Case law

Nguyen v. Louisiana State Board of Cosmetology

236 F. Supp. 3d 947 · District Court, M.D. Louisiana · Feb 20, 2017

Qualified Immunity “The doctrine of qualified immunity'protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Qualified Immunity on Plaintiffs’ Race Discrimination Claims The right to be free from invidious racial discrimination is clearly established. See, e.g., Strauder v. West Virginia, 100 U.S. 303 , 25 L.Ed. 664 (1880).

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

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.

Anderson v. Recore

317 F.3d 194 · Court of Appeals for the Second Circuit · Jan 15, 2003

The judge’s qualified immunity determination followed from his conclusion that Sandin v. … Defendants are entitled to qualified immunity “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

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

James Gladden, Jr. v. Kenneth Richbourg

759 F.3d 960 · Court of Appeals for the Eighth Circuit · Jul 23, 2014

Thus, Gladden can prevail against the officers only if they violated his clearly established constitutional rights. Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” … If, based on those facts, the officer reasonably failed to comprehend that he was violating a person’s clearly established constitutional rights, he is entitled to qualified immunity from suit. Id.

Doe v. Broderick

225 F.3d 440 · Court of Appeals for the Fourth Circuit · Aug 29, 2000

If so, we may proceed to determine whether Detective Broderick is entitled to qualified immunity or whether, because he ran afoul of clearly established constitutional rights, he is to be held personally accountable for his … Detective Broderick argues that he is protected by qualified immunity because it was not clearly established in August 1998 that patients in drug treatment facilities had a legitimate expectation of privacy in their files

Marilyn Mick Crissy Cochran Lauren Ashley Mick, by and Through Her Father and Next Friend Ken Mick, and Ken Mick v. Major Kim T. Brewer, Roland Neil Meyers, and City of Wichita, Scott Redpath, Special Agent, Marilyn Mick Crissy Cochran Lauren Ashley Mick, by and Through Her Father and Next Friend Ken Mick, and Ken Mick v. Major Kim T. Brewer, City of Wichita, Roland Neil Meyers, and Scott Redpath, Special Agent

76 F.3d 1127 · Court of Appeals for the Tenth Circuit · Feb 20, 1996

If the district court denies the defendant qualified immunity, the court should identify on the record the defendant's conduct that violated clearly established law. Albright, 51 F.3d at 1535 . … Compare Elder, 114 S.Ct. at 1021 ("The doctrine of qualified immunity shields public officials ... from damages actions unless their conduct was unreasonable in light of clearly established law.") with Graham, 490 U.S. at

Pagán-Cuebas v. Vera-Monroig

91 F. Supp. 2d 464 · District Court, D. Puerto Rico · Mar 27, 2000

Qualified Immunity Defense. … Qualified immunity shields government officers performing discretionary functions from civil damages insofar as their conduct does not violate a clearly established statutory or constitutional right which should have been

Fore v. Circuit Court of Izard County

292 Ark. 13 · Supreme Court of Arkansas · Apr 20, 1987

undisputed and the writ is clearly warranted. … Beaumont, 291 Ark. 477 , 725 S.W.2d 839 (1987), that the defense of qualified immunity presents an exception to this rule. The present defense is based upon a claim of statutory immunity.

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.

Nathan Rice v. Reliastar Life Insurance Co.

770 F.3d 1122 · Court of Appeals for the Fifth Circuit · Oct 27, 2014

Qualified immunity is a two-prong analysis. … The Supreme Court has explained that the clearly established standard incorporates an objective reasonableness inquiry: To be “clearly established” for purposes of qualified immunity, “[t]he contours of the right

Bowman v. Alabama Department of Human Resources

857 F. Supp. 1524 · District Court, M.D. Alabama · Jun 20, 1994

An official is entitled to qualified immunity unless the conduct “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … A plaintiff who seeks damages ... may overcome the defendant official’s qualified immunity only by showing that those [constitutional or statutory] rights were clearly established.” Elder v.

Baker v. Smiscik

49 F. Supp. 3d 489 · District Court, E.D. Michigan · Sep 24, 2014

Embody, 695 F.3d at 581 . *501 Plaintiff fails to meet the clearly-established-right prong for the qualified immunity analysis. … Neither of these sources provides a basis for finding a clearly established constitutional right for purposes of qualified immunity. Barrett, 388 F.3d at 972.

Gorman v. Rensselaer Cnty.

910 F.3d 40 · Court of Appeals for the Second Circuit · Dec 6, 2018

entitled to qualified immunity. … The district court held that the Defendants are entitled to qualified immunity because the law was not clearly established that Gorman's complaint constituted protected speech.

Miesen v. State Department of Transportation

226 Wis. 2d 298 · Court of Appeals of Wisconsin · Apr 6, 1999

Because the DOT is a State agency, see §§ 15.01(5) and 15.46, Stats., Miesen's complaint cannot stand unless the legislature has expressly and clearly consented for the DOT to be sued, thus waiving its sovereign immunity. … According to the DOT, the legislature must clearly and expressly waive the State's sovereign immunity with respect to each type of claim that might be brought under § 109.03(5). We disagree.

Elba Estrada-Adorno v. Jose R. Gonzalez, Etc.

861 F.2d 304 · Court of Appeals for the First Circuit · Nov 10, 1988

He is immune unless, at the time he took action, the right at issue was clearly established. Anderson v. … Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727, 2738-39 , 73 L.Ed.2d 396 (1982) (state official is immune from damages liability unless his action violates a right that was “clearly established” at the time the action

Crowley v. Board of Zoning Appeals of the Inc. Village of Southampton

872 F. Supp. 1171 · District Court, E.D. New York · Jan 7, 1995

The Complaint should be Dismissed Against the Individual Defendants on the Basis of Qualified Immunity. … A government official performing a discretionary function is entitled to qualified immunity if (1) his or her conduct does not violate a clearly established constitutional or statutory right of which a reasonable person would

Thomas v. City of Troy

293 F. Supp. 3d 282 · District Court, N.D. New York · Mar 22, 2018

Qualified Immunity "Once qualified immunity is pleaded, plaintiff's complaint will be dismissed unless defendant's alleged conduct, when committed, violated 'clearly established statutory or constitutional rights of which … Sikirica is not entitled to qualified immunity at this time. See Wise v.

Brewster v. Shasta County

27 F. App'x 908 · Court of Appeals for the Ninth Circuit · Dec 28, 2001

in which the determination of qualified immunity depends on disputed issues of material fact.” … “clearly established right” violated by their suggestive conduct in relation to the photo array and live lineup.