Case law

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.

Ashfaq v. Anderson

603 F. Supp. 2d 936 · District Court, N.D. Texas · Mar 16, 2009

Anderson’s Motion to Dismiss (doc. 10), on the basis of qualified immunity. … Ashfaq has failed to allege a deprivation of a clearly established constitutional right, Dr. Anderson is entitled to qualified immunity. Accordingly, Dr. Ashfaq’s § 1983 claim should be and hereby is DISMISSED.

Berbick v. Precinct 42

977 F. Supp. 2d 268 · District Court, S.D. New York · Sep 27, 2013

Defendants Jordan and Bragg, however, must establish either the reasonableness of the search or qualified immunity. b. The Reasonableness of the Frisk Frisks are reasonable when necessary to protect officer safety. … Qualified Immunity Even without undisputed facts showing that the search was reasonable, Defendants would be entitled to summary judgment if the undisputed facts supported a qualified immunity defense.

Smith v. Lejeune

203 F. Supp. 2d 1260 · District Court, D. Wyoming · May 17, 2002

If the plaintiff establishes a violation of a constitutional or statutory right, he must then demonstrate that the right at issue was clearly established at the time of the defendant’s unlawful conduct. … , the defendants are entitled to qualified immunity.

Treon v. Whipple

212 F. Supp. 2d 285 · District Court, D. Vermont · Jul 9, 2002

“Qualified immunity protects a government official from suit for any actions that did not violate a clearly established constitutional right and those actions as to which the official had an objectively reasonable good faith … “The first inquiry to be made concerning qualified immunity is whether the plaintiff has ‘allegefd] the violation of a clearly established constitutional right’.” Id. (citing Siegert v.

Ottman v. City Of Independence

341 F.3d 751 · Court of Appeals for the Eighth Circuit · Oct 1, 2003

We review de novo a denial of qualified immunity. Holloway v. … Reeves, 277 F.3d 1035 , 1037 (8th Cir.2002). 13 Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional

Moodian v. County of Alameda Social Services Agency

206 F. Supp. 2d 1030 · District Court, N.D. California · Jun 3, 2002

Alternatively, defendants contend that even if plaintiffs’ constitutional rights were violated, those rights were not clearly established at the time of the removal and therefore Black is entitled to qualified immunity. … Qualified immunity protects an official from liability if “(1) the law governing the official’s conduct was clearly established; and (2) under that law, the official objectively could have believed that her conduct was lawful

Curtis v. Breathitt Cnty. Fiscal Court

288 F. Supp. 3d 789 · District Court, E.D. Kentucky · Jan 22, 2018

Qualified Immunity for Stevens and Smith "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 … Therefore, Stevens is entitled to qualified immunity on all of Curtis's state law claims. 4.

Kennedy v. Osmanski, III

District Court, D. Massachusetts · Nov 30, 2022

Moreno, 919 F.3d 582, 600-01 (1st Cir. 2019) (holding that FBI agents were not entitled to qualified immunity in a Bivens action arising from a warrantless search of plaintiff’s home in … Moreover, First Circuit precedent establishes the viability of Bivens claims in the aftermath of an unreasonable search during a routine law enforcement investigation. See DeMayo v.

Lee-Walker v. New York City Department of Education

712 F. App'x 43 · Court of Appeals for the Second Circuit · Oct 17, 2017

We conclude that the individual defendants are entitled to qualified immunity because their alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … For these reasons we agree with the District Court’s dismissal of the claim against the individual- defendants on qualified immunity grounds.

Cotnoir v. University of Maine Systems

35 F.3d 6 · Court of Appeals for the First Circuit · Sep 13, 1994

" with the qualified immunity issue. … Qualified Immunity Qualified immunity shields government officials performing discretionary functions from civil damages "insofar as their conduct does not violate clearly established statutory or

Demilo-Fytros v. City of Mount Vernon

993 F. Supp. 221 · District Court, S.D. New York · Feb 18, 1998

INDIVIDUAL DEFENDANTS The doctrine of qualified immunity entitles public officers to be shielded from liability for damages unless their conduct violates clearly established constitutional rights of which a reasonable person … the current record that they are entitled to qualified immunity.

Peters v. City of Buffalo

848 F. Supp. 2d 378 · District Court, W.D. New York · Jan 30, 2012

Qualified Immunity Having found that Clark and Marusak are not entitled to absolute immunity, dismissal may nevertheless be proper if their actions are entitled to qualified immunity. … Officials are protected from § 1983 liability by qualified immunity if their actions (1) did not violate clearly established law or (2) were objectively reasonable. See Warren v. Keane, 196 F.3d 330 , 332 (2d Cir.1999).

Herrera v. Davila

272 F. Supp. 2d 154 · District Court, D. Puerto Rico · Jul 17, 2003

Id. 1) Qualified Immunity and Indifference to Medical Needs Qualified immunity shields officials from having to pay for damages resulting from violations of § 1983 provided “their conduct does not violate clearly established … it occurred, transgressed a clearly established right.”

Hicks v. City of Watonga

942 F.2d 737 · Court of Appeals for the Tenth Circuit · Aug 19, 1991

QUALIFIED IMMUNITY We review the denial of a qualified immunity claim de novo. McEvoy, 882 F.2d at 465 . … The appellants are entitled to qualified immunity on the property interest claim unless they violated Mr. Hicks’ clearly established right. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Eugene De Boise, Sr. v. St. Louis County, Missouri

760 F.3d 892 · Court of Appeals for the Eighth Circuit · Jul 28, 2014

Louis County, Missouri. 1 Officers Lively and Percich moved for summary judgment on the basis of qualified immunity, and St. … “Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known

LoSacco v. City of Middletown

822 F. Supp. 870 · District Court, D. Connecticut · Feb 22, 1993

First, the motion seeks summary judgment on the issue of qualified immunity. … In this case, the defendants have raised the defense of qualified immunity.

Heyne v. Metropolitan Nashville Public Schools

655 F.3d 556 · Court of Appeals for the Sixth Circuit · Aug 26, 2011

right was clearly established.” … When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges violation of a clearly established constitutional right. See Hardy v.

Jane Doe v. Francis D. Phillips, Ii, Gerald D. D'amelia, Jr.

81 F.3d 1204 · Court of Appeals for the Second Circuit · Apr 22, 1996

Qualified Immunity In support of his defense of qualified immunity, D’Amelia argues, inter alia, that he did not violate any clearly established constitutional rights because he and his colleagues knew of no ease holding … Government officials may enjoy a privilege of qualified immunity from liability for damages arising out of their performance of discretionary official functions so long as their conduct “does not violate clearly established