Case law

Johnson v. Wolgemuth

257 F. Supp. 2d 1013 · District Court, S.D. Ohio · Mar 10, 2003

established and that the Defendants are therefore entitled to qualified immunity. … established right, qualified immunity cannot attach on summary judgment. 882 F.2d at 215-16 .

Orin v. Barclay

272 F.3d 1207 · Court of Appeals for the Ninth Circuit · Nov 9, 2001

Qualified immunity shields them “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Orin’s First Amendment rights, in the context of this case, were clearly established.

Omar T. Alston v. Mark Swarbrick

954 F.3d 1312 · Court of Appeals for the Eleventh Circuit · Mar 26, 2020

Police officers acting in their discretionary authority are entitled to qualified immunity from suit unless a plaintiff can establish that (1) the officer violated a constitutional right, and (2) the right violated was … clearly established.

Gilbert v. Feld

788 F. Supp. 854 · District Court, E.D. Pennsylvania · Mar 30, 1992

The defense of qualified immunity can support the grant of a Rule 12(b)(6) motion only when the complaint itself establishes the circumstances required for a finding of qualified immunity. Green v. … Plaintiff’s complaint does not set forth facts establishing qualified immunity. A qualified immunity defense can, therefore, not be used to defeat the claim on this 12(b)(6) motion.

Klein v. Madison

374 F. Supp. 3d 389 · District Court, E.D. Pennsylvania · Apr 10, 2019

Qualified Immunity: Excessive Force & Unlawful Search The defendants have asserted the affirmative defense of qualified immunity as to the plaintiff's section 1983 claims for excessive force and unlawful search. … The Officers have qualified immunity if their conduct "does not violate a clearly established statutory or constitutional right of which a reasonable person would have known." Pearson v.

Arbaugh v. BOARD OF EDUC., COUNTY OF PENDLETON

329 F. Supp. 2d 762 · District Court, N.D. West Virginia · Aug 6, 2004

Qualified Immunity Thompson asserts the defense of qualified immunity in his reply. … This immunity is available when the conduct of a government employee does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. Harlow v.

Bedsole v. Clark

33 So. 3d 9 · Court of Civil Appeals of Alabama · Sep 18, 2009

‘“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates “clearly established statutory or constitutional rights of which … When a government official seeks summary judgment based on qualified immunity, courts apply a two-step test to determine whether qualified immunity is appropriate.

Palisano v. City of Clearwater

219 F. Supp. 2d 1249 · District Court, M.D. Florida · Aug 14, 2002

Under the doctrine of qualified immunity, governmental officials are shielded from “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … defeating qualified immunity).

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.

Hines v. French

157 Md. App. 536 · Court of Special Appeals of Maryland · Jul 2, 2004

Because of these considerations, immunity is granted to officers who act reasonably, albeit mistakenly, in light of clearly established law and the information they possessed without the benefit of hindsight. … Rather, the question is whether, confronted with the facts of this case, reasonable police officers should have known that clearly established constitutional law prohibited the methods used in the search.

Lancaster v. Monroe County

116 F.3d 1419 · Court of Appeals for the Eleventh Circuit · Jul 11, 1997

The Clearly Established Law 29 At the time of Lancaster's arrest on March 6, 1995, it was clearly established that a jail official violates a pre-trial detainee's Fourteenth Amendment right to due process if he acts with … Because the law clearly established that such conduct violated a pre-trial detainee's Fourteenth Amendment right to due process, the defendants are not entitled to qualified immunity. B.

Heitschmidt v. The City of Houston

161 F.3d 834 · Court of Appeals for the Fifth Circuit · Dec 16, 1998

With regard to his unlawful detention claim, Heitschmidt asserts his clearly established right to be free from unreasonable seizure of his person, a right which he maintains includes the clearly established right to be … defense of qualified immunity.’”

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). .

Morgan v. Swanson

627 F.3d 170 · Court of Appeals for the Fifth Circuit · Nov 29, 2010

Qualified immunity thus shields government officials performing discretionary functions from individual liability for civil damages but only “insofar as their conduct does not violate clearly established rights of which a … Appellees’ have alleged a violation of clearly established law; therefore, Appellants are not entitled to qualified immunity.

Richko Ex Rel. Horvath v. Wayne County

819 F.3d 907 · Court of Appeals for the Sixth Circuit · Apr 15, 2016

The doctrine of qualified immunity shields government officials from civil liability under § 1983 if “their conduct does not violate clearly established statutory or constitutional rights of No. 15-1524 … To determine whether an officer is entitled to qualified immunity, a court evaluates two independent prongs: whether the officer’s conduct violated a constitutional right, and whether that right was clearly established at

Jones v. Wildgen

349 F. Supp. 2d 1358 · District Court, D. Kansas · Dec 14, 2004

To defeat qualified immunity, plaintiff must allege a clearly established right and allege that defendant violated it. The allegations, however, need not contain specific dates and times of each alleged infraction. … For purposes of qualified immunity, the next question is whether plaintiffs’ rights under the Fourth and Fourteenth Amendments were clearly established at the time of the alleged violations.

Christopher P. ex rel. Norma P. v. Marcus

915 F.2d 794 · Court of Appeals for the Second Circuit · Sep 27, 1990

, because the EAHCA’s applicability was not clearly established at the time the action arose. … Qualified Immunity for Violations of the EAHCA “[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Hernandez v. Parker

508 P.3d 947 · New Mexico Court of Appeals · Feb 1, 2022

Sheriff Parker asserted qualified immunity as a defense to Plaintiff’s § 1983 claims. … Defendants’ invocation of qualified immunity shifted the “heavy burden” to Plaintiff to establish that (1) the facts demonstrated a violation of a constitutional right, and (2) the right at issue was clearly established at

Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC

552 S.W.3d 297 · Court of Appeals of Texas · Apr 16, 2018

We quote Panda's live petition at length because it clearly identifies Panda's position. … itself enjoys"; and (4) "the policies underlying official and qualified immunity are simply irrelevant to that contention."

Greene v. Barrett

174 F.3d 1136 · Court of Appeals for the Tenth Circuit · Apr 19, 1999

The qualified immunity doctrine “shields government officials performing discretionary functions from individual liability under 42 U.S.C. § 1983 unless their conduct violates ‘clearly established statutory or constitutional … clearly established at the time of the defendant’s actions.