunity defense: ‘Clearly established’ for purposes of qualified immunity means that ‘the contours

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.”

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.

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.

Sisneros v. Nix

884 F. Supp. 1313 · District Court, S.D. Iowa · Mar 6, 1995

QUALIFIED IMMUNITY A. … Delo, 999 F.2d 364, 366 (8th Cir. 1993) (first step in qualified immunity analysis was determination of whether conduct violated any clearly established right).

Zarate-Martinez v. Echemendia

299 Ga. 301 · Supreme Court of Georgia · Jul 5, 2016

(d) Special Privileges and Immunities: Pursuant to Ga. Const. of 1983 Art. I, § I, Par. … Jacobi was not qualified under the statute. This leaves only the two affidavits filed by Dr.

Salvador Reza v. Russell Pearce

Court of Appeals for the Ninth Circuit · Nov 19, 2015

PEARCE 3 Senator Pearce violated plaintiff’s clearly established First Amendment rights and that the district court erred by granting him qualified immunity on summary judgment. … To overcome Senator Pearce’s qualified immunity defense, Reza must establish both that Senator Pearce violated his First Amendment rights, and that this violation was of a “clearly established statutory or constitutional

David Gavitt v. Bruce Born

835 F.3d 623 · Court of Appeals for the Sixth Circuit · Sep 1, 2016

“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v. … To the extent due process could be deemed to include such an obligation, it is not yet a matter of clearly established law and defendants are entitled to qualified immunity.