Case law

Burdette v. Panola County ex rel. Darby

53 F. Supp. 3d 923 · District Court, N.D. Mississippi · Oct 20, 2014

Qualifíed Immunity Qualified immunity shields a governmental official from suit based on the performance of discretionary functions if the official’s acts did not violate clearly established constitutional or statutory law … If the plaintiff fails to state a constitutional claim or if the defendant’s conduct was objectively reasonable under clearly established law, then the governmental official is entitled to qualified immunity. Id. A.

Mahoney v. Hankin

844 F.2d 64 · Court of Appeals for the Second Circuit · Apr 12, 1988

clearly established at the time of the conduct in issue.” … In evaluating Hankin’s qualified immunity defense to these allegations, we must assess the “objective legal reasonableness” of his actions “in light of the legal rules that were ‘clearly established’ at the time [those actions

Hydrick v. Hunter

449 F.3d 978 · Court of Appeals for the Ninth Circuit · Jun 1, 2006

Thus, there are two bodies of law from which we might draw "clearly established" law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context … established" law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context, and second, where the SVPs claim a violation of a right that is

Johnson Ex Rel. Cano v. Holmes

377 F. Supp. 2d 1039 · District Court, D. New Mexico · Sep 30, 2004

Once a defendant raises the- qualified immunity defense, the plaintiff must “come forward with facts or allegations sufficient to show both that the defendant’s alleged conduct violated the law and that [the] law was clearly … If the plaintiff meets this two-part burden, the defendant “assumes the normal summary judgment burden of establishing that no material facts that would defeat his claim for qualified immunity remain in dispute.”

Adeyemi v. Office of General Counsel for Booth Police Officers, National Security Agency

District Court, D. Maryland · Dec 20, 2021

Adeyemi has not alleged facts amounting to a violation of the Fourth Amendment or any other “clearly established” constitutional right, the booth police officers would be entitled to qualified immunity as to his claims … Vill. of Pinehurst, 810 F.3d 892, 907 (4th Cir. 2016) (“Qualified immunity shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional

Bator v. Hawaii

39 F.3d 1021 · Court of Appeals for the Ninth Circuit · Nov 8, 1994

Qualified immunity protects state officials from section 1983 liability if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The defendants argue, however, that they are entitled to qualified immunity because the constitutional right to be free of sexual harassment was not clearly established during the period of Bator’s employment.

Ellis v. City of Indianapolis

800 F. Supp. 733 · District Court, S.D. Indiana · Jul 24, 1992

clearly established. … Qualified Immunity Defense Applies to Wynalda’s Conduct The question whether qualified immunity attaches to an officer’s conduct is always one for the judge to decide. Simkunas v.

Kissner v. Orr

District Court, E.D. Michigan · Nov 17, 2022

The Court, however, did not dismiss Plaintiff’s claims against Defendants Orr or Rogers based on qualified immunity. … See Harlow, 457 U.S. at 818-19 (“If the law at that time was not clearly established, an official could not reasonably be expected to anticipate subsequent legal developments, nor could he fairly be said to “know” that

Holeman v. City of New London

425 F.3d 184 · Court of Appeals for the Second Circuit · Sep 30, 2005

III Qualified immunity “shields police officers acting in their official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights of which an objectively reasonable … objectively unreasonable under clearly established federal law.

Dooley v. St. Louis County

187 S.W.3d 882 · Missouri Court of Appeals · Apr 4, 2006

from liability under the doctrine of qualified immunity. … “Qualified immunity protects public officials from personal liability under [Section] 1983 when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Williams v. Wapinsky

District Court, M.D. Pennsylvania · Apr 26, 2024

A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v. … Given that Williams has failed to allege that Defendants violated a clearly established right in this setting, Defendants are entitled to qualified immunity on this Eighth Amendment claim. IV.

McPherson v. Auger

842 F. Supp. 25 · District Court, D. Maine · Jan 6, 1994

Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (establishing the standard for assessing whether an officer is shielded from civil liability suits by qualified immunity). … Hence, Defendant Auger is protected by qualified immunity from Plaintiffs civil damages suit.

Allah v. Juchenwioz

176 F. App'x 187 · Court of Appeals for the Second Circuit · Apr 12, 2006

which the Court found to exist in its 1999 decision was not clearly established at the relevant time.” … “In general, public officials are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not

Perez v. United States

103 F. Supp. 3d 1180 · District Court, S.D. California · May 1, 2015

Government officials are entitled to qualified immunity unless the plaintiff can allege the violation of a “clearly established” constitutional right. Pearson v. … Defendant Fisher "moves to dismiss the SAC, but only as to the clearly-established prong of qualified immunity....” (ECF No. 65-1 at 9). .

Johnson v. Johnson

385 F.3d 503 · Court of Appeals for the Fifth Circuit · Sep 8, 2004

Moreover, they would be entitled to qualified immunity unless clearly established law showed that their response was insufficient. … If Johnson has indeed failed to allege a violation, then of course there can be no violation of clearly established law that would overcome qualified immunity. See Siegert, 500 U.S. at 232 , 111 S.Ct. 1789 .

Ronald Dean Brown v. Crispus C. Nix John Henry John Emmet Paul Hedgepath Charles Harper Paul Grossheim Hal Farrier

33 F.3d 951 · Court of Appeals for the Eighth Circuit · Oct 18, 1994

They asserted, among other things, that they are immune from suit by reason of qualified immunity. … In order to lose their qualified immunity, officials must violate an inmate’s clearly established constitutional rights. Id.

Ronnie Jackson v. Jeff Gutzmer

866 F.3d 969 · Court of Appeals for the Eighth Circuit · Aug 10, 2017

This is an interlocutory appeal from the denial of qualified immunity, a doctrine that “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which … “The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.” Id. at 592.

Julie Ann Hamstead v. Matthew Harvey, individually and as Prosecuting Attorney for Jefferson County, West Virgina, and the Jefferson County Commission, a corporate body

West Virginia Supreme Court · Mar 23, 2022

To overcome qualified immunity, a claimant must establish that the employee or official knowingly violated a clearly established law or acted maliciously, fraudulently, or oppressively. … Thus, the analysis turns to whether the acts alleged by the plaintiff can overcome qualified immunity because the acts violated some clearly established right of which a reasonable public official would have known, or were

Meagen Brinegar v. C.O. Lumpbert individually and in his official capacitys

West Virginia Supreme Court · Jul 30, 2020

The circuit court granted WVRJCFA’s motion first, in part on the application of qualified immunity. Ms. … Therefore, we find no error in the circuit court’s application of qualified immunity. In her third assignment of error, Ms.

Aczel v. Labonia

92 F. App'x 17 · Court of Appeals for the Second Circuit · Feb 12, 2004

facts plaintiff invokes constitutional rights that were clearly established at the time of the event. … established at the time.