Case law

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

Klein v. Madison

374 F. Supp. 3d 389 · District Court, E.D. Pennsylvania · Apr 10, 2019

Qualified Immunity: Excessive Force & Unlawful Search The defendants have asserted the affirmative defense of qualified immunity as to the plaintiff's section 1983 claims for excessive force and unlawful search. … The Officers have qualified immunity if their conduct "does not violate a clearly established statutory or constitutional right of which a reasonable person would have known." Pearson v.

Drendolyn Sims v. Mike Stanton

706 F.3d 954 · Court of Appeals for the Ninth Circuit · Dec 3, 2012

Qualified Immunity In a claim for civil damages under § 1983, to avoid the bar of qualified immunity, the plaintiff must show that the officer violated a constitutional right and that the right was “clearly established … That Welsh leaves open the possibility for a “rare” exception to this rule does not mean that the rule was not clearly established at the time and does not change our qualified immunity analysis.

Jones v. Wildgen

349 F. Supp. 2d 1358 · District Court, D. Kansas · Dec 14, 2004

To defeat qualified immunity, plaintiff must allege a clearly established right and allege that defendant violated it. The allegations, however, need not contain specific dates and times of each alleged infraction. … For purposes of qualified immunity, the next question is whether plaintiffs’ rights under the Fourth and Fourteenth Amendments were clearly established at the time of the alleged violations.

Copsey v. Swearingen

762 F. Supp. 1250 · District Court, M.D. Louisiana · Apr 23, 1991

Qualified Immunity Defendants next assert qualified immunity. … Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions assessed in light of clearly established law.

Richko Ex Rel. Horvath v. Wayne County

819 F.3d 907 · Court of Appeals for the Sixth Circuit · Apr 15, 2016

The doctrine of qualified immunity shields government officials from civil liability under § 1983 if “their conduct does not violate clearly established statutory or constitutional rights of No. 15-1524 … To determine whether an officer is entitled to qualified immunity, a court evaluates two independent prongs: whether the officer’s conduct violated a constitutional right, and whether that right was clearly established at

Perez v. United States

103 F. Supp. 3d 1180 · District Court, S.D. California · May 1, 2015

Government officials are entitled to qualified immunity unless the plaintiff can allege the violation of a “clearly established” constitutional right. Pearson v. … Defendant Fisher "moves to dismiss the SAC, but only as to the clearly-established prong of qualified immunity....” (ECF No. 65-1 at 9). .

Lundblad v. Celeste

924 F.2d 627 · Court of Appeals for the Sixth Circuit · Jan 31, 1991

The doctrine of qualified immunity, as defined in Harlow, supra at 818 , 102 S.Ct. at 2738 , shields officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus the law was not clearly established on the issue, and the doctrine of official immunity shields the defendants from civil damages. *629 Accordingly, the opinion of the Court in Lundblad v.

Hernandez v. Parker

508 P.3d 947 · New Mexico Court of Appeals · Feb 1, 2022

Sheriff Parker asserted qualified immunity as a defense to Plaintiff’s § 1983 claims. … Defendants’ invocation of qualified immunity shifted the “heavy burden” to Plaintiff to establish that (1) the facts demonstrated a violation of a constitutional right, and (2) the right at issue was clearly established at

Thelma Hall v. Missouri Highway & Transportation Commission, Ron Hopkins

235 F.3d 1065 · Court of Appeals for the Eighth Circuit · Dec 21, 2000

“Qualified immunity shields government officials from suit unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person would have known.” Yowell v. … In response, Hopkins maintains that he is entitled to qualified immunity because, once an employer engages the Pickering balancing test, the right cannot be clearly established.

Cullen v. Phillips

2001 Colo. J. C.A.R. 1809 · Colorado Court of Appeals · Apr 12, 2001

Defendants sought dismissal on several grounds including qualified immunity, laches, and failure to state a claim. … Once a defendant raises a qualified immunity defense, the plaintiff assumes the burden of showing that the defendant violated a clearly established constitutional or statutory right of which a reasonable person would have

Moss v. Kopp

505 F. Supp. 2d 1120 · District Court, D. Utah · Feb 16, 2007

; and accordingly, (3) the court need not address qualified immunity. … Because both orders clearly fall under his statutory authority, he would qualify for judicial immunity. Consequently, Defendants satisfy the first step of the quasi-judicial immunity analysis. 2.

Pham v. University of Louisiana at Monroe

194 F. Supp. 3d 534 · District Court, W.D. Louisiana · Jul 13, 2016

On the other hand, the clearly established prong does not necessarily require a case- “directly on point.” See Morgan v. … Jackson is entitled to qualified immunity. 2.Dr. El Sayed Dr. El Sayed is also entitled to qualified immunity.

Melton v. City of Oklahoma City

879 F.2d 706 · Court of Appeals for the Tenth Circuit · Jun 21, 1989

We hold that in so doing, Chief Gramling violated clearly established law and cannot claim the protection of qualified immunity on retrial. 3. … established law and qualified immunity may not be available to them.

Jaglowicz v. Bethel Township

178 F. Supp. 3d 262 · District Court, E.D. Pennsylvania · Apr 14, 2016

Qualified Immunity Chief Worrilow and the five township supervisors invoke qualified immunity. Ja-glowicz having conceded that Worrilow has no liability, we consider qualified immunity for the five township supervisors. … In other words, if we find that the alleged right was not clearly established, the inquiry ends and the official is entitled to qualified immunity.

Warren v. Coffee County Commission

942 F. Supp. 1412 · District Court, M.D. Alabama · Aug 9, 1995

Clearly Established Law The court now turns to the clearly established law prong of the qualified immunity test. … Qualified immunity is appropriate on the excessive force claim. B.

Mattos v. Agarano

590 F.3d 1082 · Court of Appeals for the Ninth Circuit · Jan 12, 2010

clearly established right. … The doctrine of qualified immunity shields the officers “from liability for civil damages [unless their conduct violated] clearly established statutory or constitutional rights of which a reasonable person would have known

Maresca v. County of Bernalillo

804 F.3d 1301 · Court of Appeals for the Tenth Circuit · Oct 22, 2015

On cross- motions for summary judgment, the district court held that the officers were entitled to qualified immunity because they had not violated clearly established Fourth Amendment standards. … Because the reasonableness inquiry overlaps with the qualified immunity 21  analysis, a qualified immunity defense is of less value when raised in defense of

Williams v. City of Albany

936 F.2d 1256 · Court of Appeals for the Eleventh Circuit · Jul 30, 1991

Lack of good faith may be proved by showing that the public official’s actions violated clearly established constitutional law. Hudgins v. … Plaintiff has failed to make a showing, sufficient to overcome the claim of qualified immunity, that defendants’ actions were of the type that a reasonable police investigator would know violated the suspect’s clearly established