Case law
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Greenwood v. State of New York
939 F. Supp. 1060 · District Court, S.D. New York · Sep 3, 1996
Qualified Immunity Individual defendants rely on the doctrine of qualified immunity in support of their motion for summary judgment. … Thus, defendants claiming qualified immunity must show either: (1) that the right “was [not] clearly established at the time of the alleged violation,” or (2) that “reasonable persons in their position would not have understood
Cited 5 timesPublished363 F. Supp. 2d 771 · District Court, E.D. Pennsylvania · Mar 1, 2005
Qualified Immunity All individual defendants assert the affirmative defense of qualified immunity as to the claims brought under 42 U.S.C. § 1983 . … Clearly Established Right Qualified immunity protects government officials from civil claims for damages unless there is a deprivation of an actual constitutional right and “that right was clearly established at the time
Cited 65 timesPublishedBates v. ST. LUCIE COUNTY SHERIFF'S OFFICE
31 So. 3d 210 · District Court of Appeal of Florida · Feb 24, 2010
Therefore, the plaintiff argues the Sheriffs absolute immunity is limited to qualified immunity based upon whether there was a disclosure of knowingly false information. … Section 943.139(4) fails to clearly abrogate, limit, or qualify the absolute immunity provided the Sheriff under common law. For these reasons, we affirm. Affirmed. GROSS, C.J., and CIKLIN, J., concur. 1 .
Cited 3 timesPublishedPenlyn 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
Cited 21 timesPublished385 F.3d 503 · Court of Appeals for the Fifth Circuit · Sep 8, 2004
immunity on the ground that Johnson had not alleged violations of rights that were clearly established. … Moreover, they would be entitled to qualified immunity unless clearly established law showed that their response was insufficient.
Cited 382 timesPublished889 F.2d 1286 · Court of Appeals for the Third Circuit · Nov 21, 1989
If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. 24 Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 . 25 … , then those officials must be held accountable for instances where their actions violate clearly established rights.
Cited 21 timesPublishedAnastasio v. WEST ORANGE TP. PLAN. BD.
197 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Sep 10, 1984
Since the trial court at the motion to dismiss the complaint had held that the affirmative defense of qualified immunity was available, the next issue to confront the court is the one dealing with qualified immunity. … It then became the task of the Supreme Court to set guidelines for defining the scope of qualified immunity. The guidelines for the scope of qualified immunity were established in the case of Wood v.
Cited 0 timesPublished137 Haw. 249 · Hawaii Supreme Court · Feb 22, 2016
presiding over a lawsuit”), with id. at 868 (Qualified immunity is “[i]mmunity from civil liability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established … “The nature of qualified immunity doctrine bears on the difficulties of the problem, because [qualified] immunity frequently depends on the specific facts of a particular case.” 15A Wright & Miller, Federal Practice and Procedure
Cited 83 timesPublishedMacE Ex Rel. Revill v. City of Palestine, Texas
213 F. Supp. 2d 691 · District Court, E.D. Texas · Feb 8, 2002
The defense of qualified immunity, however, protects § 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … In considering the merits of a qualified immunity defense in excessive force cases, like this one, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established
Cited 2 timesPublishedHouck v. City of Prairie Village
942 F. Supp. 493 · District Court, D. Kansas · Sep 27, 1996
was clearly established when the alleged violation occurred.” … Therefore, he is entitled to qualified immunity from liability.
Cited 3 timesPublishedJames Covington v. Veronica Paris
2021 DNH 005 · District Court, D. New Hampshire · Jun 7, 2021
In addition, Paris may be entitled to qualified immunity. … If Paris invokes qualified immunity from Covington’s claim that her actions violated his Eighth Amendment rights, to overcome the immunity, Covington must show that his Eighth Amendment right was clearly established during
Cited 1 timesPublishedChavez-Rodriguez v. City of Santa Fe
616 F. Supp. 2d 1145 · District Court, D. New Mexico · Feb 28, 2009
It is not clear from the briefing whether the Defendants are moving on an absence-of-evidence issue in. their qualified-immunity motion apart from whether the legal principles about causation are clearly established. … The question under the clearly established law step of qualified immunity is whether the “right at issue was clearly established at the time of defendant’s alleged misconduct.” Pearson v.
Cited 0 timesPublished206 F. Supp. 2d 1119 · District Court, D. Kansas · Jun 6, 2002
Thus, Nordeen’s conduct, in filing a sworn complaint and sworn affidavit stating the facts purporting to establish probable cause, is entitled to qualified, not absolute immunity. … of ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” 23 Plaintiffs argument that Nordeen is not entitled to qualified immunity is based on three premises: (1) that
Cited 3 timesPublished272 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.
Cited 66 timesPublished257 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 .
Cited 5 timesPublishedTimothy Nelson v. City of Davis
685 F.3d 867 · Court of Appeals for the Ninth Circuit · Jul 11, 2012
DISCUSSION Qualified immunity shields an official from damages in a civil suit unless the plaintiff can make the showing that the official’s actions violated a constitutional right, and that the right was “clearly established … As we have previously held, however, “[a]n officer is not entitled to qualified immunity on the ground[ ] that the law is not clearly established every time a novel method is used to inflict injury.”
Cited 158 timesPublished116 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.
Overruled on other grounds by LeFrere v. Quezada, 588 F.3d 1317 (2009)Cited 137 timesPublished789 F. Supp. 1512 · District Court, E.D. California · May 4, 1992
If the plaintiff fails to state with specificity a “claim of a violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v. … not, was the absence of probable cause so clear as to constitute a violation of a clearly established constitutional right) under the law as it existed at the time?
Cited 5 timesPublished610 F.3d 546 · Court of Appeals for the Ninth Circuit · Jul 6, 2010
However, an officer using deadly force is entitled to qualified immunity, unless the law was clearly established that the use of force violated the Fourth Amendment. See Brosseau v. … The qualified immunity inquiry consists of two parts: (1) “whether the facts that a plaintiff has alleged ... or shown ... make out a violation of a constitutional right,” and (2) “whether the right at issue was ‘clearly
Cited 299 timesPublished22 F. Supp. 3d 256 · District Court, S.D. New York · May 22, 2014
A qualified immunity defense is established where “(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 such … When considering a claim of qualified immunity, courts ask first whether there was a violation of a clearly established constitutional right. Id. at 706 .
Cited 48 timesPublished
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