Case law

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.

Ganek v. Leibowitz

874 F.3d 73 · Court of Appeals for the Second Circuit · Oct 17, 2017

 immunity on the ground that the right was not  then clearly established.   …  immunity and summary judgment  should  be  granted  to  the  defendant  on  the  basis  of  qualified  immunity”).   

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.

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

Ohio Ex Rel. Manuel v. Ohio Department of Health

810 F. Supp. 928 · District Court, S.D. Ohio · Dec 2, 1992

An official is entitled to qualified immunity if his actions are objectively reasonable in light of clearly established law. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … Defendants have qualified immunity unless Plaintiff’s “rights were so clearly established when the acts were committed that any officer in the [Defendant’s position, measured objectively, would have clearly understood that

Craighead v. Lee

399 F.3d 954 · Court of Appeals for the Eighth Circuit · Feb 18, 2005

Paul moved for summary judgment based on qualified immunity as to the Section 1983 claims and based on official immunity as to the state-law claims. … Wilson held that summary judgment on qualified immunity was inappropriate because "[t]he current record does not conclusively establish the reasonableness of the officers' actions or beliefs." Wilson, 293 F.3d at 454.

Costanich v. Department of Social & Health Services

627 F.3d 1101 · Court of Appeals for the Ninth Circuit · Dec 3, 2010

clearly established. 1. … immunity, this right had not previously been clearly established in the civil context. 13 A right is “clearly established” when “the contours of the right were already delineated with sufficient clarity to make a reasonable

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 .

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.

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

Angle v. Dow

822 F. Supp. 1530 · District Court, S.D. Alabama · Jun 1, 1993

anal *1538 ysis public officials will be entitled to qualified immunity in two situations: 1) when the law that they allegedly violated is not clearly established; and 2) when the law is clearly established and the Court … Therefore, the Court will examine the clearly established law, the second step of qualified immunity analysis. Defendants rely entirely on Dartland v.

Chavez-Rodriguez v. City of Santa Fe

616 F. Supp. 2d 1145 · District Court, D. New Mexico · Feb 28, 2009

It is not clear from the briefing whether the Defendants are moving on an absence-of-evidence issue in. their qualified-immunity motion apart from whether the legal principles about causation are clearly established. … The question under the clearly established law step of qualified immunity is whether the “right at issue was clearly established at the time of defendant’s alleged misconduct.” Pearson v.

Marcavage v. National Park Service

666 F.3d 856 · Court of Appeals for the Third Circuit · Feb 2, 2012

The District Court then found that Saperstein and Crane were entitled to qualified immunity from both the First Amendment and the Fourth Amendment claims because Marcavage’s First Amendment rights were not clearly established … As noted above, to strip Saperstein and Crane of qualified immunity requires the violation of a clearly established constitutional right.

Penlyn Development Corp. v. Incorporated Village of Lloyd Harbor

51 F. Supp. 2d 255 · District Court, E.D. New York · Jun 16, 1999

Qualified Immunity The defendant also moves for summary judgment on the basis of qualified immunity. … 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

James Covington v. Veronica Paris

2021 DNH 005 · District Court, D. New Hampshire · Jun 7, 2021

In addition, Paris may be entitled to qualified immunity. … If Paris invokes qualified immunity from Covington’s claim that her actions violated his Eighth Amendment rights, to overcome the immunity, Covington must show that his Eighth Amendment right was clearly established during

Anastasio v. WEST ORANGE TP. PLAN. BD.

197 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Sep 10, 1984

Since the trial court at the motion to dismiss the complaint had held that the affirmative defense of qualified immunity was available, the next issue to confront the court is the one dealing with qualified immunity. … It then became the task of the Supreme Court to set guidelines for defining the scope of qualified immunity. The guidelines for the scope of qualified immunity were established in the case of Wood v.

Houck v. City of Prairie Village

942 F. Supp. 493 · District Court, D. Kansas · Sep 27, 1996

was clearly established when the alleged violation occurred.” … Therefore, he is entitled to qualified immunity from liability.

Coburn v. Nordeen

206 F. Supp. 2d 1119 · District Court, D. Kansas · Jun 6, 2002

Thus, Nordeen’s conduct, in filing a sworn complaint and sworn affidavit stating the facts purporting to establish probable cause, is entitled to qualified, not absolute immunity. … of ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” 23 Plaintiffs argument that Nordeen is not entitled to qualified immunity is based on three premises: (1) that

Coker on Behalf of Coker v. Henry

813 F. Supp. 567 · District Court, W.D. Michigan · Feb 18, 1993

The question of qualified immunity generally turns on the “objective legal reasonableness” of the official’s action, assessed in light of the legal rules that were “clearly established” at the time it was taken. … In asserting qualified immunity, defendants contend the asserted due process right was not clearly established at the time Craig Coker was abused.

Keller v. McElveen

744 So. 2d 643 · Louisiana Court of Appeal · Jun 2, 1999

Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), the United States Supreme Court discussed the concept of prosecutorial immunity in the context of a 42 U.S.C. § 1983 suit and concluded that the well-established … Qualified immunity ‘“represents the norm’ ” for executive officers ... so when a prosecutor “functions as an administrator rather than as an officer of the court” he is entitled only to qualified immunity.