Case law

Idoux v. Lamar University System

828 F. Supp. 1252 · District Court, E.D. Texas · Jul 13, 1993

Qualified Immunity The question of whether qualified immunity will protect an official is one of law for the Court to decide. Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-2816 , 86 L.Ed.2d 411 (1985). … To be entitled to qualified immunity, a governmental official must have been performing discretionary functions, and his conduct must not have violated clearly established statutory or constitutional rights of which a reasonable

State of Michigan v. Brandon McQueen

Michigan Supreme Court · Feb 8, 2013

’s immunity provision clearly contemplates that a registered qualifying patient’s medical use of marijuana only occur for the purpose of alleviating his own debilitating medical condition or symptoms associated with his … they are clearly erroneous.31 A ruling is clearly erroneous “if the reviewing court is left with a definite and firm conviction that the trial court made a mistake.”32 III.

Kovats v. Rutgers, The State University

822 F.2d 1303 · Court of Appeals for the Third Circuit · Jun 30, 1987

The Rutgers officials concede that were it clearly established that Rutgers’ regulations provide for de facto tenure by length of service, they would not be entitled to qualified immunity because Perry and Roth established … The court found that Varma’s claim implicated this clearly established law and, for that reason, denied Rutgers’ motion for summary judgment on the qualified immunity issue.

Dawn Green v. City of Southfield, Mich.

Court of Appeals for the Sixth Circuit · Dec 26, 2018

To avoid the qualified immunity defense, the plaintiff is required to plead facts demonstrating a violation of a constitutional right that is clearly established in a “particularized sense.” Johnson v. … Because the constitutional right to be free of discrimination because of race and/or sex and police “cover-ups” was clearly established, Defendants were not entitled to qualified immunity.

Estate of Henson v. Wichita County, Tex.

652 F. Supp. 2d 730 · District Court, N.D. Texas · Aug 4, 2009

The doctrine of qualified immunity protects government officials sued pursuant to § 1983 “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … In order to overcome the defense of qualified immunity, Plaintiffs must prove Dr. Bolin violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Gibson v.

Kenneth E. Hardy v. Jefferson Community College and Kentucky Community and Technical College System, Mary Pamela Besser and Richard Green

260 F.3d 671 · Court of Appeals for the Sixth Circuit · Aug 15, 2001

Green and Besser then filed a motion to alter or amend the district court’s ruling that they were not entitled to qualified immunity, asserting that “the right to free speech in the classroom setting is not clearly established … Standard of review The doctrine of qualified immunity shields government officials from liability, as well as from suit, so long as their official conduct “does not violate clearly established statutory or constitutional

Casines v. Murchek

766 F.2d 1494 · Court of Appeals for the Eleventh Circuit · Jul 29, 1985

Qualified Immunity The district court ruled that the appellants were not entitled to qualified immunity because Casines’s right to a pre-termi-nation hearing was clearly established at the time of her discharge. … Rather, she argues that appellants are not entitled to qualified immunity because their conduct violated clearly established state law.

Harvey v. Montgomery County

881 F. Supp. 2d 785 · District Court, S.D. Texas · Apr 30, 2012

“Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability ‘insofar as their conduct does not violate clearly established statutory or constitutional … The Deputies’ actions were simply not objectively unreasonable in light of clearly established law. Therefore, the Deputies are entitled to qualified immunity on Plaintiffs deliberate indifference to medical care claim.

Timothy Beers v. Jon Fouts et al.

2018 DNH 144 · District Court, D. New Hampshire · Jul 10, 2018

In granting defendant Forcier’s motion to dismiss and the remaining defendants’ motion for summary judgment on grounds of qualified immunity, this court determined that the law was not clearly established in December … Qualified Immunity Further, this court previously concluded that defendants are shielded by qualified immunity from plaintiff’s Fourth Amendment challenge to the group strip search.

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.

Sloman v. Tadlock

21 F.3d 1462 · Court of Appeals for the Ninth Circuit · Apr 14, 1994

Government officials such as police officers are not absolutely immune from suit, but rather only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The determination of qualified immunity necessitates three inquiries: (1) the identification of the specific right allegedly violated; (2) the determination of whether that right- was so “clearly established” as to alert

Carroll v. Henry County, Ga.

336 B.R. 578 · District Court, N.D. Georgia · Jan 23, 2006

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … “The threshold inquiry a court must undertake in a qualified immunity analysis is whether [the] plaintiffs allegations, if true, establish a constitutional violation.” Hope v.

Fleming v. Livingston County, Ill.

674 F.3d 874 · Court of Appeals for the Seventh Circuit · Mar 28, 2012

Qualified Immunity The question of whether Turner actually had probable cause to arrest Fleming is separate from the question relating to qualified immunity.3 “Qualified immunity 3 Fleming asserts that “the court’s … immunity defense.5 As we have stated before, “[c]onsulting a prosecutor may not give an officer absolute immunity from being sued for false arrest, but it goes far to establish qualified immunity.

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.”

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[.]”

Walker ex rel. T.W. v. City of New York

63 F. Supp. 3d 301 · District Court, E.D. New York · Dec 5, 2014

Defendants Robinson and White Are Entitled to Qualified Immunity 1) Caseworker Qualified Immunity “Immunity ordinarily should be decided by the court long before trial.” Hunter v. … Individual government actors performing discretionary tasks are entitled to qualified immunity if: “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant

Winder v. Gallardo

118 F.4th 638 · Court of Appeals for the Fifth Circuit · Sep 27, 2024

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 reasonable person would have known … We decline Appellants’ invitation to upend qualified immunity. Before delving into their case’s substance, Appellants first request that we upend qualified immunity outright.

Green v. Security Assurance Management

District Court, District of Columbia · Dec 11, 2024

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable … The “clearly established” prong of qualified immunity “means that, at the time of the officer’s conduct, the law was ‘sufficiently clear’ that every ‘reasonable official would understand that what he is doing’ is unlawful

Eagleston v. County of Suffolk

790 F. Supp. 416 · District Court, E.D. New York · Apr 22, 1992

Qualified Immunity Qualified immunity shields governmental officials performing discretionary functions from civil liability if the conduct complained of “does not violate clearly established statutory or constitutional rights … Whether an official is protected by qualified immunity is determined by the objective reasonableness of the action, “assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

Williams v. Pollard

44 F.3d 433 · Court of Appeals for the Sixth Circuit · Jan 25, 1995

In order to survive a motion for summary judgment based on qualified immunity, plaintiffs must effectively pass two hurdles: First, the allegations must state a claim of the violation of clearly established law. … Pollard is, therefore, entitled to qualified immunity as a matter of law. III.