Case law

Toliver v. New York City Department of Corrections

202 F. Supp. 3d 328 · District Court, S.D. New York · Jul 29, 2016

Mar. 27, 2006) (finding defendant who “clearly failed to request special interrogatories even after he had been invited to do so” by the Court waived qualified immunity defense). … It is true that “qualified immunity protects state officials from civil liability for actions performed in the course of their duties if their conduct does not violate clearly established statutory or constitutional rights

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.

Mary Elizabeth Dunn v. Mike Denk, Cross-Appellee

79 F.3d 401 · Court of Appeals for the Fifth Circuit · Mar 19, 1996

The question before us is whether Denk was entitled to qualified immunity as a matter of law. We begin by determining whether Dunn alleged the violation of a clearly established constitutional right. … arrestee] are clearly established or not,” Dunn v.

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.

Omar T. Alston v. Mark Swarbrick

954 F.3d 1312 · Court of Appeals for the Eleventh Circuit · Mar 26, 2020

Police officers acting in their discretionary authority are entitled to qualified immunity from suit unless a plaintiff can establish that (1) the officer violated a constitutional right, and (2) the right violated was … clearly established.

Estate of Massey ex rel. Co-Administrators of her Estate Hodges v. City of Philadelphia

118 F. Supp. 3d 679 · District Court, E.D. Pennsylvania · Jul 24, 2015

Because the Third Circuit has clearly held that the burden of pleading the defense of qualified immunity falls on the defendant, Defendants have not yet met their burden to sufficiently plead qualified immunity, and Plaintiff … ’s conduct allegedly violated were clearly established.”).

Houston v. Tucker

137 F. Supp. 2d 1326 · District Court, N.D. Georgia · Jun 1, 2000

the defendant violated clearly established law. … To overcome qualified immunity, the plaintiffs must show that: (1) the defendant violated a federal constitutional right; and (2) the right was clearly established at the time of the violation. See Santamorena v.

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.

Melton v. City of Oklahoma City

879 F.2d 706 · Court of Appeals for the Tenth Circuit · Jun 21, 1989

We hold that in so doing, Chief Gramling violated clearly established law and cannot claim the protection of qualified immunity on retrial. 3. … established law and qualified immunity may not be available to them.

Mattos v. Agarano

590 F.3d 1082 · Court of Appeals for the Ninth Circuit · Jan 12, 2010

clearly established right. … The doctrine of qualified immunity shields the officers “from liability for civil damages [unless their conduct violated] clearly established statutory or constitutional rights of which a reasonable person would have known

Jones v. Wildgen

349 F. Supp. 2d 1358 · District Court, D. Kansas · Dec 14, 2004

To defeat qualified immunity, plaintiff must allege a clearly established right and allege that defendant violated it. The allegations, however, need not contain specific dates and times of each alleged infraction. … For purposes of qualified immunity, the next question is whether plaintiffs’ rights under the Fourth and Fourteenth Amendments were clearly established at the time of the alleged violations.

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.

Aupperlee v. Coughlin

97 F. Supp. 2d 336 · District Court, E.D. New York · May 31, 2000

Layne, 526 U.S. 603 , 119 S.Ct. 1692, 1697 , 143 L.Ed.2d 818 (1999) (quotation omitted). “ ‘Clearly established’ for qualified immunity purposes means that the contours of the right must be sufficiently clear that a reasonable … Even where the plaintiffs rights and the scope of the officials’ permissible conduct are clearly established, the qualified immunity defense protects a governmental actor if it was “objectively reasonable” for the actor to

Linbrugger v. Abercia

363 F.3d 537 · Court of Appeals for the Fifth Circuit · Mar 22, 2004

Qualified immunity protects public officers from suit if them conduct does not violate any “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … First, we must determine whether the facts, either as the plaintiff alleges or as proved without dispute, establish that the officer violated a clearly established constitutional right. Price v.

Babb v. Lake City Community College

66 F.3d 270 · Court of Appeals for the Eleventh Circuit · Oct 5, 1995

is whether the facts show a violation of “clearly established” law. … “clearly established” law.

Garcia-Rodriguez v. Gomm

169 F. Supp. 3d 1221 · District Court, D. Utah · Aug 14, 2016

Qualified Immunity “Public officials are immune from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at the. time of the challenged conduct.” … Pursuant to Quinn , 780 at 1004, the court determines that this issue is most efficiently resolved by first analyzing the “clearly established” prong of the SLC Defendants’ qualified immunity defense.

Morales v. Chadbourne

996 F. Supp. 2d 19 · District Court, D. Rhode Island · Feb 12, 2014

established right in this regard, qualified immunity attaches to these defendants on the procedural due process claim. … These constitutional principles are axioms that are not questionable or in doubt; they are and have been “clearly established,” and thus the Federal Defendants are not entitled to qualified immunity.

Bombace v. City of Newark

125 N.J. 361 · Supreme Court of New Jersey · Aug 7, 1991

other antecedent or surrounding conduct might constitute acts or action that would otherwise be subject to the qualified immunity. … In construing the Act, this Court has respected that legislative policy to establish immunity as the general rule. E.g., Rochinsky v. State, 110 N.J. 399, 407-08 , 541 A. 2d 1029 (1988).

William C. Bennett, AKA John A. Richardson v. Garrison A. Parker, Warden, Robert M. Jackson, Officer, Daniel W. Cooper, Officer

898 F.2d 1530 · Court of Appeals for the Eleventh Circuit · Apr 25, 1990

Although intertwined with issues of jurisdiction and qualified immunity, this appeal concerns the severity of injury to an inmate required to establish a constitutional claim of excessive use of force. … The doctrine of qualified immunity accomplishes a similar purpose by shielding public officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable