Case law

Oliver v. Smith

290 Mich. App. 678 · Michigan Court of Appeals · Nov 23, 2010

The wrist and hand injury is not clearly attributable to defendant alone and instead may just as fairly be attributed to plaintiff. … The Odom Court stated that employees enjoy a qualified right to immunity if (1) the employee’s challenged acts were undertaken during the course of employment and the employee was acting, or reasonably believed he or she

Vann v. City of Southaven, Mississippi

876 F.3d 133 · Court of Appeals for the Fifth Circuit · Nov 22, 2017

“A qualified immunity defense alters the usual summary judgment burden of proof. … “The . dispositive question is ‘whether the violative nature of particular conduct is clearly established.’ ” Mullenix v.

Treon v. Whipple

212 F. Supp. 2d 285 · District Court, D. Vermont · Jul 9, 2002

“Qualified immunity protects a government official from suit for any actions that did not violate a clearly established constitutional right and those actions as to which the official had an objectively reasonable good faith … “The first inquiry to be made concerning qualified immunity is whether the plaintiff has ‘allegefd] the violation of a clearly established constitutional right’.” Id. (citing Siegert v.

Mangino v. Incorporated Village of Patchogue

808 F.3d 951 · Court of Appeals for the Second Circuit · Dec 22, 2015

‐ immunity  grounds  because,  at  the  time  of  the  alleged  conduct,  although there was a clearly established right to be free from abuse  of  process  under  New  York  law,  there  was  no  clearly  established  right … We  need  not,  and  do  not,  resolve  this  confusion  here,  as  its  very  existence  establishes  that  Nudo  is  entitled  to  qualified  immunity.8  “[T]he  qualified  immunity  defense . . . provides  ample  protection

Pierce v. San Mateo County Sheriff's Department

232 Cal. App. 4th 995 · California Court of Appeal · Dec 31, 2014

” (Hafer, supra, 502 U.S. at p. 29)) or “qualified immunity.” … Haugen (2004) 543 U.S. 194, 198–201 [160 L.Ed.2d 583, 125 S.Ct. 596] [officer who shot fleeing felon entitled to qualified immunity]; Saucier, supra, 533 U.S. at pp. 203–209 [arresting officer entitled to qualified immunity

Ziccardi v. Commonwealth

109 Pa. Commw. 628 · Commonwealth Court of Pennsylvania · Jun 8, 1987

Federal courts have applied only a qualified immunity on behalf of Commonwealth officials in section 1983 claims. … Specifically, under the United States Supreme Court’s pronouncement in Wood, the immunity defense would be unavailable to the secretary if the constitutional rights which he allegedly infringed were clearly established at

Drendolyn Sims v. Mike Stanton

706 F.3d 954 · Court of Appeals for the Ninth Circuit · Dec 3, 2012

Qualified Immunity In a claim for civil damages under § 1983, to avoid the bar of qualified immunity, the plaintiff must show that the officer violated a constitutional right and that the right was “clearly established … That Welsh leaves open the possibility for a “rare” exception to this rule does not mean that the rule was not clearly established at the time and does not change our qualified immunity analysis.

Grossman v. Richards

722 A.2d 371 · Supreme Judicial Court of Maine · Jan 13, 1999

P. 56(b) on the ground that no genuine issue of material fact existed and Grossman failed to establish the elements of his claims. … Madura, 474 A.2d 166 (Me.1984), can be read to suggest that only a qualified immunity was intended, it is incorrect.

Schreiner v. Hodge

504 P.3d 410 · Supreme Court of Kansas · Feb 18, 2022

But not every act involving an element of judgment will qualify for immunity. … In addition, the § 1983 plaintiff faces the towering barrier of qualified immunity.

Broudy v. Mather

366 F. Supp. 2d 3 · District Court, District of Columbia · Mar 4, 2005

The applicable legal standard 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 … A court facing qualified immunity claims ordinarily engages in a two-step inquiry.

Fidler v. City of Indianapolis

428 F. Supp. 2d 857 · District Court, S.D. Indiana · Apr 20, 2006

A government official is not entitled to qualified immunity where the facts plaintiff alleges (1) reveal a constitutional violation (2) according to “clearly established” law at the time, meaning that a reasonable officer … Accordingly, qualified immunity is not available at this stage in the case. Morfin v.

Falkiewicz v. City of Westland

25 F. Supp. 2d 783 · District Court, E.D. Michigan · Oct 26, 1998

Defendants claim that they are entitled to qualified immunity because they did not violate any clearly established rights. 4 Standard of Review Qualified Immunity Defendants rely upon the doctrine of qualified immunity to … Under the qualified immunity doctrine, “government officials pferforming discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Cummins v. Campbell

44 F.3d 847 · Court of Appeals for the Tenth Circuit · Dec 28, 1994

We hold that the Regents were entitled to qualified immunity because the constitutional law they allegedly violated was not clearly established at the time they briefly suspended authority to show the film. … However, the district court agreed with Appellees that the law Appellees allegedly violated was not clearly established and granted them summary judgment based on qualified immunity. A.

Robert O’CONNOR, Plaintiff-Appellant, v. CHICAGO TRANSIT AUTHORITY, Walter H. Clark, Robert E. Paaswell, Et Al., Defendants-Appellees

985 F.2d 1362 · Court of Appeals for the Seventh Circuit · Feb 12, 1993

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … It is the plaintiff who bears the burden of establishing the existence of the allegedly clearly established constitutional right.

Jack G. Kelly v. Charles C. Foti, Jr., City of New Orleans, John Doe, and Jane Roe

77 F.3d 819 · Court of Appeals for the Fifth Circuit · Apr 29, 1996

Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law. … a qualified immunity defense.

Jennings v. Patton

718 F. Supp. 2d 757 · District Court, S.D. Mississippi · Feb 23, 2010

As Patton notes, qualified immunity protects public officials acting within the scope of their official duties from civil liability so long as “their conduct does not violate clearly established statutory or constitu *763 … Patton argues in his motion that he is entitled to qualified immunity since Jennings cannot establish any constitutional violation.

Essalene Lambert v. City of Dumas

187 F.3d 931 · Court of Appeals for the Eighth Circuit · Aug 9, 1999

“Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which the reasonable person would have known.” Yowell v. … The Appellee alleges the violation of a clearly established constitutional right.

Jacquelyn M. Chagnon v. Griffin Bell

642 F.2d 1248 · Court of Appeals for the D.C. Circuit · Oct 14, 1980

defense only in an area of “clearly established” law. … Rather, the question is whether the conduct complained of transgressed “clearly established” constitutional limits.

Butts v. City of Bowling Green

374 F. Supp. 2d 532 · District Court, W.D. Kentucky · Jun 23, 2005

“To overcome an officer’s entitlement to qualified immunity, however, a plaintiff must establish: (1) a substantial showing that the defendant stated a deliberate falsehood or showed reckless disregard for the truth and ( … violation was clearly established and whether, in light of the clearly established law, Detective Raley’s actions were unreasonable.

Moore v. Winer

190 F. Supp. 2d 804 · District Court, D. Maryland · Mar 20, 2002

The Supreme Court has recognized that questions of qualified immunity should be resolved as early as possible in the litigation, *806 as the purpose of the doctrine of qualified immunity is to serve as a bar to suit, not … Having in mind the Supreme Court’s threshold tests for consideration of a qualified immunity claim, see Wilson v.