Case law

Brenes-Laroche v. Toledo Davila

682 F. Supp. 2d 179 · District Court, D. Puerto Rico · Jan 26, 2010

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … In conducting our qualified immunity analysis, we take the Plaintiffs facts as true for purposes of determining whether Defendants have violated his constitutional rights and whether the right at issue was clearly established

McClary v. Coughlin

87 F. Supp. 2d 205 · District Court, W.D. New York · Mar 14, 2000

Qualified Immunity: The defense of qualified immunity “shields government officials from liability for damages on account of their performance of discretionary functions ‘insofar as their conduct does not violate clearly … This Court does not believe the law of qualified immunity requires the wearing of such blinders. Precise “definitional specificity” has never been the determinant for “clearly established” legal rules.

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

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

William J. Benson v. William J. Scott and Herbert Caplan

734 F.2d 1181 · Court of Appeals for the Seventh Circuit · Jul 2, 1984

the state, violated clearly established procedures of which a reasonable person should have been aware. … As we noted above, Harlow dictates that a claim of qualified immunity by an executive official must be sustained if the official’s conduct “does not violate clearly established statutory or constitutional rights of which

Carr v. Tatangelo

338 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Jul 23, 2003

Under 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 or constitutional … and, if so, whether they had “fair warning” under clearly established law that their conduct was unconstitutional.

McKenzie v. Thompson

240 F. Supp. 3d 1304 · District Court, N.D. Georgia · Feb 22, 2017

In this case, Defendant asserts that he is entitled to qualified immunity. … Generally, government officials have qualified immunity “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Brown v. Houston School District

704 So. 2d 1325 · Mississippi Supreme Court · Dec 18, 1997

Brown concedes that for a plaintiff to succeed in a § 1983 action, she must show the violation of a clearly established constitutional right under color of state law. She has not done so. … Qualified immunity, therefore, is not available as a defense. ¶ 22.

Meagen Brinegar v. C.O. Lumpbert individually and in his official capacitys

West Virginia Supreme Court · Jul 30, 2020

The circuit court granted WVRJCFA’s motion first, in part on the application of qualified immunity. Ms. … Therefore, we find no error in the circuit court’s application of qualified immunity. In her third assignment of error, Ms.

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 .

Scott v. Palmer

210 F. Supp. 3d 1303 · District Court, N.D. Alabama · Sep 27, 2016

was clearly established at the time of the alleged violation. … Regarding the second prong of the qualified immunity analysis, it is clearly established in the Eleventh Circuit that “gratuitous use of force when a criminal suspect is not resisting arrest constitutes excessive force.

John Coffin v. Stacy Brandau

642 F.3d 999 · Court of Appeals for the Eleventh Circuit · Jun 3, 2011

of qualified immunity. … qualified immunity.

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

Robert Trammell v. David Thompson

335 F. App'x 835 · Court of Appeals for the Eleventh Circuit · Jun 18, 2009

“Qualified immunity protects government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … claim of qualified immunity.

D. Scott Forrester, Conservator of the Estate of Jerry Bass Jerry Bass v. Mary Bass Tony Dixon, Kimberly Rosa Melissa Johnson

397 F.3d 1047 · Court of Appeals for the Eighth Circuit · Feb 7, 2005

Johnson and Rosa moved for summary judgment, arguing they are entitled to qualified immunity *1052 because Forrester cannot prove any violation of clearly established constitutional rights. … , For-rester has failed to allege a violation of a clearly established due process right, and Rosa and Johnson are entitled to qualified immunity.

Peterson v. Heymes

277 F. Supp. 3d 913 · District Court, W.D. Michigan · Sep 29, 2017

Qualified Immunity MSP Defendants argue they are entitled to qualified immunity. … Once the qualified immunity defense is raised, the plaintiff bears the burden of demonstrating both that the challenged conduct violates a constitutional or statutory right and that the right was so clearly established at

John Lauro, Jr. v. Michael Charles, the City of New York and the Police Department of the City of New York

219 F.3d 202 · Court of Appeals for the Second Circuit · Jul 28, 2000

But we also hold that, because the Fourth Amendment right at issue was not clearly established until today’s decision, the defendant police officer in this case is entitled to qualified immunity. … Accordingly, we hold that, because the unconstitutionality of the staged perp walk was, until today, not clearly established, Detective Charles is entitled to qualified immunity for his participation in the perp walk.

Blair v. City of Cleveland

148 F. Supp. 2d 919 · District Court, N.D. Ohio · Sep 8, 2000

is a public official asserting a qualified immunity defense. … However, assuming the officers succeed in their appeal of this court’s order, it could be determined that a reasonable officer would not have known that his actions violated a clearly-established right, and that the officers

Gremo v. Karlin

363 F. Supp. 2d 771 · District Court, E.D. Pennsylvania · Mar 1, 2005

Qualified Immunity All individual defendants assert the affirmative defense of qualified immunity as to the claims brought under 42 U.S.C. § 1983 . … Clearly Established Right Qualified immunity protects government officials from civil claims for damages unless there is a deprivation of an actual constitutional right and “that right was clearly established at the time

Stachel v. City of Cape Canaveral

51 F. Supp. 2d 1326 · District Court, M.D. Florida · Jun 22, 1999

Qualified immunity shields government officials performing discretionary functions from civil Lability where “ ‘them conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, even if this use of force was unnecessary, the defendants are entitled to qualified immunity unless it was clearly established that the amount of force used was unlawful. See Goodman v.