Case law

Alicia Street v. Gerald Leyshock

41 F.4th 987 · Court of Appeals for the Eighth Circuit · Jul 27, 2022

We conclude that the allegations in this case are insufficient to establish a plausible claim that the defendant officers violated any plaintiff’s clearly established right against the use of excessive force. … doctrine means that they did not violate a clearly established right.

Loch v. City of Litchfield

837 F. Supp. 2d 1032 · District Court, D. Minnesota · Nov 17, 2011

“Under the doctrine of qualified immunity, state actors are protected from civil liability when ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … right was clearly established at the time of the deprivation.’ ” Parrish v.

Avi Adelman v. Dallas Area Rapid Transit

Court of Appeals for the Fifth Circuit · Sep 20, 2019

Adelman bears the burden of negating Branch’s qualified immunity defense by showing “(1) that [Branch] violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … “The right to be free from arrest without probable cause is a clearly established constitutional right” for qualified immunity purposes. Westfall v. Luna, 903 F.3d 534, 542 (5th Cir. 2018) (quoting Mangieri v.

Adewale v. Whalen

21 F. Supp. 2d 1006 · District Court, D. Minnesota · Aug 7, 1998

A government official performing discretionary functions is entitled to qualified immunity if his conduct does not violate “clearly established” constitutional or statutory rights of “which a reasonable person would have … cause is the clearly established standard for making an arrest.

Osipova v. Dinkins

864 F. Supp. 360 · District Court, S.D. New York · Oct 6, 1994

DISCUSSION Qualified immunity has long shielded government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus, Martinez is only entitled to qualified immunity if, assuming the facts as set forth by the plaintiff, it was objectively reasonable for Martinez to believe, in light of clearly established law and the information he

Brooks v. Whiteford

384 F. Supp. 3d 365 · District Court, W.D. New York · Jun 21, 2019

The Supreme Court has recently explained that when a court is deciding whether a defendant is entitled to qualified immunity, "the clearly established right must be defined with specificity," that the court should not "define … Thus, the fact that the right to be from excessive force, as a general principle, has long been clearly established is not dispositive of whether an individual defendant is entitled to qualified immunity.

Moffitt v. Town of Brookfield

950 F.2d 880 · Court of Appeals for the Second Circuit · Dec 20, 1991

The doctrine of qualified immunity provides that: government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … legal rules that were ‘clearly established’ at the time it was taken.”

Sanders v. Nunley

634 F. Supp. 474 · District Court, N.D. Georgia · Jun 25, 1985

Qualified or “good faith” immunity generally shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … In this case, Nunley has asserted and established his entitlement to qualified immunity.

Robert E. Kennedy, Jr. Joyce Kennedy v. City of Cleveland, William T. Hanton (85-3819), Frank Wszelaki (85-3827)

797 F.2d 297 · Court of Appeals for the Sixth Circuit · Aug 27, 1986

In principle, the Supreme Court held that absolute or qualified immunity, once established, not only protects the holder against ultimate personal liability in damages but also from the onerous burdens of defense in much … Where a defendant official is entitled to qualified immunity the plaintiff must plead facts which, if true, describe a violation of a clearly established statutory or constitutional right of which a reasonable public official

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.

M.C. ex rel. Crawford v. Amrhein

598 F. App'x 143 · Court of Appeals for the Fourth Circuit · Jan 26, 2015

The district court denied the defendants’ motions to dismiss on qualified immunity grounds. … While M.C. may well have a remedy under state law, 3 we hold that qualified immunity *150 bars his federal constitutional claims because the defendants did not violate M.C.’s clearly established rights.

Lopez Lopez v. Aran

699 F. Supp. 365 · District Court, D. Puerto Rico · Nov 14, 1988

At the close of the plaintiff’s case, the defendants moved for a directed verdict on the basis of qualified immunity. … For reasons that follow, the Court GRANTS the motion and directs a verdict in favor of the defendants on the basis of qualified immunity. *366 The doctrine of qualified immunity applies to government officials performing

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

Christophel v. Kukulinsky

61 F.3d 479 · Court of Appeals for the Sixth Circuit · Aug 3, 1995

The individual defendants moved for summary judgment, claiming that they were entitled to qualified immunity because they had not violated a clearly established constitutional right to procedural due process. … When a defendant asserts qualified immunity on summary judgment, the court may determine the currently applicable law and whether that law was clearly established at the time of the actions in question.

Blue v. Koren

72 F.3d 1075 · Court of Appeals for the Second Circuit · Dec 26, 1995

Circuit in Martin, 812 F.2d at 1432 , "[t]he 'clearly established law' and 'objective reasonableness' facets of current qualified immunity doctrine tug in opposite directions where, as here, the 'clearly established law' … When such a motion is based on assertion of qualified immunity, the first issue is whether a clearly established right is at stake. See Siegert, 500 U.S. at 232 , 111 S.Ct. at 1793 .

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

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

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.

Brown v. Montana

442 F. Supp. 2d 982 · District Court, D. Montana · Jun 12, 2006

Qualified Immunity Defendants also argue that Wills is entitled to qualified immunity. … If the law was clearly established as to that social worker’s action, it likewise was clearly established here.

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