Case law

King v. Jefferies

402 F. Supp. 2d 624 · District Court, M.D. North Carolina · Nov 25, 2005

clearly established answers. … “If the law did not put the officer on notice that his conduct would be clearly unlawful,” qualified immunity should be granted. Saucier, 533 U.S. at 202, 121 S.Ct. at 2156.

Young v. McKune

280 F. Supp. 2d 1250 · District Court, D. Kansas · Jul 30, 2003

Qualified immunity provides government officials immunity from suit as well as from liability for their discretionary acts. Mitchell v. … The Supreme Court has established a two-part approach to determine if qualified immunity applies.

Burgos-Yantin v. Municipality of Juana Díaz

669 F. Supp. 2d 191 · District Court, D. Puerto Rico · Nov 6, 2009

The qualified immunity doctrine shields government officials performing “discretionary functions from ... civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “[A] defendant who claims qualified immunity must do so either [1] on the theory that the asserted right is not clearly established or [2] on the theory that the conduct attributed to him satisfies the test of objective legal

Schulthies v. National Passenger Rr Corp.

650 F. Supp. 2d 994 · District Court, N.D. California · Aug 17, 2009

The defense 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 … A court considering a claim of qualified immunity must determine whether the plaintiff has alleged the deprivation of an actual constitutional right and whether such right was clearly established such that it would be clear

Munafo v. Metropolitan Transportation Authority

285 F.3d 201 · Court of Appeals for the Second Circuit · Mar 26, 2002

The employee’s right to be free from such retaliation has been clearly established since at least 1968. … Accordingly, this Court, in order to review the individual defendants’ contention that the district court’s ruling on this branch of their qualified immunity motions mistakenly identified clearly established law, must “undertake

Hufford v. McEnaney

249 F.3d 1142 · Court of Appeals for the Ninth Circuit · May 22, 2001

On interlocutory appeal from a denial of summary judgment on a claim of qualified immunity, we have jurisdiction over the purely legal question of whether Hufford has established a claim supported by clearly established law … Hufford, as the party seeking to deprive the defendants of qualified immunity, bears the burden of proving that the rights he claims were “clearly established” at the time they were allegedly violated.

Rose v. Town of Jackson's Gap

952 F. Supp. 757 · District Court, M.D. Alabama · Oct 2, 1996

Both Sanders and Parrish claim they are immune from suit under the well-established doctrine of qualified immunity. … a qualified immunity defense. 11 .

Edgerly v. City and County of San Francisco

495 F.3d 645 · Court of Appeals for the Ninth Circuit · Jul 17, 2007

clearly established. … Also, because no reasonable officer could have believed, in light of clearly established law, that the search as described by Edgerly was constitutional, the Officers are not entitled to qualified immunity for the search.

Myers v. City of Hermosa Beach

299 F. App'x 744 · Court of Appeals for the Ninth Circuit · Nov 7, 2008

If we find a violation of a constitutional right, we must then ask whether that right is clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. at 2156. … to qualified immunity as to Silva’s false arrest claim. 2 (3) Lewitt next argues that the district court erred when it denied qualified immunity on Silva’s excessive force claim against him.

Schulkers v. Kammer

367 F. Supp. 3d 626 · District Court, E.D. Kentucky · Feb 8, 2019

. ----, 137 S.Ct. 548 , 196 L.Ed.2d 463 (2017), the Court stated: Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, in Barber , the court addressed only the "clearly established" prong of the qualified immunity analysis and held that a child's Fourth Amendment right to avoid warrantless, in-school interviews conducted by social

Bessman v. Powell

991 F. Supp. 830 · District Court, S.D. Texas · Jan 20, 1998

established law for purposes of qualified immunity inquiries. … The Court notes that qualified immunity also acts to bar Plaintiffs Due Process claims because, as alleged, Plaintiffs Due Process claims are not clearly established.

Nathaniel Brent v. Wayne Cty. Dep't of Human Servs.

901 F.3d 656 · Court of Appeals for the Sixth Circuit · Aug 23, 2018

Thus, if Wenk violated plaintiffs’ clearly established constitutional rights when executing the removal order, she would not be entitled to qualified immunity from plaintiffs’ claims. See id. at 695. … We held that the social workers had not violated clearly established law “by exceeding the limited consent to search that [Brent] had given them,” and we thereby held that the social workers were entitled to qualified immunity

Sheets v. Butera

389 F.3d 772 · Court of Appeals for the Eighth Circuit · Nov 9, 2004

"If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity." Id. … As previously noted, before we determine whether the law was clearly established for purposes of qualified immunity, we first must determine whether the facts alleged show that the officers violated a constitutional right

Davis v. DiPino

99 Md. App. 282 · Court of Special Appeals of Maryland · Feb 23, 1994

Was Detective DiPino entitled to qualified immunity in the claim brought pursuant to 42 U.S.C. Sec. 1983 ? B. … The federal constitutional right that the plaintiff claims has been violated must have been “clearly established” at the time of the alleged violation.

Breuder v. Bd. of Trs. of Cmty. Coll. Dist. No. 502

888 F.3d 266 · Court of Appeals for the Seventh Circuit · Apr 17, 2018

Public officials are entitled to qualified immunity from damages under § 1983 unless they transgress clearly established law. See, e.g., Kisela v. … The members who refused even to listen to him violated his clearly established rights.

Williams v. City of Albany

936 F.2d 1256 · Court of Appeals for the Eleventh Circuit · Jul 30, 1991

Lack of good faith may be proved by showing that the public official’s actions violated clearly established constitutional law. Hudgins v. … Plaintiff has failed to make a showing, sufficient to overcome the claim of qualified immunity, that defendants’ actions were of the type that a reasonable police investigator would know violated the suspect’s clearly established

New York State National Organization for Women v. Cuomo

14 F. Supp. 2d 424 · District Court, S.D. New York · Jul 24, 1998

Although violation of state rules or regulations may inform the court’s analysis of a qualified immunity defense, the defense may only be defeated by the court’s determination that the official violated “clearly established … The court must look to Supreme Court and Second Circuit precedent in evaluating whether the law relevant to the constitutional issues raised here is “clearly established” for qualified immunity purposes. See Elder v.

E. Stephen Dean v. Thomas K. Byerley

354 F.3d 540 · Court of Appeals for the Sixth Circuit · Jan 8, 2004

Therefore, Dean has satisfied the second hurdle necessary to survive summary judgment based upon qualified immunity by showing that the constitutional right was clearly established. … qualified immunity. 14 *559 III.

Robin Akins v. Board of Governors of State Colleges and Universities, Defendants

840 F.2d 1371 · Court of Appeals for the Seventh Circuit · Apr 11, 1988

On the matter of immunity, the magistrate determined that the case law at that time did not clearly establish the substantive due process right to be free from arbitrary and capricious action on the part of university officials … established.

Robert W. Fowler v. Armond Cross, Commissioner of Florida Parole Board

635 F.2d 476 · Court of Appeals for the Fifth Circuit · Jan 27, 1981

Navarette, 434 U.S. at 562 , 98 S.Ct. at 859 , the Supreme Court said: 9 [T]he [qualified] immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established … The district court’s finding of qualified immunity is clearly erroneous and is reversed. III.