Case law

DeHart v. Lehman

9 F. Supp. 2d 539 · District Court, E.D. Pennsylvania · Jun 23, 1998

from suit under the doctrine of qualified immunity; and D) Plaintiff was not denied equal protection of the law. 3 Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary … Where a defendant asserts a qualified immunity defense in a motion for summary judgment, the plaintiff bears the initial burden of showing that the defendant’s conduct violated some clearly established constitutional right

Potter v. Board of Regents

Nebraska Supreme Court · Mar 21, 2014

. § 20-148 (Reissue 2012) and that the managers are protected by qualified sovereign immunity because the alleged violation was not clearly established. … As to Bockstadter and Losee, the court found that the constitu- tional right allegedly violated had not been clearly established and that thus, the claim was barred by qualified immunity.

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.”

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.

Hunter v. Heath

95 F. Supp. 2d 1140 · District Court, D. Oregon · Apr 11, 2000

Whether defendants are entitled to a qualified immunity defense requires a two-part analysis: “1) Was the law governing the official’s conduct clearly established? … Analysis Defendants make only one argument in favor of qualified immunity, namely that they did not violate Hunter’s clearly established constitutional rights.

Jeffers v. Gomez

240 F.3d 845 · Court of Appeals for the Ninth Circuit · Feb 20, 2001

Determining whether a public official is entitled to qualified immunity “requires a two-part inquiry: (1) Was the law governing the state official’s conduct clearly established? … The district court correctly determined that the first prong of the qualified immunity inquiry—whether the law governing Appellants’ conduct was clearly established—had been met.

Rossignol v. Voorhaar

321 F. Supp. 2d 642 · District Court, D. Maryland · May 5, 2004

to summary judgment based on qualified immunity. 4 Qualified immunity is a doctrine that shields government officials performing discretionary functions from liability for civil damages when “their conduct does not violate … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Andrews v. Ring

266 Va. 311 · Supreme Court of Virginia · Sep 12, 2003

The undisputed facts subject to proper consideration by the trial court upon motions for summary judgment on this issue clearly establish that Andrews and Cox seek damages for injury to personal reputation and employment … Qualified Immunity In the alternative, Ring maintains that if he is not entitled to quasi-judicial immunity, he is, nonetheless, entitled to the same qualified immunity extended to police officers for actions taken

John Paff v. George Kaltenbach

204 F.3d 425 · Court of Appeals for the Third Circuit · Feb 28, 2000

Fields, 178 F.3d 170, 174 (3d Cir. 1999). 17 A court presented with a claim of qualified immunity must examine both the law that was clearly established at the time of the alleged violation and the facts available to the … a right to leaflet peacefully where they were. 59 When an officer violates clearly established law and the facts reasonably known by the officer indisputably show that the officer's conduct was illegal, qualified immunity

Robinson v. Cook

863 F. Supp. 2d 49 · District Court, D. Massachusetts · Mar 21, 2012

“[T]he second, ‘clearly established,’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado v. Fontanes, 568 F.3d 263, 269 (1st Cir.2009). … Whether the Constitutional Right was Clearly Established The defendants argue that even if Mario’s constitutional rights were violated, they are entitled to qualified immunity because that right was not clearly established

kenney v. davidson

Vermont Superior Court · Feb 29, 2024

Qualified Immunity Defendants seek dismissal on the grounds that they are protected by qualified immunity. … Thus they are not entitled to qualified immunity on a motion to dismiss.

Nathan Rinne v. Camden County

65 F.4th 378 · Court of Appeals for the Eighth Circuit · Apr 13, 2023

Hasty moved to dismiss on the basis of qualified immunity. … A public official enjoys qualified immunity from suit under 42 U.S.C. § 1983 unless a plaintiff shows that the official’s alleged conduct violated one of the plaintiff’s clearly established constitutional rights.

Watenza v. City of Dayton, 21984 (2-22-2008)

2008 Ohio 749 · Ohio Court of Appeals · Feb 22, 2008

In addition, the defendants argued that the officers were entitled to qualified immunity and that Appellant failed to establish a § 1983 complaint against the City. … Qualified immunity raised as a defense 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

Stephen Hanes v. Thomas Zurick

Court of Appeals for the Seventh Circuit · Aug 18, 2009

the court indicated that the right was clearly established. … was not clearly established at the time of the alleged conduct.

Boyd v. Arnone

48 F. Supp. 3d 210 · District Court, D. Connecticut · Sep 30, 2014

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 … right was clearly established at the time of the challenged conduct.

Mara v. Rilling

921 F.3d 48 · Court of Appeals for the Second Circuit · Apr 9, 2019

But  even  if  the  answer  is  yes,  or  not  definitively  no,  a  defendant  may  still  be  entitled  to  qualified  immunity  if  the  right  was  not  clearly  established  at  the  time  of  his  challenged actions … The district court still needed to address the second qualified  immunity  inquiry,  i.e.,  whether  the  rights  at  issue  were  clearly  established  in  the  context  presented,  such  that  every  reasonable  officer

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.

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.

Rodriguez v. Lockheed Martin Corp.

627 F.3d 1259 · Court of Appeals for the Ninth Circuit · Nov 30, 2010

We have accepted interlocutory appeals under the collateral order doctrine where the issue is a sovereign’s absolute immunity from suit and where qualified immunity is at issue. See, e.g., Paine v. … Con- sistent with our prior decisions, we hold that the government contractor defense does not confer absolute or qualified immunity.

Williams v. Goldsmith

4 F. Supp. 2d 1112 · District Court, M.D. Alabama · Apr 29, 1998

The Clearly Established Law. In Jenkins v. … immunity, which turns on whether the officer violated clearly established law.