Case law

Spencer v. Pew

District Court, D. Arizona · Mar 11, 2021

Qualified Immunity 9 Government officials enjoy qualified immunity from civil damages unless their 10 conduct violates “clearly established statutory or constitutional rights … In deciding 12 if qualified immunity applies, a court must determine: (1) whether the facts alleged show 13 the defendant’s conduct violated a constitutional right; and (2) whether that right was 14 clearly established

Elder v. Holloway

874 F. Supp. 278 · District Court, D. Idaho · Jan 31, 1995

The Positions Taken by the Parties In support of his motion for summary judgment, Defendant Holloway essentially contends that he is entitled to qualified immunity based on the fact that: (1) the law was not so clearly established … Thus, in reconsidering the qualified immunity issue herein in light of Alr-Azzawy and all other relevant authority, this court finds that Defendant Holloway is entitled to qualified immunity because the law was not clearly

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 .

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.

Cofield v. Randolph County Commission

844 F. Supp. 1499 · District Court, M.D. Alabama · Jan 31, 1994

A state actor is entitled to qualified immunity from civil damages as long as the official could reasonably believe that his or her conduct did not violate a clearly established constitutional right. Harlow v. … Because qualified immunity is rarely established upon a motion to dismiss and because insufficient information is contained in the complaint to establish the affirmative defense of qualified immunity, the court finds that

Britt v. Garcia

457 F.3d 264 · Court of Appeals for the Second Circuit · Jul 25, 2006

Qualified Immunity Doctrine “The doctrine of qualified immunity offers protection for ‘government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly … subjected to such conduct was not clearly established at the time of the conduct, or that the appellants’ actions were objectively legally reasonable in light of the legal rules that were clearly established at the time

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.

Kollaritsch v. Mich. State Univ. Bd. of Trs.

298 F. Supp. 3d 1089 · District Court, W.D. Michigan · Nov 2, 2017

Defendant Maybank is not entitled to qualified immunity for the Equal Protection claim brought by Gross. Plaintiffs have established that the relevant rights were clearly established by 2012. … Because the law was clearly established at the time, Defendant Maybank's request for qualified immunity for the Equal Protection claim is denied.

Megatel Homes LLC v. City of Mansfield, Texas

District Court, N.D. Texas · Aug 6, 2025

The City’s assertion that the Sherman Act claims should be dismissed because it is entitled to state-action immunity is more than an affirmative defense. Like qualified immunity, where it’s available, see Stramaski v. … And, like qualified immunity, Parker immunity is not jurisdictional. See, e.g., Teladoc v. Tex. Med. Bd., 1-15-CV-343 RP, 2015 WL 8773509, at *6 (W.D. Tex.

Carmack v. Trombley

363 F. Supp. 2d 904 · District Court, E.D. Michigan · Mar 31, 2005

Fitzgerald, the Supreme Court held that “government officials performing discretionary functions” are entitled to a qualified immunity from “liability for civil damages insofar as their conduct does not violate clearly established … to qualified immunity.

Duran v. City of Douglas

904 F.2d 1372 · Court of Appeals for the Ninth Circuit · Jun 4, 1990

However, the Supreme Court has established a limited exception to this rule: “[A] district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ … The legal issues involved in that appeal — whether Aguilar violated clearly established constitutional protections — are identical to those governing the question of Aguilar’s qualified immunity.

Kulwicki v. Dawson

969 F.2d 1454 · Court of Appeals for the Third Circuit · Jul 2, 1992

As to the issue of media communication, however, we find that Loutzenhiser is entitled to qualified immunity because Kulwicki fails to allege a violation of clearly established federal law. … issue as to defendant’s commission of acts in violation of plaintiffs clearly established rights.

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.

Cullen v. Mattaliano

690 F. Supp. 93 · District Court, D. Massachusetts · Jun 2, 1988

Defendants Mattaliano and MacDonald’s Claims of Qualified Immunity A. Qualified Immunity. … The Supreme Court devised an objective test for qualified immunity in Harlow v.

White v. Board of Trustees of the University of Alabama

31 F. Supp. 2d 953 · District Court, N.D. Alabama · Jan 15, 1999

Harbert has set forth a general principle of law, but we have held time and again that clearly established general principles of law will seldom if ever suffice to strip a defendant of qualified immunity. … qualified immunity.

Walsh v. Ward

757 F. Supp. 959 · District Court, C.D. Illinois · Mar 1, 1991

Qualified Immunity Defendants’ final argument in support of their motion to dismiss is that, to the extent they are sued in their individual capacities, they are immune from liability pursuant to the doctrine of qualified … In short, the “qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual

Anna Mustafa v. City of Chicago

442 F.3d 544 · Court of Appeals for the Seventh Circuit · Mar 23, 2006

The defendants were protected by qualified immunity. … Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate dearly established statutory or constitutional rights that a reasonable person would know

Cook v. City of Groton

952 F. Supp. 101 · District Court, D. Connecticut · Feb 6, 1997

A police officer is entitled to qualified immunity unless his conduct violated a right that was clearly established at the time. … Because the contours of the right on which the plaintiff relies were not clearly established at the pertinent time, the defendants are entitled to qualified immunity. 3.

Adrow v. Johnson

623 F. Supp. 1085 · District Court, N.D. Illinois · Dec 12, 1985

Qualified Immunity Defendants also argue that even if this search violated the fourth amendment, they are protected by the qualified immunity accorded to certain government officials and are therefore not liable for damages … (“One of the cases [establishing the applicable standard] was a case from this circuit. As the law was, therefore, established, the defendants were not entitled to immunity.” Id. (emphasis added)).

Cook v. BD. OF COUNTY COM'RS OF CTY. OF WYANDOTTE

966 F. Supp. 1049 · District Court, D. Kansas · May 29, 1997

The Court also finds that Officer Drake is not entitled to qualified immunity. … Qualified immunity would shield Officer Drake from suit for damages if a reasonable officer could have believed that plaintiffs arrest was lawful in light of clearly established. law and information which Officer Drake possessed