Case law

Jean-Baptiste v. Gutierrez

680 F. Supp. 2d 1318 · District Court, S.D. Florida · Jan 13, 2010

The Court of Appeals for the Eleventh Circuit has held that in this Circuit the law can be “clearly established” for qualified immunity purposes, “only by decisions of the U.S. … to qualified immunity.

Turner v. Huibregtse

421 F. Supp. 2d 1149 · District Court, W.D. Wisconsin · Mar 22, 2006

Qualified Immunity Defendants Mickelson and Esser contend that they are entitled to qualified immunity because their conduct in the course of plaintiffs search did not violate any of plaintiffs clearly established constitutional … I conclude that plaintiffs claims against defendants Mickelson and Esser are not barred by the doctrine of qualified immunity.

Robert Pachaly, Jr. v. City of Lynchburg R.D. Viar William G. Petty, and Commonwealth of Virginia

897 F.2d 723 · Court of Appeals for the Fourth Circuit · Mar 2, 1990

A government official performing a discretionary function does so clothed with qualified immunity shielding him from civil liability as long as his actions do not violate clearly established tenets of constitutional law. … judgment for the defendant on the ground that even under the defendant’s version of the facts the defendant's conduct violated clearly established law, whether the law clearly proscribed the actions the defendant claims

Eastland County Cooperative Dispatch, Clay Coffey, Wayne Bradford, Ken Wheeler, and Gerald Cozart v. Elnor Maxine Poyner, Individually and as Independent of the Estate of William Euell Poyner, and as Sole Heir of William Euell Poyner

Texas Court of Appeals, 11th District (Eastland) · Oct 25, 2001

The motions for summary judgment implicated the doctrines of sovereign immunity, official immunity, and qualified immunity. … Was that general prohibition the source for clearly established law which the officers violated in this case?

Wolfel v. Morris

972 F.2d 712 · Court of Appeals for the Sixth Circuit · Aug 18, 1992

Government officials who perform discretionary functions and whose conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known are entitled to qualified immunity … In a case decided before the qualified immunity doctrine was firmly established in Harlow , our Circuit held that immunity was available to “a prison official who relies on a facially valid regulation unless he knows or should

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.

Clemmons v. Armontrout

477 F.3d 962 · Court of Appeals for the Eighth Circuit · Feb 12, 2007

Qualified Immunity 10 We review de novo the district court's denial of qualified immunity to Investigator Brooks. McClendon v. … To determine whether a right is "clearly established," we ask "whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted."

Robertson (ID 76205) v. Lee

District Court, D. Kansas · Jul 8, 2019

right was clearly established.” … A dispositive motion based on qualified immunity places the occurred and that the right was clearly established when the violation occurred. Green v.

Muslim v. Frame

897 F. Supp. 215 · District Court, E.D. Pennsylvania · Aug 23, 1995

Whether the Defendants Are Entitled to Qualified Immunity Defendants’ final argument is that summary judgment should be granted because they are entitled to qualified immunity. … Qualified immunity protects governmental officers from damages claims when their alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Evans v. Morgan

304 F. Supp. 2d 1100 · District Court, W.D. Wisconsin · Sep 25, 2003

Defendant contends both that plaintiff has failed to allege sufficient facts to state a claim for a violation of due process and that defendant is entitled to qualified immunity because he did not violate a clearly established … Qualified Immunity Defendant contends that plaintiffs claim should be dismissed because defendant is entitled to qualified immunity. The qualified immunity analysis is a two-step inquiry.

Muzychka v. Tyler

563 F. Supp. 1061 · District Court, E.D. Pennsylvania · Apr 18, 1983

Judith Tyler, a Special Agent of the Federal Bureau of Investigation (“FBI”) has moved for summary judgment claiming she is immune from liability on the grounds of qualified immunity. … Clearly, an FBI agent’s decision whether to stop and search a suspect is a discretionary function entitling the agent to the defense of qualified immunity. See, e.g., Druckenmiller v.

DelMonico v. Traynor

38 Fla. L. Weekly Supp. 106 · Supreme Court of Florida · Feb 14, 2013

A qualified privilege requires the plaintiff to establish express malice. … Cole, 950 So.2d 380, 383 (Fla.2007), characterized Myers as establishing “the principle of the litigation privilege in Florida, essentially providing legal immunity for actions that occur in judicial proceedings.”

Armstrong v. City of Greensboro

190 F. Supp. 3d 450 · District Court, M.D. North Carolina · Jun 6, 2016

They also argue for *464 dismissal based on qualified immunity, asserting Plaintiff failed to plead sufficiently that Daughtry deprived him of his “clearly established constitutional rights.” … An officer is not entitled to qualified immunity if he has violated a clearly established constitutional right. See Pearson, 555 U.S. at 232 , 129 S.Ct. 808 .

Fairchild v. Coryell Cty

40 F.4th 359 · Court of Appeals for the Fifth Circuit · Jul 14, 2022

IV The jailers, however, can assert qualified immunity. They are liable for unlawful conduct only if their actions violated “clearly established” constitutional rights. Pearson v. … Timpa, 20 F.4th at 1028–29 (explaining that qualified immunity may provide a defense at the early stages of an encounter but not later stages when the continued use of force violates clearly established law); Aguirre

Perry, Peary v. the City of Houston and George Greanias

Texas Court of Appeals, 1st District (Houston) · Dec 27, 2002

Government officials performing discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have … in light of the clearly established rights.

Pace v. City of Palmetto

489 F. Supp. 2d 1325 · District Court, M.D. Florida · Jun 12, 2007

In this Circuit, the law may be “clearly established” for qualified immunity purposes only by opinions from the United States Supreme Court, the Eleventh Circuit Court of Appeal, or the highest court of the state in whose … Therefore, based on the particular *1336 factual circumstances in which Ahler acted and the lack of “clearly established” case law, this Court concludes that Ahler is entitled to qualified immunity on Pace’s § 1983 claim.

Gennusa v. Shoar

879 F. Supp. 2d 1337 · District Court, M.D. Florida · Jul 17, 2012

Defendants further assert that, even if the recording violated plaintiffs’ rights, qualified immunity applies because those rights were not clearly established. … Moreover, defendants are not entitled to qualified immunity because their actions violated plaintiffs’ clearly established rights.

Aitken v. Reed

89 Wash. App. 474 · Court of Appeals of Washington · Jan 16, 1998

Qualified Immunity for Section 1983 Property Interest Claim The State contends that even if Reed failed to provide Aitken a hearing as required by due process, she is protected by qualified immunity. … She is, therefore, entitled to qualified immunity on Aitken’s due process claim.

Nicol v. Auburn-Washburn USD 437

231 F. Supp. 2d 1092 · District Court, D. Kansas · Nov 1, 2002

Qualified Immunity Qualified immunity protects state actors from liability when acting within the scope of their employment. … Ordinarily, for a law to be clearly established, “there must be a Supreme Court or Tenth Circuit decision" on point, or the clearly established weight of authority from other courts must have found the law to be as the plaintiff

Mercado v. City of Orlando

323 F. Supp. 2d 1266 · District Court, M.D. Florida · Jun 24, 2004

Scherer, 468 U.S. 183, 194 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (holding, in the context of “clearly established law,” that “[o]fficials sued for constitutional violations do not lose their qualified immunity merely because … The Court thus, finds that the law was not clearly established and that. Officer Padilla and Officer Rouse, as his supervising officer, are entitled to qualified immunity.