Case law

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.

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.

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.

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.

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

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

Charles F. Finsel v. Thomas Cruppenink, in His Individual and Official Capacities as Vermilion County Deputy Sheriff

326 F.3d 903 · Court of Appeals for the Seventh Circuit · Apr 21, 2003

Cruppenink filed a motion for summary judgment based on qualified immunity as to his entry into the motel room. … The deputy’s motion for qualified immunity was also denied. That decision is the *906 subject of this appeal.

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.”

Bliss v. Franco

446 F.3d 1036 · Court of Appeals for the Tenth Circuit · Apr 25, 2006

right was clearly established when the alleged violation occurred.” … Trask satisfy their burdens under the first two prongs of qualified immunity analysis. Their allegations under the Fourth Amendment, if true, establish a constitutional violation.

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.

Lutfi Saalim v. Walmart, Inc.

97 F.4th 995 · Court of Appeals for the Sixth Circuit · Apr 3, 2024

Qualified Immunity Bretzloff claims that he is entitled to qualified immunity on Saalim’s § 1983 Fourth Amendment claim against him. … entitling them to qualified immunity.

Johnson v. Bay Area Rapid Transit District

724 F.3d 1159 · Court of Appeals for the Ninth Circuit · Jul 30, 2013

The reasonable officer avoids committing acts that have been clearly established as unconstitutional—for example, handcuffing a prisoner to a fence for a long period of time—as well as other, similar acts, like handcuffing … We note that the specific quantum of force involved in using a Taser was not clearly established at the time that Pirone merely threatened its use, see Bryan v.

Cullinan v. Abramson

128 F.3d 301 · Court of Appeals for the Sixth Circuit · Dec 18, 1997

The grounds on which the defendants relied included both absolute immunity and qualified immunity. … Plaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights."

Business Leaders In Christ v. The University of Iowa

991 F.3d 969 · Court of Appeals for the Eighth Circuit · Mar 22, 2021

The court also granted the individual defendants’ motion for summary judgment based on qualified immunity because it concluded that the law was not clearly established. … Instead, the focus of this appeal is limited to whether, for purposes of qualified immunity, the law was clearly established that the individual defendants’ conduct violated those rights.

Penate v. Sullivan

73 F.4th 10 · Court of Appeals for the First Circuit · Jul 11, 2023

In the alternative, the district court found that Detective Sullivan was entitled to qualified immunity, because it was not clearly established that officers were required to either knock and announce in this situation … Qualified immunity shields government officials from civil damages "unless their conduct violated 'clearly established statutory or constitutional rights of which a reasonable person would have known.'" Lawless v.