Case law

Newcomb v. City of Troy

719 F. Supp. 1408 · District Court, E.D. Michigan · Aug 18, 1989

The “clearly established law” at the time Plaintiff was seized by Officer Denny permitted the application of deadly force in limited circumstances. … The claims against Officer Denny are dismissed above on the basis of qualified immunity under Anderson v. Creighton, supra.

Susan Lynn Roberts v. Charles Timothy Kling

144 F.3d 710 · Court of Appeals for the Tenth Circuit · May 20, 1998

“First, the plaintiff must show the defendant’s conduct violated a constitutional or statutory right; second, the plaintiff must show the right the defendant’s conduct violated was clearly established such that a reasonable … Roberts attempts to cast this determination as factual and also seeks to demonstrate factual disputes on point; however, we agree with the district court that Roberts has not demonstrated that Kling violated clearly established

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).

New York State National Organization for Women v. Cuomo

14 F. Supp. 2d 424 · District Court, S.D. New York · Jul 24, 1998

Although violation of state rules or regulations may inform the court’s analysis of a qualified immunity defense, the defense may only be defeated by the court’s determination that the official violated “clearly established … The court must look to Supreme Court and Second Circuit precedent in evaluating whether the law relevant to the constitutional issues raised here is “clearly established” for qualified immunity purposes. See Elder v.

Thomas v. Holt

221 Ga. App. 345 · Court of Appeals of Georgia · May 9, 1996

“Qualified immunity protects government officials performing discretionary functions from civil trials (and the other burdens of litigation, including discovery) and from liability if their conduct violates no ‘clearly established … For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government

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

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.

Whisman v. Rinehart

119 F.3d 1303 · Court of Appeals for the Eighth Circuit · Jul 23, 1997

Qualified Immunity 17 Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would … Id. 21 We take a broad view of what constitutes "clearly established" under the qualified immunity analysis. Munz v. Michael, 28 F.3d 795, 799 (8th Cir.1994).

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 ).

James P. Martin v. Memorial Hospital at Gulfport, Wray Anderson, Mitchell Salloum, Edward Reid, and Myrtis Franke

86 F.3d 1391 · Court of Appeals for the Fifth Circuit · Jul 10, 1996

The Supreme Court reversed, holding that the order denying qualified immunity was collateral order immediately appealable under Cohen . … A second major conception animating all of the immunity doctrines is that “where an official’s duties legitimately require action in which clearly established rights are not implicated, the public interest may be better served

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

Dustin Williamson v. Bryan Stirling

912 F.3d 154 · Court of Appeals for the Fourth Circuit · Dec 21, 2018

In making its qualified immunity rulings, the district court relied solely on the clearly established prong, deciding that Williamson’s due process rights were not clearly established, and thus awarded qualified immunity … If the law regarding the level of process owed to pretrial detainees was not clearly established as to either situation, Director Stirling and Sheriff Carroll would yet be entitled to qualified immunity on Williamson’s

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.

Dennis Hamilton v. Roger v. Endell

981 F.2d 1062 · Court of Appeals for the Ninth Circuit · Dec 15, 1992

Qualified Immunity Claim “Government officials who perform discretionary functions are protected from liability for civil damages as long as ‘their conduct does not violate clearly established statutory or constitutional … Qualified immunity is an affirmative defense; if the plaintiff proves that the right allegedly violated was clearly established, the burden shifts to the defendant official to prove that his or her conduct was reasonable

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

Pierce v. Smith

117 F.3d 866 · Court of Appeals for the Fifth Circuit · Jul 15, 1997

For example, where the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a search required probable cause … Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991), the Court stated that in a qualified immunity case, “the first inquiry” is whether the plaintiff has “failed to allege the violation of a clearly established

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.

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.

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

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 .