Case law

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.

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.

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

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

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.

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.

Parker v. Gerrish

547 F.3d 1 · Court of Appeals for the First Circuit · Nov 5, 2008

Though the motion did not refer to "qualified immunity" or to "clearly established law," Gerrish contends he adequately raised that issue. … Gerrish did not refer to "clearly established law" and made no effort to address his argument to qualified immunity.

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

Johnson Ex Rel. Cano v. Holmes

377 F. Supp. 2d 1039 · District Court, D. New Mexico · Sep 30, 2004

Once a defendant raises the- qualified immunity defense, the plaintiff must “come forward with facts or allegations sufficient to show both that the defendant’s alleged conduct violated the law and that [the] law was clearly … If the plaintiff meets this two-part burden, the defendant “assumes the normal summary judgment burden of establishing that no material facts that would defeat his claim for qualified immunity remain in dispute.”

Jack Frantz v. Village of Bradford, Shane Duffey

245 F.3d 869 · Court of Appeals for the Sixth Circuit · Apr 18, 2001

For the reasons set. forth below, we deny Duffey’s request for qualified immunity. … clearly established” and reasoned that “[t]he right must be asserted according to the Fourth Amendment because the Supreme Court, in Albright v.

Wesley v. Don Stein Buick, Inc.

996 F. Supp. 1299 · District Court, D. Kansas · Feb 26, 1998

Government officials performing administrative or executive functions have qualified immunity from suit under civil rights statutes if “their conduct does not violate clearly established statutory or constitutional rights … “Once a defendant asserts qualified immunity, the plaintiff bears the burden of proving that the defendants violated a law that was clearly established.” Norton v.

Smith v. Four Corners Mental Health Center, Inc.

473 Utah Adv. Rep. 50 · Utah Supreme Court · May 13, 2003

For the Randalls to benefit from this prior decision granting immunity to DHS, they must clearly establish a relationship with DHS that legally qualifies them to receive the same treatment. 126 The Randalls argue that they … by the Randalls do not, however, clearly establish that they were employees of DHS rather than independent contractors.

Brandon Tun v. Joselyn Whitticker and Judith Platz

398 F.3d 899 · Court of Appeals for the Seventh Circuit · Feb 16, 2005

Analysis of whether qualified immunity applies requires a two-step inquiry. … Phrasing it in qualified immunity terms, counsel at oral argument said that the school officials should have known that it is clearly established that they could not discipline Tun when there was no evidence of wrongdoing

Provencio v. Vazquez

258 F.R.D. 626 · District Court, E.D. California · Jul 29, 2009

immunity because the violation was not “clearly established.” cf. … Turning to the two factors for qualified immunity identified in Saucier the court on this issue will first inquire into whether the right was “clearly established.”

Parsons v. McCann

138 F. Supp. 3d 1086 · District Court, D. Nebraska · Sep 30, 2015

R.Civ.P. 12(b)(6) and absolute immunity or, in the alternative, qualified immunity. a. … State officials enjoy qualified immunity from a § 1983 action if their conduct did not violaté “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Borucki v. Ryan

658 F. Supp. 325 · District Court, D. Massachusetts · Aug 20, 1986

established and Ryan would be entitled to qualified immunity under Harlow v. … Moreover, this right was clearly established at the time of the alleged deprivation, so defendant Ryan may not successfully invoke qualified good faith immunity at this stage.

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

Ronnie Jackson v. Jeff Gutzmer

866 F.3d 969 · Court of Appeals for the Eighth Circuit · Aug 10, 2017

This is an interlocutory appeal from the denial of qualified immunity, a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which … “The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.” Id. at 592.

Conde v. City of Atl. City

293 F. Supp. 3d 493 · District Court, D. New Jersey · Dec 5, 2017

The doctrine of qualified immunity provides that "government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Proceeding with the qualified immunity analysis regarding Officer Smith's use of deadly force, the Court finds that Mack's right to be free from excessive, deadly force was clearly established on the night of the shooting

Barry Wion v. Janie Cockrell, Ann Byrom, J. Missildine, A.R. Massingil, and Kelli Ward

Texas Court of Appeals, 10th District (Waco) · Mar 30, 2011

Qualified Immunity Wion contends that the trial court erred when it found he failed to state material facts that would overcome the TDCJ employees’ qualified immunity defense. … legal rules that were "clearly established" at the time it was taken.