Case law

James 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

MacE 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

Timothy Ryan v. Burlington County, New Jersey, and Burlington County, Harold Colburn, Jr., Michael J. Conda, Catherine A. Costa, Henry J. Metzger, Robert C. Shinn, Michael J. Hogan, and Burlington County Solicitor's Office, Defendants/third Party v. Maurice Scott, Third Party and John Bradman, Individually and Officially as Warden of Burlington County Jail, Defendants/third Party v. Maurice Scott, Third Party Appeal of Harold Colburn, Jr., Michael Conda, Catherine H. Costa, Henry J. Metzger and Robert C. Shinn, Jr

889 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.

Anastasio 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.

Houck 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.

Coburn v. Nordeen

206 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

Timothy 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.”

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.

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.

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 .

Wilkinson v. Torres

610 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

Morales v. New York

22 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 .

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.

Nathan Rice v. Reliastar Life Insurance Co.

770 F.3d 1122 · Court of Appeals for the Fifth Circuit · Oct 27, 2014

Qualified immunity is a two-prong analysis. … The Supreme Court has explained that the clearly established standard incorporates an objective reasonableness inquiry: To be “clearly established” for purposes of qualified immunity, “[t]he contours of the right

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.

Tachiquin v. Stowell

789 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?

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.

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

L.R. v. School District

60 F. Supp. 3d 584 · District Court, E.D. Pennsylvania · Nov 20, 2014

doctrine of qualified immunity. … The qualified immunity analysis involves two steps: “(1) whether the plaintiff alleged sufficient facts to establish the violation of a constitutional right, and (2) whether the right was ‘clearly established’ at the time

Adkins v. Rodriguez

59 F.3d 1034 · Court of Appeals for the Tenth Circuit · Jul 6, 1995

Having raised the defense of qualified immunity, defendant then places the onus on the plaintiff to establish defendant has violated a clearly established law. Hovater v. Robinson, 1 F.3d 1063, 1066 (10th Cir.1993). … Because qualified immunity is an affirmative defense to a section 1983 action, providing immunity from suit from the outset, we have stated, "[t]he question of qualified immunity therefore dovetails almost precisely with