Case law

Vincent v. Sitnewski

117 F. Supp. 3d 329 · District Court, S.D. New York · Jun 25, 2015

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … And it *343 would undermine the key virtue of qualified immunity doctrine — that if nothing else, the “clearly established” test is objective.

Toni Duncan v. Rodney Herron

687 F.3d 955 · Court of Appeals for the Eighth Circuit · Aug 3, 2012

Qualified immunity “protects ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Because Herron did not violate Duncan’s right to equal protection, this court needs not address the other prong of the qualified-immunity analysis: whether the law was clearly established that Herron’s conduct violated Duncan

Searle v. Town of Bucksport

3 A.3d 390 · Supreme Judicial Court of Maine · Aug 31, 2010

The immunity exceptions are strictly construed so as to adhere to immunity as the general rule. Sanford v. … The remaining issue is whether they qualify as an appurtenance to a public building. 1.

Hydrick v. Hunter

449 F.3d 978 · Court of Appeals for the Ninth Circuit · Jun 1, 2006

Thus, there are two bodies of law from which we might draw "clearly established" law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context … established" law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context, and second, where the SVPs claim a violation of a right that is

Blue v. Koren

72 F.3d 1075 · Court of Appeals for the Second Circuit · Dec 26, 1995

Circuit in Martin, 812 F.2d at 1432 , "[t]he 'clearly established law' and 'objective reasonableness' facets of current qualified immunity doctrine tug in opposite directions where, as here, the 'clearly established law' … When such a motion is based on assertion of qualified immunity, the first issue is whether a clearly established right is at stake. See Siegert, 500 U.S. at 232 , 111 S.Ct. at 1793 .

Glenn v. City of Tyler

242 F.3d 307 · Court of Appeals for the Fifth Circuit · Feb 22, 2001

QUALIFIED IMMUNITY Qualified immunity protects government officials who perform discretionary functions from liability “unless their conduct violates clearly established statutory or constitutional … established law.”

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

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

M.C. ex rel. Crawford v. Amrhein

598 F. App'x 143 · Court of Appeals for the Fourth Circuit · Jan 26, 2015

The district court denied the defendants’ motions to dismiss on qualified immunity grounds. … While M.C. may well have a remedy under state law, 3 we hold that qualified immunity *150 bars his federal constitutional claims because the defendants did not violate M.C.’s clearly established rights.

Timmons v. New York State Department of Correctional Services

887 F. Supp. 576 · District Court, S.D. New York · May 25, 1995

He argues, however, that he is entitled to qualified immunity on this portion of plaintiffs Eighth Amendment claim. Good faith or qualified immunity is an affirmative defense in actions under § 1983. Harlow v. … Even where a right has been clearly established, a defendant is immune from liability if it was objectively reasonable for him to believe that his acts did not violate *581 that right. Anderson v.

Greer v. Baker.

137 Haw. 249 · Hawaii Supreme Court · Feb 22, 2016

presiding over a lawsuit”), with id. at 868 (Qualified immunity is “[i]mmunity from civil liability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established … “The nature of qualified immunity doctrine bears on the difficulties of the problem, because [qualified] immunity frequently depends on the specific facts of a particular case.” 15A Wright & Miller, Federal Practice and Procedure

Johnson v. Johnson

385 F.3d 503 · Court of Appeals for the Fifth Circuit · Sep 8, 2004

immunity on the ground that Johnson had not alleged violations of rights that were clearly established. … Moreover, they would be entitled to qualified immunity unless clearly established law showed that their response was insufficient.

Bird v. Lampert

Court of Appeals for the Tenth Circuit · Dec 15, 2020

(2) that the constitutional right was clearly established at the time of the violation.” … Clearly Established Law But even if we assume that a constitutional violation occurred, defendants Lampert, Pacheco, and Weik would still be entitled to qualified immunity because there is no clearly established

Timothy Ryan v. Burlington County, New Jersey, and Burlington County, Harold Colburn, Jr., Michael J. Conda, Catherine A. Costa, Henry J. Metzger, Robert C. Shinn, Michael J. Hogan, and Burlington County Solicitor's Office, Defendants/third Party v. Maurice Scott, Third Party and John Bradman, Individually and Officially as Warden of Burlington County Jail, Defendants/third Party v. Maurice Scott, Third Party Appeal of Harold Colburn, Jr., Michael Conda, Catherine H. Costa, Henry J. Metzger and Robert C. Shinn, Jr

889 F.2d 1286 · Court of Appeals for the Third Circuit · Nov 21, 1989

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. 24 Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 . 25 … , then those officials must be held accountable for instances where their actions violate clearly established rights.

Hoyland v. McMenomy

185 F. Supp. 3d 1111 · District Court, D. Minnesota · May 5, 2016

Qualified immunity protects government officers from § 1983 liability “unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known.” … Thus, Defendants are not entitled to qualified immunity on the basis that Hoy-land’s First Amendment right was not clearly established.

Vélez-Herrero v. Guzman

330 F. Supp. 2d 62 · District Court, D. Puerto Rico · Aug 13, 2004

Plaintiff Vélez counters that because her constitutional rights were clearly established at the time of the alleged violation, Defendant Alejandro is, therefore, not entitled to qualified immunity. … We use a three-part test to determine whether an officer is entitled to qualified immunity: (1) whether, as alleged, a constitutional violation has occurred; (2) whether the constitutional right was clearly established at

Hill v. Dekalb Regional Youth Detention Center

40 F.3d 1176 · Court of Appeals for the Eleventh Circuit · Dec 27, 1994

Swain is entitled to qualified immunity because she violated no clearly established Eighth Amendment law in August, 1987. … Importantly, for qualified immunity purposes, Swain cannot be held responsible for knowledge of Barfield , decided by this court in September, 1989, because it was not clearly established law in August, 1987.

Gagne v. DeMarco

281 F. Supp. 2d 390 · District Court, D. Connecticut · Aug 26, 2003

The defendants argue that they are entitled to qualified immunity. The Court will address each of these arguments below after a general discussion of qualified immunity. … If the law was clearly established that the officer’s conduct violated a constitutional right, qualified immunity is inappropriate.

Fernando C. HARVEY, Plaintiff-Appellee, v. Thorne BLAKE, Defendant-Appellant

913 F.2d 226 · Court of Appeals for the Fifth Circuit · Oct 1, 1990

Cater in her individual capacity under the doctrine of qualified immunity. The district court declined, however, to grant Ms. Blake qualified immunity, reasoning that Ms. … which were clearly established at the time, qualified immunity should have been given.

Abila v. Funk

220 F. Supp. 3d 1121 · District Court, D. New Mexico · Nov 23, 2016

*1170 established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.