Case law

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.”

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 .

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

Marantes v. Miami-Dade County

649 F. App'x 665 · Court of Appeals for the Eleventh Circuit · Apr 28, 2016

Thus, the individual defendants were entitled to qualified immunity. … “Qualified immunity protects government officials performing discretionary functions from suits in their individual capacity unless their conduct violates clearly established statutory or constitutional rights of which a

Fleming v. State Department of Public Safety

237 Ariz. 414 · Arizona Supreme Court · Jul 9, 2015

Before trial, DPS moved for a jury instruction on qualified immunity under § 12-820.02(A)(7). … , qualified immunity, and affirmative defenses for public entities and employees).

William E. "Buster" Fisher v. Tom E. Harden, in His Official Capacity as Sheriff of Morrow County, Ohio

398 F.3d 837 · Court of Appeals for the Sixth Circuit · Feb 25, 2005

First, he claims that because he pleaded facts sufficient to establish a constitutional violation, the district court erred in granting qualified immunity to the Defendants. … the officers were entitled to qualified immunity.

Ortiz v. Morris

Massachusetts Appeals Court · Apr 27, 2020

Following discovery, Morris moved for summary judgment on the basis of qualified immunity. … Whether an officer is immune "turns on the objective legal reasonableness of the action assessed in light of the legal rules that were clearly established at the time [the action] was taken" (quotations and citation omitted

Richard E. Finlan (And Don Venable - Dismissed) v. Dallas Independent School District

Texas Court of Appeals, 11th District (Eastland) · Oct 24, 2002

The defense of qualified immunity shields governmental officials from liability under Section 1983 for civil damages if A their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … It did not address the first inquiry in the qualified immunity analysis; that is, it did not address the question of law whether the law was clearly established in 1992 that the filing of a civil suit, alleged to be malicious

Kirby Ingram v. Louis Kubik

Court of Appeals for the Eleventh Circuit · Apr 7, 2022

If a defend- ant advances the affirmative defense of qualified immunity, the dis- trict court must dismiss any claims that fail to allege a violation of clearly established law. See id. … The officers are entitled to qualified immunity if the plaintiff fails to show either that there was some constitutional violation or that it was clearly established, and we may consider these two elements in either order

Connecticut ex rel. Blumenthal v. Crotty

346 F.3d 84 · Court of Appeals for the Second Circuit · Sep 30, 2003

Disagreeing with Appellants, the district court denied qualified immunity after determining that Yolovar’s rights were clearly established at the time of enforcement and that Appellants’ enforcement of the Nonresident Lobster … Qualified immunity is warranted if either *102 (1) the official’s actions did not violate clearly established law, or (2) even if the actions violated a clearly established law, the official was objectively reasonable in

William C. Wardlaw v. William R. Pickett, Deputy United States Marshal

1 F.3d 1297 · Court of Appeals for the D.C. Circuit · Dec 6, 1993

Qualified immunity protects a government official from suits for damages if the official’s conduct did not violate clearly established rights of which a reasonable person would have known. Harlow v. … In general, qualified immunity extends to “government officials performing discretionary functions ... insofar as their conduct does not violate clearly established ... rights of which a reasonable person would have known

Ayers v. Ryan

152 F.3d 77 · Court of Appeals for the Second Circuit · Jul 28, 1998

Qualified immunity shields government officials from liability for damages resulting from the performance of discretionary' official functions if their conduct “does not violate clearly established statutory or constitutional … The district court concluded that Ryan was entitled to qualified immunity because Ayers could not “demonstrate that Ryan’s refusal to call certain witnesses was a clearly established violation of the Due Process Clause.”

Meyers v. Yamato Kogyo Co.

2020 Ark. 136 · Supreme Court of Arkansas · Apr 9, 2020

They were not involved in employment decisions at Arkansas Steel Associates, such as hiring or firing employees, paying wages, training, providing workers’ compensation or other benefits, or establishing work schedules. … In other words, “referential and qualifying phrases, where no contrary intention appears, relate only to the last antecedent.”

Neague v. Cynkar

258 F.3d 504 · Court of Appeals for the Sixth Circuit · Jul 25, 2001

Id. 14 This court has held that the right to be free from excessive force is a clearly established Fourth Amendment right. Walton v. City of Southfield, 995 F.2d 1331, 1342 (6th Cir. 1993). … It would not be necessary to make a qualified immunity analysis.

Moffitt v. Town Of Brookfield

950 F.2d 880 · Court of Appeals for the Second Circuit · Dec 20, 1991

legal rules that were 'clearly established' at the time it was taken." … More precisely, furthermore, it had been clearly established that a contract may vest a right or interest that requires due process protection, see Board of Regents v.

Stoneking v. Bradford Area School District

882 F.2d 720 · Court of Appeals for the Third Circuit · Aug 16, 1989

Bradford Area School Dist., 667 F.Supp. 1088, 1098 (W.D.Pa.1987). *723 On appeal, defendants argued that they were entitled to qualified immunity because they had no clearly established duty to protect Stoneking, and therefore … The defendants are entitled to qualified immunity if reasonable officials in the defendants’ position at the relevant time could have believed, in light of clearly established law, that their conduct comported with established

Cox v. Maine State Police

324 F. Supp. 2d 128 · District Court, D. Maine · May 27, 2004

The crux of the defendants’ objection is the third component of qualified immunity: whether an objectively reasonable officer would have understood that the arrest violated Cox’s clearly established constitutional right to … in the qualified immunity analysis.

Jerry Turpin and Bonnie Turpin v. The County of Rock, Nebraska Galen Svoboda, in His Official Capacity and Jim Anderson, in His Official Capacity

262 F.3d 779 · Court of Appeals for the Eighth Circuit · Aug 21, 2001

Qualified immunity shields governmental officials from personal liability if their actions, even if unlawful, were “nevertheless objectively reasonable in light of the clearly established law at the time of the events in … The inquiry in determining whether the officers are entitled to qualified immunity focuses on whether the Appellants have asserted a violation of a clearly-established constitutional right and, if so, whether there are genuine

75 Fair empl.prac.cas. (Bna) 1854, 11 Fla. L. Weekly Fed. C 989 Debra A. Braddy v. Florida Department of Labor and Employment Security, Douglas Jamerson, Secretary of Labor, Robert Lynch, in His Individual Capacity, E. Kathryn Davis, in Her Individual Capacity

133 F.3d 797 · Court of Appeals for the Eleventh Circuit · Jan 21, 1998

In finding Lynch ineligible for qualified immunity and Davis deserving of qualified immunity, we affirm in part and reverse in part. I. … authority, violated "clearly established statutory or constitutional rights of which a reasonable person would have known."

Kaminski v. Anderson

792 F. Supp. 2d 657 · District Court, W.D. New York · May 27, 2011

Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them to believe that … For purposes of qualified immunity, “[a] right is clearly established when the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right....