Case law

Keil v. Triveline

661 F.3d 981 · Court of Appeals for the Eighth Circuit · Nov 21, 2011

Qualified immunity shields public officials from civil lawsuits when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … To determine whether the agents are entitled to qualified immunity, we consider (1) whether the facts alleged, construed in the light most favorable to Keil, establish a violation of a constitutional or statutory right, and

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

State v. Jones

213 Neb. 1 · Nebraska Supreme Court · Dec 10, 1982

The court specifically found that the defendant’s immunized testimony established that, although the defendant in this case was not the actual killer in the Iowa case, “he was clearly liable, but for the State of Iowa’s grant … The court then held that the second clause of aggravating circumstance (l)(a) was clearly applicable beyond a reasonable doubt based upon the defendant’s previous involvement in the Iowa murder reflected by the immunized

Fletcher v. District of Columbia

481 F. Supp. 2d 156 · District Court, District of Columbia · Mar 26, 2007

Hence, the second step of the qualified immunity test — whether the constitutional right was clearly established — must be reached here. … The individual defendants are clearly entitled to qualified immunity here.

Patrizi v. Huff

821 F. Supp. 2d 926 · District Court, N.D. Ohio · Sep 26, 2011

The Right is Clearly Established The Court must next consider whether the officers are entitled to qualified immunity — whether the constitutional right at issue is clearly established. Saucier v. … In other words, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be protected by qualified immunity.

Alberto F. Morales v. James Haynes and Virginia Perez, Revenue Officers of Irs

890 F.2d 708 · Court of Appeals for the Fifth Circuit · Nov 9, 1989

We hold that the plaintiffs have not shown that the defendants violated any “clearly established” right and that the defendants are entitled to the defense of qualified immunity. We therefore reverse. … established” as to deprive the defendant of his qualified immunity. 702 F.2d at 584 .

Rivera-Ramos v. Roman

156 F.3d 276 · Court of Appeals for the First Circuit · Sep 29, 1998

Qualified immunity shields state officials from civil damage liability under section 1983, insofar as their conduct does not idolate “clearly established” rights of which “a reasonable person would have known” at the time … In sum, we conclude that the district court’s denial of qualified immunity rested upon a mistakenly abstract view of what is clearly established law and that the case must be remanded for further consideration of the qualified

Estate of Davis Ex Rel. McCully v. City of North Richland Hills

406 F.3d 375 · Court of Appeals for the Fifth Circuit · Apr 11, 2005

from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”17 Qualified immunity is … violated clearly established law.

David Kenyon v. Clayton Edwards

462 F.3d 802 · Court of Appeals for the Eighth Circuit · Sep 7, 2006

We find that Edwards is entitled to summary judgment based on qualified immunity. A. The Qualified Immunity Analysis Saucier provides the marching orders for courts considering qualified immunity claims. … If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.

Gauthier v. Town of Dracut

19 Mass. L. Rptr. 579 · Massachusetts Superior Court · Jun 27, 2005

Qualified Immunity The defendants claim as an affirmative defense that Shaw and Piendak are entitled to summary judgment under the doctrine of qualified immunity. … , those rights were clearly established.

Alan Baynes v. Brandon Cleland

Court of Appeals for the Sixth Circuit · Aug 24, 2015

Clearly Established Although the district court agreed that Baynes established the first prong of the qualified immunity analysis, it ultimately found that Baynes’ claim could not survive summary judgment because … This right was ‘clearly established’ for qualified immunity purposes at the time of Amanda’s seizure on October 30, 2002.”)

Eyring v. Fort Sanders Parkwest Medical Center, Inc.

991 S.W.2d 230 · Tennessee Supreme Court · Apr 19, 1999

Eyring argues the lower courts erred in applying the Peer Review Law to grant Parkwest qualified immunity from liability for damages because the plain language of the statute provides no explicit immunity to “hospitals, … Section -219(c)(1) grants qualified immunity to “institutions . . . and associated committees as identified in subsection (b).” Id.

David K. Huskey v. City of San Jose Joan Gallo George Rios Ralph Greene

204 F.3d 893 · Court of Appeals for the Ninth Circuit · Feb 24, 2000

immunity because the right violated was clearly established at the time of the violation. … immunity because those rights were not clearly established.

Kathleen Benison v. George Ross

765 F.3d 649 · Court of Appeals for the Sixth Circuit · Sep 3, 2014

qualified immunity because those rights were not clearly established at the time the lawsuit was filed. 3 Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not … Therefore, if a defendant asserts qualified immunity, the plaintiff bears the burden of showing: (1) “a violation of a constitutional right” and (2) that “the right at issue was ‘clearly established’ at the time of [the]

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.

Johnson v. Utah Department of Transportation

547 Utah Adv. Rep. 7 · Utah Supreme Court · Mar 10, 2006

However, discretionary immunity clearly was not designed to cloak the ancient doctrine of sovereign immunity in modern garb.”). … Rather, we reaffirm prior case law that such studies substantially help the government establish that immunity is warranted under the discretionary function exception.

Washington v. Fenty

611 F. Supp. 2d 45 · District Court, District of Columbia · Apr 29, 2009

were violated were not clearly established. … A defense of qualified immunity fails only if the officer has violated a clearly established constitutional right. See Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

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

Porter Ex Rel. LeBlanc v. Ascension Parish School Board

301 F. Supp. 2d 576 · District Court, M.D. Louisiana · Jan 21, 2004

Whether Conrad Braud is entitled to qualified immunity in his individual capacity Qualified-immunity protects officials from section 1983 liability provided their conduct does not violate clearly established statutory or … Thus, the Court finds that Braud is entitled to qualified immunity even if Adam’s rights were found to be clearly established. 126 2.

Simmons v. Fabian

743 N.W.2d 281 · Court of Appeals of Minnesota · Dec 31, 2007

Qualified immunity, the most common variety, protects officials so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … By focusing on “the objective reasonableness of an official’s conduct, as measured by reference to clearly established law,” the test for qualified immunity is intended both to avoid excessively disrupting government functioning