Case law

Hart v. O'Brien

127 F.3d 424 · Court of Appeals for the Fifth Circuit · Nov 6, 1997

Generally speaking, qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a “clearly established- [federal] statutory or constitutional … One important difference, however, is that official immunity does not incorporate the requirement that the plaintiff show the violation of a clearly established right.

Victor R. Rodriguez-Burgos v. Electric Energy Authority

853 F.2d 31 · Court of Appeals for the First Circuit · Aug 3, 1988

We address the qualified immunity question first. II. QUALIFIED IMMUNITY A. … The defendants were thus entitled to qualified immunity from the plaintiff’s damages claims since the plaintiff held the type of upper-level management or administrative post that was not clearly protected against patronage

Hagemeier v. Block

806 F.2d 197 · Court of Appeals for the Eighth Circuit · Nov 26, 1986

Qualified Immunity. … Government officials performing discretionary functions are protected from liability for civil damages under the doctrine of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional

Cruz v. Green

352 F. Supp. 3d 1213 · District Court, S.D. Florida · Jan 7, 2019

DISCUSSION Captain Green argues that she is entitled to qualified immunity because she acted within the scope of her official duties and did not violate any clearly established statutory or constitutional rights. … See Callahan , 555 U.S. at 241 , 129 S.Ct. 808 (permitting district courts to evaluate whether § 1983 defendants violated clearly established law as the initial step in a qualified immunity analysis).

Mesa v. Prejean

543 F.3d 264 · Court of Appeals for the Fifth Circuit · Sep 23, 2008

Because of that uncertainty, we must take the next sequential step in qualified immunity analysis and ask whether “a reasonably competent officer would not have known his actions violated then-existing clearly established … Tarazona “must show that the legality of her conduct was clearly established.” Id.

Doran by and Through Doran v. Condon

5 F. Supp. 2d 1067 · District Court, D. Nebraska · May 26, 1998

Qualified immunity is a question of law. … Thus, the defendants are entitled to qualified immunity. B. Count II S.

Orange v. County of Grundy

950 F. Supp. 1365 · District Court, E.D. Tennessee · Apr 12, 1996

legal rules that were “clearly established” at the time it was taken. … that their conduct violated any of plaintiffs’ clearly established constitutional rights.

Forsyth v. Kleindienst

729 F.2d 267 · Court of Appeals for the Third Circuit · Mar 8, 1984

The district court reasoned that because Mitchell failed to establish an objective basis for believing his action to be lawful at the time he authorized the wiretaps in question, the clearly established law made his warrantless … Appealability of Summary Denial of Qualified Immunity Defendant Mitchell appeals also the district court’s summary denial of his qualified immunity claim.

Baird v. Holton

806 F. Supp. 2d 53 · District Court, District of Columbia · Aug 22, 2011

The doctrine of qualified immunity “shields a government official from civil liability if his conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … See Ali, 2011 WL 2462851, at *4 (qualified immunity protects a government official from civil liability when his actions do not violate “clearly established statutory or constitutional rights of which a reasonable person

Rockefeller v. United States Court of Appeals Office, for the Tenth Circuit Judges

248 F. Supp. 2d 17 · District Court, District of Columbia · Feb 7, 2003

The Supreme Court has established two avenues by which public officials may receive immunity from personal liability in a civil action for damages: absolute and qualified immunity. … A public official performing a discretionary function receives qualified immunity in a civil action, provided that his or her conduct does not violate “clearly established federal statutory or constitutional rights” of which

Hunt v. City of Toledo Law Department

881 F. Supp. 2d 854 · District Court, N.D. Ohio · Jul 30, 2012

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), the Supreme Court established a two part test for determining the applicability of qualified immunity in § 1983 actions. … As a general rule, the default position is that qualified immunity applies.

Flanagan v. Anne Arundel County

593 F. Supp. 2d 803 · District Court, D. Maryland · Jan 22, 2009

A motion to dismiss based on qualified immunity must be granted unless plaintiffs state plausible facts that the defendants violated their clearly established federal rights. McKenna v. … A court should approach qualified immunity in three stages: (1) whether a constitutional right has been violated; (2) whether that right was clearly established at the time of the violation, and (3), if so, then whether a

Davis v. Powell

901 F. Supp. 2d 1196 · District Court, S.D. California · Oct 4, 2012

Qualified Immunity All of the Defendants argue they are entitled to qualified immunity from liability on the First and Fourteenth Amendment claims because they did not violate clearly established constitutional law, and they … Castro, 621 F.3d at 1199 (stating that courts can grant qualified immunity on the basis of the clearly established prong alone) (citing Rowlands, 606 F.3d at 651 ).

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.

Sterling Hotels, LLC v. Scott McKay

Court of Appeals for the Sixth Circuit · Jun 22, 2023

To overcome McKay’s assertion of qualified immunity at this stage, Sterling need only plausibly allege that McKay violated its clearly established constitutional rights. … McKay’s potential individual liability for a regulatory takings claim was not clearly established when he sealed the elevators. That means McKay is entitled to qualified immunity on this claim.

Rayfield v. Grand Rapids, City of

373 F. Supp. 3d 962 · District Court, W.D. Michigan · Jul 17, 2018

If either factor is not satisfied, qualified immunity shields the officer from damages. … . *970 In sum, "[t]o survive [a] motion to dismiss on qualified-immunity grounds, the plaintiff must allege facts that 'plausibly mak[e] out a claim that the defendant's conduct violated a constitutional right that was clearly

Bates v. ST. LUCIE COUNTY SHERIFF'S OFFICE

31 So. 3d 210 · District Court of Appeal of Florida · Feb 24, 2010

Therefore, the plaintiff argues the Sheriffs absolute immunity is limited to qualified immunity based upon whether there was a disclosure of knowingly false information. … Section 943.139(4) fails to clearly abrogate, limit, or qualify the absolute immunity provided the Sheriff under common law. For these reasons, we affirm. Affirmed. GROSS, C.J., and CIKLIN, J., concur. 1 .

Opinion Number

Louisiana Attorney General Reports · Sep 18, 2001

Second is qualified immunity, which protects an official from liability unless the official clearly violates an established statutory or constitutional right. The court in Lucas v. Parish of Jefferson , 999 F. … Under this rationale, a person, such as a prosecutor, could have absolute immunity for some of his conduct but only qualified immunity for other of his job-related activities.

Anderson v. City of Hopkins

805 F. Supp. 2d 712 · District Court, D. Minnesota · Mar 28, 2011

Clearly Established Right The second step in determining if qualified immunity applies is whether the constitutional right at issue was clearly established. … Thus, qualified immunity does not apply as to Kreiling. IV.

Boyer v. County of Washington

971 F.2d 100 · Court of Appeals for the Eighth Circuit · Jul 10, 1992

Finally, DeClue asserts that notwithstanding any factual dispute, she is entitled to qualified immunity because the law is not clearly established that the Fourth Amendment requires determination of probable cause before, … Likewise, because qualified immunity is “an immunity from suit rather than a mere defense to liability,” the denial of a claim of qualified immunity is also immediately appealable. Id. at 526-27 , 105 S.Ct. at 2815-16 .