Case law

Carr v. Tatangelo

338 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Jul 23, 2003

Under qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … and, if so, whether they had “fair warning” under clearly established law that their conduct was unconstitutional.

Kinkus v. Village of Yorkville

476 F. Supp. 2d 829 · District Court, S.D. Ohio · Mar 13, 2007

Next, the Court must determine whether Plaintiffs rights under the First and Four Amendments are “clearly established” in this case for purposes of qualified immunity. … Rather than directing his argument to the second step of the qualified immunity analysis, the “clearly established” prong, Officer Popp focuses all of his arguments on the first prong. None of these arguments is novel.

Vassallo Ex Rel. K v. v. Lando

591 F. Supp. 2d 172 · District Court, E.D. New York · Oct 31, 2008

Legal Standard “Qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The Second Circuit has held that under the doctrine of qualified immunity, “a right is clearly established if (1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the

Leary v. Livingston County

528 F.3d 438 · Court of Appeals for the Sixth Circuit · Jun 10, 2008

As to Stone, we affirm the district court’s denial of qualified immunity; as to McGuekin, we reverse the district court’s denial of qualified immunity because the force used was de minimis. *441 I. … To overcome a qualified-immunity defense in the setting of a constitutional tort, a plaintiff must establish (1) that the defendant violated a “constitutional right” and (2) that the right “was clearly established.”

Gaztambide v. Gaztambide

794 F. Supp. 451 · District Court, D. Puerto Rico · May 20, 1992

Kaiter specifically held that: the issue of immunity must be subject to one interlocutory appeal in order to establish the defendant’s right to avoid trial altogether. … the issue of qualified immunity.

Swartwood v. County of San Diego

84 F. Supp. 3d 1093 · District Court, S.D. California · Sep 30, 2014

Qualified immunity. … Defendants argue that Bryson and Curiel are entitled to qualified immunity because the governing law was not clearly established when R.S. and D.S. were removed. (De/s.’ MSJ, p. 12.)

Avery v. King

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

“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 rights … 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

Milfort v. Prevete

922 F. Supp. 2d 398 · District Court, E.D. New York · Feb 13, 2013

A qualified immunity defense is established if “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law … Because there is “no question that [these rights] were clearly established at the time of the incident,” a point that Defendants concede, Defendants’ actions are protected by qualified immunity only if it was objectively

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.

Hendon v. City of Piedmont

163 F. Supp. 2d 1316 · District Court, N.D. Alabama · Sep 11, 2001

.-, 121 S.Ct. 2151 (2001), where the Supreme Court held that qualified immunity should be granted on the excessive force claim in that case because the plaintiff had not “identified any case demonstrating a clearly established … The panel found that the police officer was entitled to qualified immunity because it was not clearly established that the amount of force he used was unlawful.

Martel v. Metropolitan District Commission

275 Conn. 38 · Supreme Court of Connecticut · Aug 16, 2005

Because the parties in the present matter assume that the immunity provided by § 52-557n (a) (2) (B) is identical to a municipal employee’s qualified immunity for discretionary acts at common law, we also assume, without … and qualified immunity; (2) the immunity afforded by General Statutes § 25-43c; (3) the immunity afforded by General Statutes § 52-557g; (4) the immunity afforded by General Statutes § 52-557j; and (5) the plaintiffs own

McKinney v. Huntsville Sch. Dist.

345 F. Supp. 3d 1071 · District Court, S.D. New York · Oct 12, 2018

Counts IV and VI: Qualified Immunity Certain government officials who are performing "discretionary functions" are immune from civil action as long as their conduct does not "violate clearly established statutory or constitutional … Courts analyze two elements to determine whether qualified immunity applies: (1) whether the official violated plaintiff's constitutional rights; and (2) whether those rights were clearly established. Saucier v.

Gavonna Willis v. Juanita Mills

141 F.4th 905 · Court of Appeals for the Eighth Circuit · Jun 20, 2025

of a constitutional or statutory right; and (2) whether the right was clearly established at the time of the deprivation.” … The district court’s denial of summary judgment based on qualified immunity was proper.

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....

Gregory v. City of Louisville

444 F.3d 725 · Court of Appeals for the Sixth Circuit · Apr 11, 2006

of clearly established law.” … The Supreme Court noted that when the issue on qualified immunity turned on whether the facts, as alleged, constituted a violation of clearly established constitutional law, the issue on appeal was sufficiently separate from

Jones v. Perry County Fiscal Court

185 F. Supp. 3d 947 · District Court, E.D. Kentucky · May 11, 2016

Qualified Immunity for Judge Alexander “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … [Record No. 40-1, p. 13] Further, he contends that Jones’ right to associate with his uncle is not clearly established.

Whalen v. Commonwealth

21 Mass. L. Rptr. 193 · Massachusetts Superior Court · Jun 26, 2006

not entitled to qualified immunity. … However, in addition to proving that the state or federal right was “clearly established” (because qualified immunity applies under the MCRA), liability under the MCRA requires the additional step of showing that the violation

Salvador Reza v. Russell Pearce

Court of Appeals for the Ninth Circuit · Nov 19, 2015

PEARCE 3 Senator Pearce violated plaintiff’s clearly established First Amendment rights and that the district court erred by granting him qualified immunity on summary judgment. … To overcome Senator Pearce’s qualified immunity defense, Reza must establish both that Senator Pearce violated his First Amendment rights, and that this violation was of a “clearly established statutory or constitutional

Walker v. Prieto

414 F. Supp. 2d 1148 · District Court, S.D. Florida · Feb 3, 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 … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”

Holloway v. Brechtse

279 F. Supp. 2d 613 · District Court, E.D. Pennsylvania · Aug 18, 2003

Qualified Immunity Finally, Defendant argues Plaintiffs complaint should be dismissed because Defendant is entitled to qualified immunity. … The standard for qualified immunity is an objective one that asks whether a reasonable public official would know that his specific conduct violated clearly established rights. Grant v.