Case law

Hawley v. Nelson

968 F. Supp. 1372 · District Court, E.D. Missouri · Apr 4, 1997

Qualified immunity is available (1) if the law as it relates to the relevant facts was not clearly established or (2) if a reasonable official could have believed the alleged conduct was lawful in light of the clearly established … clearly established and defendants are entitled to at least qualified immunity from suit.

Justin Parsons v. City of Pontiac

Court of Appeals for the Sixth Circuit · Jul 22, 2008

But under § 1983, “an arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information … Detectives Martin and McKinney, however, are entitled to qualified immunity unless their actions “were objectively unreasonable in light of the clearly established right.” See id.

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.

Martinez v. City Of Schenectady

115 F.3d 111 · Court of Appeals for the Second Circuit · May 13, 1997

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,' Harlow v. … established federal rights. 54 The district court's order denying the defendants' motion for summary judgment on the ground of qualified immunity is reversed.

Watson v. City of Kansas City

185 F. Supp. 2d 1191 · District Court, D. Kansas · Nov 21, 2001

. • Qualified Immunity Qualified immunity protects state actors from liability when acting within the scope of their employment. … The Supreme Court has established a two-part approach to determine if qualified immunity applies.

Jennings v. Patton

635 F.3d 655 · Court of Appeals for the Fifth Circuit · Mar 9, 2011

B The doctrine of qualified immunity protects public officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … immunity, inquiring: (1) whether the facts that the plaintiff has alleged make out a violation of a constitutional right; and (2) whether the right at issue was “clearly established” at the time of the defendant’s alleged

Ledvina v. Cerasani

213 Ariz. 569 · Court of Appeals of Arizona · Oct 31, 2006

reports in the public interest, a situation clearly not present here. … A qualified privilege is inadequate under the circumstances....

MacDonald v. Angelone

69 F. Supp. 2d 787 · District Court, E.D. Virginia · Sep 2, 1999

The doctrine of good faith qualified immunity shields government employees performing discretionary functions from civil liability unless their conduct violates “clearly established statutory or constitutional rights of which … Second, courts must determine whether the right is clearly established. See id. (citing Collinson, 895 F.2d at 998 ).

James F. Robinson v. Solano County Brian Cauwells, Solano County Sheriff's Deputy Officer Gary Faulkner, Solano County Sheriff's Deputy Officer

218 F.3d 1030 · Court of Appeals for the Ninth Circuit · Jul 12, 2000

Qualified immunity “ ‘shield[s] [government agents] 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 … Layne, 526 U.S. 603, 615 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (“ ‘clearly established’ ” for purposes of qualified immunity does not mean that “ ‘an official action is pro *1036 tected by qualified immunity unless the

Nassau County Department of Social Services v. R.B.

23 Misc. 3d 270 · New York City Family Court · Dec 18, 2008

To qualify for an exemption respondent must first demonstrate that she holds a religious belief that is contrary to immunization. … The testimony of the DSS caseworker clearly established that the three children have never been immunized.

Falkiewicz v. City of Westland

25 F. Supp. 2d 783 · District Court, E.D. Michigan · Oct 26, 1998

Defendants claim that they are entitled to qualified immunity because they did not violate any clearly established rights. 4 Standard of Review Qualified Immunity Defendants rely upon the doctrine of qualified immunity to … Under the qualified immunity doctrine, “government officials pferforming discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

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.

HILL v. JACKSON Et Al.

336 Ga. App. 679 · Court of Appeals of Georgia · Mar 24, 2016

When a party moves for summary judgment on the basis of qualified immunity, that party bears the burden of establishing that he was entitled to the protection of said immunity. Jobling, supra at 488 (2) (a). … Moreover, the contract itself clearly establishes the duties of CMA and its employees.

Tiramani v. Johnson

307 F. Supp. 3d 31 · District Court, D. Connecticut · Feb 8, 2018

I agree that the defendants are protected by qualified immunity. … There was no "clearly established" law prohibiting warrantless entry in similar circumstances in the absence of a sign of a break-in.

Rittenhouse Entertainment, Inc. v. City of Wilkes-Barre

District Court, M.D. Pennsylvania · May 7, 2021

they therefore fail to establish qualified immunity. … Nevertheless, the court still concludes that O’Hara and McGonigle are entitled to qualified immunity because, as detailed above, the right at issue in this case was not clearly established at the time of the facts of this

Gary Thompson v. Andy Shock

852 F.3d 786 · Court of Appeals for the Eighth Circuit · Mar 28, 2017

The district court determined that Thompson’s claimed First Amendment right was not clearly established under the Pickering–Connick test, granted qualified immunity to Sheriff Shock in his individual capacity, and dismissed … Qualified Immunity Qualified immunity shields a government official acting in his individual capacity from liability “unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable

Charles E. Johnson v. Dan Schneiderheinz, Individually and as Sheriff of Merrick County, Nebraska, County of Merrick, Nebraska

102 F.3d 340 · Court of Appeals for the Eighth Circuit · Jan 7, 1997

The sheriff moved for summary judgment on the basis of qualified immunity. … Government officials are qualifiedly immune from liability in civil actions to the extent their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Idoux v. Lamar University System

828 F. Supp. 1252 · District Court, E.D. Texas · Jul 13, 1993

Qualified Immunity The question of whether qualified immunity will protect an official is one of law for the Court to decide. Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-2816 , 86 L.Ed.2d 411 (1985). … To be entitled to qualified immunity, a governmental official must have been performing discretionary functions, and his conduct must not have violated clearly established statutory or constitutional rights of which a reasonable

Johnson v. Wilson

District Court, District of Columbia · Mar 20, 2024

A court should not define “clearly established law at a high level of generality,” id. … Officer Dorghoud is not entitled to relief on Counts I, III, or IV Even considering the body-worn camera footage, Officer Dorghoud has not established his entitlement to qualified immunity or qualified privilege

Adeyemi v. Office of General Counsel for Booth Police Officers, National Security Agency

District Court, D. Maryland · Dec 20, 2021

Adeyemi has not alleged facts amounting to a violation of the Fourth Amendment or any other “clearly established” constitutional right, the booth police officers would be entitled to qualified immunity as to his claims … Vill. of Pinehurst, 810 F.3d 892, 907 (4th Cir. 2016) (“Qualified immunity shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional