Case law

Evans v. City of San Diego

913 F. Supp. 2d 986 · District Court, S.D. California · Dec 19, 2012

“Government officials performing discretionary functions are entitled to qualified immunity from damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … For example, “qualified immunity is available if a reasonable police officer could have believed that his ... conduct was lawful, in light of the clearly established law- and the information” possessed by the officer at the

ESTATE OF CASSARA BY CASSARA v. State of Ill.

853 F. Supp. 273 · District Court, N.D. Illinois · May 19, 1994

In order to penetrate defendants’ shield of qualified immunity as government officials performing discretionary functions, plaintiff bears the burden of demonstrating that the defendants’ conduct violated clearly established … established and the state officials’ actions clearly illegal.

Donald Xiques v. Charme Knight

Court of Appeals of Tennessee · Aug 21, 2003

We conclude that the defendant, a state prosecutor, is entitled to qualified immunity because her statements did not violate “clearly established” federal law, a requirement for recovering … Plaintiff argues that the issues in these two cases are not identical, because the Sixth Circuit opinion merely dealt with the issue of qualified immunity, and whether or not defendant had violated “clearly established law

Huey B. Wright v. Harold Smith and Thomas A. Coughlin, III

21 F.3d 496 · Court of Appeals for the Second Circuit · Apr 6, 1994

Qualified Immunity The doctrine of qualified immunity shields state officials from liability where they did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known … Russell II, 15 F.3d at 233 (official protected by qualified immunity where no Supreme Court or Second Circuit cases clearly establish procedures required to make independent assessment of witness’s credibility). 3 D.

Pullin v. City of Canton

133 F. Supp. 2d 1045 · District Court, N.D. Ohio · Mar 9, 2001

Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (holding that qualified immunity shields state actors only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … seizures is, as a general matter, clearly established.

Jackson v. Dackman Co.

422 Md. 357 · Court of Appeals of Maryland · Oct 24, 2011

Thus, the application of traditional or well-established immunities from suit has been held not to violate Article 19. See, e.g., Rios v. … Preliminarily, it should be noted that the immunity granted to defendants by §§ 6-828, 6-835, 6-836, and 6-836.1 of the Act is not, in any respect, a traditional or well-established *381 immunity from personal injury actions

Metro. Dade County v. Chase Fed. Housing

705 So. 2d 674 · District Court of Appeal of Florida · Jan 28, 1998

The legislature established a fund and procedures for carrying out the necessary remedial measures. … The language of the immunity sections, see supra notes 2 and 3, is also comprehensive as to the preclusion of administrative and judicial action against those who qualify.

Morales v. Toledo

638 F. Supp. 2d 168 · District Court, D. Puerto Rico · Apr 27, 2009

Qualified Immunity 8 This Court will now discuss whether the doctrine of Qualified Immunity bars Plaintiffs claims against Colon. 9 Qualified immunity is a judge-made doctrine that “allows public officials to perform discretionary … taken violated that clearly established constitutional right.”

Ortega v. City of Kansas City, Kansas

659 F. Supp. 1201 · District Court, D. Kansas · Mar 18, 1987

Qualified Immunity. Defendants argue that the court erred in holding that the individual defendants were not entitled to the defense of qualified immunity. … We recognize that in the ordinary case, an official’s violation of clearly established state statutes does not deprive an official of qualified immunity. See Davis v.

Randi Hyatt v. Callahan County

843 F.3d 172 · Court of Appeals for the Fifth Circuit · Nov 18, 2016

“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … “A plaintiff seeking to overcome qualified immunity must show: ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’”

Swofford v. Eslinger

671 F. Supp. 2d 1289 · District Court, M.D. Florida · Nov 30, 2009

Swofford’s rights were not clearly established at the time of the alleged violation. … Swofford’s rights were clearly established. 471 U.S. 1 , 105 S.Ct. 1694 (1985). Mr.

Martinez-Baez v. Rey-Hernandez

394 F. Supp. 2d 428 · District Court, D. Puerto Rico · Jun 14, 2005

Healthy , qualified immunity, and Eleventh Amendment immunity. We discuss each. i. Mt. … The procedures regarding qualified immunity allow for judicial review, via certiorari, on the qualified immunity issue. Id. at 207, 121 S.Ct. 2151 .

Murphy v. AA Mathews

841 S.W.2d 671 · Supreme Court of Missouri · Dec 18, 1992

Although the language of Cutler did not explicitly limit the immunity to defamation cases, later English cases clearly establish its narrow applicability. … If one of those two requirements were lacking, the witness only enjoyed a qualified or conditional privilege, which could be vitiated by establishing malice. Id., 61 S.W. at 796 .

Thomas v. Arnold

696 F. Supp. 2d 882 · District Court, N.D. Ohio · Mar 18, 2010

Defendants argue they are entitled to qualified immunity. … Crooks Johnson held that an officer’s statement that he observed the plaintiffs car cross the center line was sufficient to establish probable cause and qualified immunity.

Brooks v. Whiteford

384 F. Supp. 3d 365 · District Court, W.D. New York · Jun 21, 2019

The Supreme Court has recently explained that when a court is deciding whether a defendant is entitled to qualified immunity, "the clearly established right must be defined with specificity," that the court should not "define … Thus, the fact that the right to be from excessive force, as a general principle, has long been clearly established is not dispositive of whether an individual defendant is entitled to qualified immunity.

Avery v. King

110 F.3d 12 · Court of Appeals for the Sixth Circuit · Apr 1, 1997

We disagree. 9 "Government officials performing discretionary functions are afforded qualified immunity, shielding them from civil damages, as long as their conduct 'does not violate clearly established statutory or constitutional … Therefore, Officer King was entitled to qualified immunity if " 'a reasonable officer could have believed [Avery's arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed

Iacobucci v. Town of Pembroke

193 F.3d 14 · Court of Appeals for the First Circuit · Oct 4, 1999

"Hence, state officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably … Hence, Boulter was not entitled to qualified immunity. III.

Terrell v. Petrie

763 F. Supp. 1342 · District Court, E.D. Virginia · May 17, 1991

QUALIFIED IMMUNITY This issue is the crux of Defendants’ motion to dismiss. The central question is whether Plaintiff can prove a violation of clearly established constitutional rights if allowed to go to trial. … If the Defendants acted reasonably, even if erroneously, they are entitled to qualified immunity. 1 Plaintiff claims Defendants violated three clearly established constitutional rights. They are considered in turn: 1.

COM., TRANSP. CABINET, DEPT. HWYS v. Sexton

256 S.W.3d 29 · Kentucky Supreme Court · Jun 19, 2008

An agency’s “routine duties” will typically be established by statutes or regulations that very clearly and specifically set forth those actions that the agency must take. 5 For example, in Collins we found that mine site … Since this was clearly a discretionary act, the Commonwealth has not waived sovereign immunity for any alleged negligence in performing this act.

Montgomery v. Conrad

District Court, M.D. Tennessee · Oct 20, 2022

When qualified immunity is raised in a motion to dismiss, the plaintiff’s allegations must “plausibly mak[e] out a claim that the defendant's conduct violated a constitutional right that was clearly established law at … established prong of the qualified immunity defense.