Case law

McKinney v. Huntsville Sch. Dist.

345 F. Supp. 3d 1071 · District Court, S.D. New York · Oct 12, 2018

Counts IV and VI: Qualified Immunity Certain government officials who are performing "discretionary functions" are immune from civil action as long as their conduct does not "violate clearly established statutory or constitutional … Courts analyze two elements to determine whether qualified immunity applies: (1) whether the official violated plaintiff's constitutional rights; and (2) whether those rights were clearly established. Saucier v.

Axson-Flynn v. Johnson

356 F.3d 1277 · Court of Appeals for the Tenth Circuit · Feb 3, 2004

“Qualified immunity shields public officials from [section] 1983 liability if their actions did not ‘violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Because the law is clearly established and there exists a material factual issue as to the objective reasonableness of Defendants’ actions, the qualified immunity defense to the free speech claim must fail on summary judgment

Vaughn v. Ricketts

663 F. Supp. 401 · District Court, D. Arizona · May 29, 1987

In Ward , the court rejected the defendant’s qualified immunity defense and held that a 1981 visual body cavity search of a misdemeanor arrestee conducted in the absence of a reasonable grounds was a violation of clearly … The burden of overcoming an official’s qualified immunity by demonstrating the existence of a clearly established right rests with the plaintiff. Davis v.

Tiramani v. Johnson

307 F. Supp. 3d 31 · District Court, D. Connecticut · Feb 8, 2018

I agree that the defendants are protected by qualified immunity. … There was no "clearly established" law prohibiting warrantless entry in similar circumstances in the absence of a sign of a break-in.

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.

Wesley Taylor v. Richard K. Bowers, Carl Doerhoff, Kent Grewe, Maryland Butts, Helen Farr, Loren Stout

966 F.2d 417 · Court of Appeals for the Eighth Circuit · Jul 31, 1992

The case law that governs whether the defendants are entitled to a qualified immunity defense is well established. See, e.g., Givens, 900 F.2d at 1231 . … When the plaintiff fails to allege a violation of clearly established law, “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Comsys Incorporated v. Frank Pacetti

893 F.3d 468 · Court of Appeals for the Seventh Circuit · Jun 20, 2018

Clearly established law does not tell us what expectation of privacy a contractor has in such a situation, which means that the appellants are entitled to qualified immunity. … Qualified immunity protects public employees who do not violate clearly established law.

Bender v. General Services Administration

539 F. Supp. 2d 702 · District Court, S.D. New York · Mar 5, 2008

Qualified immunity shields government officials from civil liability for constitutional torts “insofar as their conduct does not violate clearly established statutory or constitutional rights of which *713 a reasonable person … Qualified immunity protects a defendant from suits for violations only of constitutional rights that are not "clearly established” at the time of the alleged violation. Saucier v.

R. H. v. ED WAGNER

Court of Appeals of Georgia · Oct 11, 2022

When a party moves for summary judgment on the basis of qualified immunity,4 that party bears the burden of establishing that he was entitled to the protection of said immunity. … ’ and ‘qualified immunity’ are used interchangeably in Georgia case law to refer to the type of immunity that sometimes shields government employees from individual liability[.]”

Anilao v. Spota

774 F. Supp. 2d 457 · District Court, E.D. New York · Mar 31, 2011

Legal Standard If absolute immunity does not apply, government actors may be shielded from liability for civil damages by qualified immunity, ie., if their “conduct did not violate plaintiffs clearly established rights, or … Cnty. of Suffolk, 316 F.3d 368, 385 (2d Cir.2003); see also Fielding, 257 Fed.Appx. at 401 (“The police officers, in turn, are protected by qualified immunity if their actions do not violate clearly established law, or it

Dennis Wolfel v. Nick Sanborn

666 F.2d 1005 · Court of Appeals for the Sixth Circuit · Jan 14, 1982

As our decisions make clear, whether such immunity has been established depends on facts peculiarly within the knowledge and control of the defendant. . .. … The burden would then be upon the plaintiff to show either that a subjective, bad faith intent to harm him motivated the official or that the official knew or should have known that his action infringed a clearly established

Skehan v. Village Of Mamaroneck

465 F.3d 96 · Court of Appeals for the Second Circuit · Sep 26, 2006

If those facts would constitute a deprivation, the court should grant qualified immunity if (1) the legal right said to be violated was not clearly established at the time of the defendant's conduct; or (2) the defendant's … The individual defendants' qualified immunity turns on whether they violated clearly established federal law; the county commission's liability turns on the allocation of law enforcement power in Alabama. 38 Id. at 51 , 115

Lebron v. Rumsfeld

764 F. Supp. 2d 787 · District Court, D. South Carolina · Feb 17, 2011

Qualified Immunity Defendants further argue that even if Padilla could assert a viable cause of action, they would still be protected from liability by the doctrine of qualified immunity. … are entitled to qualified immunity on all of Plaintiffs’ claims.

Cameron v. Montgomery County Child Welfare Service

471 F. Supp. 761 · District Court, E.D. Pennsylvania · May 22, 1979

The defendants’ motion is based on judicial or quasi-judicial immunity and a qualified good faith immunity. As the Supreme Court held in Pierson v. … in support thereof (or the lack of that authority), whether a claim has been stated by *767 a specific count, and whether a specific right was or was not clearly established.

Hoffman v. Lehman

926 F. Supp. 510 · District Court, M.D. Pennsylvania · Jan 23, 1996

violation of clearly established law. … Defendants argue that even if Plaintiffs have stated a substantive due process claim based upon clearly established law, the evidence so far developed entitles them to summary judgment on the ground of qualified immunity

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.

Ying Jing Gan v. The City Of New York

996 F.2d 522 · Court of Appeals for the Second Circuit · Jun 1, 1993

Such qualified immunity from suit is appropriate if a prosecutor's conduct does not violate clearly established statutory or constitutional rights which a reasonable person would have known. Harlow v. … We held that the prosecutor was entitled to qualified immunity because he had no clearly established duty to protect at the time of the witness's death in 1982. Id. at 102 .

Zapach v. Dismuke

134 F. Supp. 2d 682 · District Court, E.D. Pennsylvania · Mar 26, 2001

The Supreme Court has established that qualified immunity shields state officials performing discretionary functions from suit for damages if “their conduct does not violate clearly established statutory or constitutional … right was clearly established at the time of the alleged violation.”

Matwyuk v. Johnson

22 F. Supp. 3d 812 · District Court, W.D. Michigan · May 23, 2014

Defendant Fildey is not Entitled to Qualified Immunity.820 a. Constitutional Violation.822 i. Government versus Private Speech .822 ii. Facial Challenge.824 iii. As Applied Challenge.826 b. Clearly Established.826 B. … clearly established.”

Robert Bethel v. Charlotte Jenkins

988 F.3d 931 · Court of Appeals for the Sixth Circuit · Feb 25, 2021

immunity and failing to find that Defendants violated Bethel’s clearly established rights. … Finally, the district court agreed with the magistrate judge that Defendants were entitled to qualified immunity in their individual capacities because they did not violate Bethel’s clearly established rights under the First