Case law

Theadore Black v. Thomas A. Coughlin III

76 F.3d 72 · Court of Appeals for the Second Circuit · Feb 9, 1996

immunity a “defendant must establish that he had an objectively reasonable belief that his act violated no clearly established rights,” id. at 54 ), cert. denied, — U.S. -, 115 S.Ct. 1837 , 131 L.Ed.2d 756 (1995); Walker … Moreover, to the extent that Black claims that Ryan was biased against him, it is not a given that Ryan would be entitled to qualified immunity as a matter of law, for it has long been clearly established that an inmate subject

Richardson v. Nassau County Medical Center

840 F. Supp. 219 · District Court, E.D. New York · Jan 7, 1994

Qualified immunity shields a government official from liability in a civil action if the official’s “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Whether the government official can benefit from qualified immunity “turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was

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.

Hurt v. Parker

462 S.W.3d 403 · Court of Appeals of Kentucky · May 1, 2015

established priorities and needs.” … Thus, the principal was entitled to qualified immunity.

Margarito Salmon, Magdalena Salmon, Individually and as Next Friend for Margarito Salmon, Jr. v. Martin R. Schwarz and Arturo A. Gonzalez

948 F.2d 1131 · Court of Appeals for the Tenth Circuit · Oct 31, 1991

In Morfin , a qualified immunity case, the court was asked to decide for the first time whether the plaintiffs, teachers, had a clearly established right in 1985 to associate with a labor union other than their exclusive … deciding whether or not a right was clearly established.”

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.

Calderón-Garnier v. Sánchez-Ramos

439 F. Supp. 2d 229 · District Court, D. Puerto Rico · Jun 12, 2006

Qualified Immunity The defendants argue that they are entitled to qualified immunity. … Government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights a reasonable person should have known of at the time of the conduct at issue.

Robinson v. White County

452 F.3d 706 · Court of Appeals for the Eighth Circuit · Jul 3, 2006

. ___, 126 S.Ct. 1338 , 164 L.Ed.2d 53 (2006), the test for qualified immunity is: 10 Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly … If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine whether the right was clearly established.

Cillo v. City of Greenwood Village

739 F.3d 451 · Court of Appeals for the Tenth Circuit · Dec 31, 2013

“‘The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.’” Gann v. … Clearly established right We also hold that the individual defendants are not entitled to summary judgment based on the second requirement for § 1983 qualified immunity because Sgt.

Mangino v. Incorporated Village of Patchogue

808 F.3d 951 · Court of Appeals for the Second Circuit · Dec 22, 2015

‐ immunity  grounds  because,  at  the  time  of  the  alleged  conduct,  although there was a clearly established right to be free from abuse  of  process  under  New  York  law,  there  was  no  clearly  established  right … We  need  not,  and  do  not,  resolve  this  confusion  here,  as  its  very  existence  establishes  that  Nudo  is  entitled  to  qualified  immunity.8  “[T]he  qualified  immunity  defense . . . provides  ample  protection

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.

Leang v. Jersey City Bd. of Educ.

399 N.J. Super. 329 · New Jersey Superior Court Appellate Division · Apr 2, 2008

She reiterated her conclusion that they were entitled to a qualified immunity as state actors. … Thus, the motion judge erred in granting the JCMC a qualified immunity under N.J.S.A. 30:4-27.7 and the summary judgment as to the JCMC on the ground of a qualified immunity is reversed. IX.

Teresa Graham v. Shannon Barnette

970 F.3d 1075 · Court of Appeals for the Eighth Circuit · Aug 17, 2020

The officers respond that probable cause is not the correct standard and that, even if it was, the standard was not clearly established, meaning they are entitled to qualified immunity. … immunity because the right at issue was not clearly established.

Galloway v. City of Abbeville

871 F. Supp. 2d 1298 · District Court, M.D. Alabama · Jul 2, 2012

Qualified immunity on Galloway’s unlawful arrest claim (Count B) Duhaime also invokes the qualified immunity doctrine to shield him from Galloway’s Fourth Amendment unlawful arrest claim. … Historically the Supreme Court required lower courts to decide the constitutional issue before inquiring into whether the claimed right was clearly established. See, e.g., Scott v.

Hodgson v. Mississippi Department of Corrections

963 F. Supp. 776 · District Court, E.D. Wisconsin · Apr 30, 1997

The Defendants, however, insist that this claim be dismissed on the ground that they are entitled to qualified immunity from suit. 13 Government officials may raise qualified immunity as an affirmative defense to actions … Once a defendant has raised a qualified immunity defense, the plaintiff bears the burden of demonstrating the violation of a clearly established right. See Kernats, 35 F.3d at 1176 (citing Rakovich, 850 F.2d at 1209 ).

Smith v. College of the Mainland

63 F. Supp. 3d 712 · District Court, S.D. Texas · Oct 30, 2014

“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 rights of which a reasonable person … In other words, for purposes of qualified immunity, the illegality of First Amendment retaliation is clearly established when the officials “do not have any relevant, legitimate interests to put on their side of the Pickering

Johnson v. Clifton

74 F.3d 1087 · Court of Appeals for the Eleventh Circuit · Jan 26, 1996

A public official may immediately appeal a denial of qualified immunity where the disputed issue involves whether or not the defendant's conduct constitutes a violation of clearly established law. … clearly established law.

Ennis v. Lott

589 F. Supp. 2d 33 · District Court, District of Columbia · Dec 15, 2008

Individual Capacity With respect to the claims against him in his individual capacity, defendant Berry *36 argues that he is protected by qualified immunity “insofar as his ... conduct dues not violate clearly established … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Manzer v. TOWN OF ANSON

771 F. Supp. 2d 121 · District Court, D. Maine · Mar 23, 2011

The Plaintiffs then argue that the second element of the qualified immunity test — whether their rights were clearly established — is met. Id. at 12-13. … The Barton Court, in its own qualified immunity analysis, held that in 2006 and 2007, it was clearly established that a campaign of harassment could support a First Amendment retaliation claim if the harassment would deter

Tricoci v. Blackman

District Court, N.D. Illinois · Aug 27, 2024

A police officer is entitled to qualified immunity when performing a discretionary function that is objectively lawful in light of clearly established law and the information an officer possessed at the time. … Pauly, 580 U.S. 73, 78 (2017) ("Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights or which a reasonable person would have known.")