Case law

Jack G. Kelly v. Charles C. Foti, Jr., City of New Orleans, John Doe, and Jane Roe

77 F.3d 819 · Court of Appeals for the Fifth Circuit · Apr 29, 1996

Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law. … a qualified immunity defense.

Johnson v. Johnson

385 F.3d 503 · Court of Appeals for the Fifth Circuit · Sep 8, 2004

Moreover, they would be entitled to qualified immunity unless clearly established law showed that their response was insufficient. … If Johnson has indeed failed to allege a violation, then of course there can be no violation of clearly established law that would overcome qualified immunity. See Siegert, 500 U.S. at 232 , 111 S.Ct. 1789 .

Dingle v. District of Columbia

571 F. Supp. 2d 87 · District Court, District of Columbia · Aug 12, 2008

Qualified Immunity Defendants argue that they are entitled to qualified immunity with respect to both claims of false arrest. 5 Construing the facts in favor of plaintiffs deposition testimony, the Court finds the officers … Applying the two-part analysis to this action, it appears from this record that Officer Moore violated a clearly established right.

Ennis v. Lott

589 F. Supp. 2d 33 · District Court, District of Columbia · Dec 15, 2008

Individual Capacity With respect to the claims against him in his individual capacity, defendant Berry *36 argues that he is protected by qualified immunity “insofar as his ... conduct dues not violate clearly established … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Essalene Lambert v. City of Dumas

187 F.3d 931 · Court of Appeals for the Eighth Circuit · Aug 9, 1999

“Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which the reasonable person would have known.” Yowell v. … The Appellee alleges the violation of a clearly established constitutional right.

Butts v. City of Bowling Green

374 F. Supp. 2d 532 · District Court, W.D. Kentucky · Jun 23, 2005

“To overcome an officer’s entitlement to qualified immunity, however, a plaintiff must establish: (1) a substantial showing that the defendant stated a deliberate falsehood or showed reckless disregard for the truth and ( … violation was clearly established and whether, in light of the clearly established law, Detective Raley’s actions were unreasonable.

Hernandez-Cuevas v. Taylor

723 F.3d 91 · Court of Appeals for the First Circuit · Jul 17, 2013

jurisdiction only over qualified immunity appeal) … Martz and Taylor asserted the affirmative defense of qualified immunity in their Answer to Hernandez-Cuevas's complaint and filed a motion to dismiss arguing that they were entitled to qualified immunity on Hernandez-Cuevas's

Jacquelyn M. Chagnon v. Griffin Bell

642 F.2d 1248 · Court of Appeals for the D.C. Circuit · Oct 14, 1980

defense only in an area of “clearly established” law. … Rather, the question is whether the conduct complained of transgressed “clearly established” constitutional limits.

Brown v. Armenti

247 F.3d 69 · Court of Appeals for the Third Circuit · Apr 17, 2001

immunity, "the appealable issue is a purely legal one: whether the facts alleged . . . support a claim of violation of clearly established law." … "clearly established." 31 Behrens v.

Acevedo-Garcia v. Vera Monroig

30 F. Supp. 2d 141 · District Court, D. Puerto Rico · Nov 23, 1998

Therefore, Plaintiffs assert that Defendants are not immune from liability since their unconstitutional actions occurred when the law regarding patronage dismissals was “clearly established” in this Circuit. … In addition, the individual defendants are not entitled to qualified immunity as the right to be free from political discrimination and actual or constructive patronage dismissals was clearly established in the First Circuit

Hoyer v. DiCocco

457 F. Supp. 2d 110 · District Court, D. Connecticut · Sep 22, 2006

Qualified immunity is warranted if either (1) the official’s actions did *116 not violate clearly established law, or (2) even if the actions violated a clearly established law, the official was objectively reasonable in … Was the Violation Contrary to Clearly Established Law?

Torres ex rel. Estate of Torres v. Amato

22 F. Supp. 3d 166 · District Court, N.D. New York · May 16, 2014

Qualified immunity protects government officials from liability when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (holding that qualified immunity is not merely immunity from damages but also “immunity from suit”).

Solis-Alarcon v. United States

432 F. Supp. 2d 236 · District Court, D. Puerto Rico · May 17, 2006

Qualified Immunity Qualified immunity shields officials performing discretionary functions from civil liability for money damages when their conduct does not violate “clearly established” statutory authority or con *246 stitutional … understand that the challenged conduct violated the clearly established right at issue.

Davis v. Carroll

390 F. Supp. 2d 415 · District Court, D. Delaware · Sep 27, 2005

Whether Defendants are shielded from liability under the doctrine of qualified immunity A public official is entitled to qualified immunity if the official’s “conduct does not violate clearly established statutory or constitutional … If not, the inquiry ends, and the officer is entitled to qualified immunity. Id.

Creech v. Eckerd Corp.

56 Va. Cir. 407 · Norfolk County Circuit Court · Sep 18, 2001

Qualified Immunity Recently in Saucier v. Katz, the United States Supreme Court addressed the issue of qualified immunity. No. 991977 (June 18,2001). … If the right was not clearly established or it would not be clear to a reasonable officer, in the same situation, that his conduct was unlawful, a court is entitled to grant summary judgment based upon qualified immunity.

Palisano v. City of Clearwater

219 F. Supp. 2d 1249 · District Court, M.D. Florida · Aug 14, 2002

Under the doctrine of qualified immunity, governmental officials are shielded from “liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … defeating qualified immunity).

Bakos v. Roach

California Court of Appeal · Jan 29, 2025

Defendants cross-appeal, challenging the trial court’s conclusion that they lack qualified immunity. … entitlement to qualified immunity.

David W. Landrum v. Al Gomez

37 F.3d 1505 · Court of Appeals for the Ninth Circuit · Oct 5, 1994

II 5 When qualified immunity applies, the shield from section 1983 liability for damages will be lifted only if the party's conduct violates "clearly established statutory or constitutional rights of which a reasonable person … Landrum had a clearly established constitutional right to marry, see Turner v.

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.

Keller v. McElveen

744 So. 2d 643 · Louisiana Court of Appeal · Jun 2, 1999

Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), the United States Supreme Court discussed the concept of prosecutorial immunity in the context of a 42 U.S.C. § 1983 suit and concluded that the well-established … Qualified immunity ‘“represents the norm’ ” for executive officers ... so when a prosecutor “functions as an administrator rather than as an officer of the court” he is entitled only to qualified immunity.