Case law

The Schatz Family v. Gierer

399 F. Supp. 2d 973 · District Court, E.D. Missouri · Mar 24, 2004

the motions to dismiss on qualified immunity grounds. … In short, even if the plaintiffs' could be said to have stated a violation of their constitutional rights, the Court finds that the defendants are entitled to qualified immunity because the right was not clearly established

Flowers v. Bennett

123 F. Supp. 2d 595 · District Court, N.D. Alabama · Oct 17, 2000

Qualified Immunity The defendants next argue that they are entitled to qualified immunity because their conduct did not violate a clearly established law. … Public officials, including correctional officers, are protected from actions brought against them in their individual capacities by qualified immunity if their conduct violates no clearly established statutory or constitutional

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

John Coffin v. Stacy Brandau

642 F.3d 999 · Court of Appeals for the Eleventh Circuit · Jun 3, 2011

of qualified immunity. … qualified immunity.

William Cantrell v. DeKalb County

Court of Appeals of Tennessee · Jul 10, 1996

We have determined that the trial court erred because the undisputed facts demonstrate that the officers are entitled to qualified immunity because they acted reasonably and did not violate any of the church members’ clearly … THE QUALIFIED IMMUNITY DEFENSE The dispositive issue for this appeal is whether the law enforcement officials have presented undisputed facts demonstrating that they are entitled to qualified immunity as a matter

Kennedy v. Osmanski, III

District Court, D. Massachusetts · Nov 30, 2022

Moreno, 919 F.3d 582, 600-01 (1st Cir. 2019) (holding that FBI agents were not entitled to qualified immunity in a Bivens action arising from a warrantless search of plaintiff’s home in … Moreover, First Circuit precedent establishes the viability of Bivens claims in the aftermath of an unreasonable search during a routine law enforcement investigation. See DeMayo v.

Haldeman v. Total Petroleum, Inc.

376 N.W.2d 98 · Supreme Court of Iowa · Oct 16, 1985

If the immunity provided by it were intended to be only a qualified one, we believe the legislature would have added words to so indicate. … It was error on the part of the trial court to submit the issue as a qualified privilege. It should have dismissed Haldeman’s libel claim against Total based upon statutory immunity. III. The Qualified Privilege.

Heller v. Fulare

371 F. Supp. 2d 743 · District Court, W.D. Pennsylvania · Mar 30, 2005

Therefore, on this issue, qualified immunity is denied. … As for the applicability of qualified immunity to the remaining claims in Count II and the remaining Counts of the Complaint, the Court denies qualified immunity without prejudice to raise this immunity within a second motion

Brown v. ONTARIO COUNTY

787 F. Supp. 2d 273 · District Court, W.D. New York · May 27, 2011

Nevertheless, I find that even if probable cause was lacking or questionable, defendants are entitled to qualified immunity. … Qualified immunity shields public officials from an action for civil damages, to the extent that their challenged acts do not violate “clearly established statutory or constitutional rights of which a reasonable person would

Orem v. Rephann

523 F.3d 442 · Court of Appeals for the Fourth Circuit · Apr 28, 2008

Hence, qualified immunity will shield Deputy Rephann from suit if “a reasonable officer” could have believed tasering Orem was lawful, in light of the clearly established law and the information Deputy Re-phann possessed … Rather, Deputy Rephann used the taser to punish or intimidate Orem — a use that is not objectively reasonable, is contrary to clearly established law, and not protected by qualified immunity. Y.

Colman v. Vasquez

142 F. Supp. 2d 226 · District Court, D. Connecticut · Mar 30, 2001

Colman’s Complaint does not allege a violation of clearly established law, they are entitled to qualified immunity. … established” for qualified immunity purposes.

Schulkers v. Kammer

367 F. Supp. 3d 626 · District Court, E.D. Kentucky · Feb 8, 2019

. ----, 137 S.Ct. 548 , 196 L.Ed.2d 463 (2017), the Court stated: Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … However, in Barber , the court addressed only the "clearly established" prong of the qualified immunity analysis and held that a child's Fourth Amendment right to avoid warrantless, in-school interviews conducted by social

Dobos v. Driscoll

404 Mass. 634 · Massachusetts Supreme Judicial Court · Apr 19, 1989

Qualified immunity pursuant to § 1983. Under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), the doctrine of qualified immunity applies only to “discretionary functions.” … The doctrine of qualified immunity has both an objective and a subjective element.

Rhoades v. Clinkscale

Superior Court of Delaware · Jul 20, 2016

on the ground that a purported right was not clearly established, question of whether the purported right exists at without resolving the plied, [qualified immunity] protects all but the a>l?> all. … Thus, State Defendants argue that qualified immunity applies to Plaintiff’s claims against them, because Plaintiff has failed to identify a right to a particular procedure or protocol that has been clearly established by

Ben Krein v. Larry Norris

309 F.3d 487 · Court of Appeals for the Eighth Circuit · Oct 16, 2002

not specifically and conclusively ruled on the issue of qualified immunity. … asserted the violation of a constitutional right [and] the right is clearly established.”

Key v. Grayson

998 F. Supp. 793 · District Court, E.D. Michigan · Mar 19, 1998

A claim of qualified immunity depends on whether the defendant’s conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. … not clearly established, and thus recommended that this court grant defendants’ motion for summary judgment with respect to the claims for money damages on the basis of qualified immunity.

Nancy Roell v. Hamilton Cty. Bd. of Comm'rs

870 F.3d 471 · Court of Appeals for the Sixth Circuit · Sep 5, 2017

“In order for a right to be clearly established for the purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that … We, on the other hand, have utilized the second prong of the qualified-immunity analysis to conclude that the deputies are entitled to summary judgment because no caselaw clearly established that the degree of force used

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 .

Edgerly v. City and County of San Francisco

495 F.3d 645 · Court of Appeals for the Ninth Circuit · Jul 17, 2007

clearly established. … Also, because no reasonable officer could have believed, in light of clearly established law, that the search as described by Edgerly was constitutional, the Officers are not entitled to qualified immunity for the search.

Gremo v. Karlin

363 F. Supp. 2d 771 · District Court, E.D. Pennsylvania · Mar 1, 2005

Qualified Immunity All individual defendants assert the affirmative defense of qualified immunity as to the claims brought under 42 U.S.C. § 1983 . … Clearly Established Right Qualified immunity protects government officials from civil claims for damages unless there is a deprivation of an actual constitutional right and “that right was clearly established at the time