Case law

Wynn v. City of Lakeland

727 F. Supp. 2d 1309 · District Court, M.D. Florida · Jul 20, 2010

“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 … To receive qualified immunity protection, the government official must first establish that he was acting within his discretionary authority at the time of the alleged violation. Cottone v.

Clerkley v. Holcomb

121 F.4th 1359 · Court of Appeals for the Tenth Circuit · Nov 26, 2024

Our review is thus confined to qualified immunity’s two prongs: whether the facts “suffice to show a legal violation” and “whether that law was clearly established at the time of the alleged violation.” Id. … The district court correctly denied him qualified immunity, so we affirm. 8 Holcomb finally argues that the district court erred by implying that a jury could decide the issue of clearly established law

Terrell v. Harris County

115 F.4th 356 · Court of Appeals for the Fifth Circuit · Jul 9, 2024

The district court granted qualified immunity to the deputy who was not accused of sexual assault. On appeal, Terrell fails to establish that the deputy violated a clearly established constitutional right. … In sum, Terrell failed to show a clearly established violation of her rights. The district court correctly granted qualified immunity to Cannon. b.

Anilao v. Spota

774 F. Supp. 2d 457 · District Court, E.D. New York · Mar 31, 2011

Legal Standard If absolute immunity does not apply, government actors may be shielded from liability for civil damages by qualified immunity, ie., if their “conduct did not violate plaintiffs clearly established rights, or … Cnty. of Suffolk, 316 F.3d 368, 385 (2d Cir.2003); see also Fielding, 257 Fed.Appx. at 401 (“The police officers, in turn, are protected by qualified immunity if their actions do not violate clearly established law, or it

Cynthia Archer v. John Chisholm

870 F.3d 603 · Court of Appeals for the Seventh Circuit · Aug 29, 2017

It  granted  the  Investigators’  motion  for  judgment  on  the  pleadings on qualified immunity grounds and noted that the  Prosecutors also were entitled to qualified immunity.  …  right that was clearly established at the time of  the challenged conduct.” 

Hedrick v. Roberts

183 F. Supp. 2d 814 · District Court, E.D. Virginia · Sep 27, 2001

Qualified Immunity State actors, such as prison officials performing discretionary functions, enjoy qualified immunity if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In determining whether a state actor is entitled to qualified immunity, a court “must (1) identify the right allegedly violated, (2) determine whether the constitutional right was clearly established at the time of the incident

Arkansas Department of Environmental Quality v. Al-Madhoun

374 Ark. 28 · Supreme Court of Arkansas · Jun 19, 2008

The circuit court further ruled that qualified immunity did not apply to the individual defendants because there was an exception to qualified immunity for malicious acts and intentional torts under Ark. … In response, Appellees assert that the employees are not entitled to qualified immunity in their individual capacities.

Leticia Rudolph v. Daniel Babinec

939 F.3d 742 · Court of Appeals for the Sixth Circuit · Sep 20, 2019

Qualified immunity shields government officials from individual liability if they did not violate a clearly established right “of which a reasonable person” in the same situation would have known. Harlow v. … is clearly established” (emphasis added)).

Richards v. Metropolitan Police Department Officer Jennifer Gelsomino

240 F. Supp. 3d 173 · District Court, District of Columbia · Mar 3, 2017

“The doctrine of 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 … On the facts as currently alleged, then, Gelsomino is not entitled to qualified immunity because she violated a clearly established constitutional right when she arrested Richards without a warrant or probable cause.

Albert Flenner and William Glover v. Michael F. Sheahan

107 F.3d 459 · Court of Appeals for the Seventh Circuit · Feb 12, 1997

The district court granted his motion, holding that Sheriff Sheahan was entitled to qualified immunity because the law concerning patronage dismissal of corree 1 tional officers was not clearly established in 1993, the time … “The defense of qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Holley v. COUNTY OF ORANGE, NY

625 F. Supp. 2d 131 · District Court, S.D. New York · Jan 14, 2009

Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Thus, 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

Fares v. U.S. Immigration & Naturalization Service

29 F. Supp. 2d 259 · District Court, W.D. North Carolina · Oct 27, 1998

Qualified Immunity Individual Defendants argue that, at the very least, they are all shielded from Plaintiffs’ Bivens claims by qualified immunity. … The doctrine of qualified immunity holds that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Reed v. Garden City Union Free School District

987 F. Supp. 2d 260 · District Court, E.D. New York · Dec 16, 2013

Qualified immunity protects an official from civil liability if their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Taravella v. … When evaluating whether qualified immunity applies, the court must engage in a two-part inquiry: 1) whether the constitutional right has been violated; and 2) whether that right was clearly established at the time of the

A.M. ex rel. Law v. Grant

889 F. Supp. 1495 · District Court, M.D. Alabama · Jun 21, 1995

Under this test, public officials performing discretionary functions which would objectively appear to be within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … The Eleventh Circuit recently explained that [flor the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context

Smith v. Norton Hospitals, Inc.

488 S.W.3d 23 · Court of Appeals of Kentucky · Mar 4, 2016

immunity. … established under the law.

Jamie Hamilton v. Gary T. Myers, Executive Director of the Tennessee Wildlife Resources Agency

281 F.3d 520 · Court of Appeals for the Sixth Circuit · Apr 10, 2002

Accordingly, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be insulated by qualified immunity. … Thus, even if a public officer has deprived the plaintiff of a federal right, qualified immunity will apply if an objectively reasonable official would not have understood, by referencing clearly established law, that his

Henderson Amusement, Inc. v. Good

172 F. Supp. 2d 751 · District Court, W.D. North Carolina · Nov 2, 2001

Even if this officer’s purported conduct had violated a clearly established rule of law (which no one can argue that it did), he would still be entitled to immunity if he reasonably believed his conduct was lawful. … If it is undisputed that the right allegedly violated was clearly established at the time, the defendant asserting a qualified-immunity defense may still be immune from damages for violation of that right if, under the circumstances

Ellis v. City of Indianapolis

800 F. Supp. 733 · District Court, S.D. Indiana · Jul 24, 1992

clearly established. … Qualified Immunity Defense Applies to Wynalda’s Conduct The question whether qualified immunity attaches to an officer’s conduct is always one for the judge to decide. Simkunas v.

Jones v. Pandey

390 F. Supp. 2d 1371 · District Court, M.D. Georgia · Jul 14, 2005

On the other hand, if a violation could be made out on a favorable view of the parties’ submissions, the next sequential step is to ask whether the right was “clearly established” because qualified immunity inquiries have … In the Eleventh Circuit, for a right to be “clearly established” for purposes of qualified immunity, “the law must have earlier been developed in such a concrete *1377 and factually defined context to make it obvious to all

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.