Case law

Ngo v. Storlie

495 F.3d 597 · Court of Appeals for the Eighth Circuit · Jul 26, 2007

actions were objectively reasonable in light of clearly established law. … Here, we must ask whether Ngo’s right to be free from excessive force is clearly established.

Ely v. Dearborn Heights School District No. 7

150 F. Supp. 3d 842 · District Court, E.D. Michigan · Dec 14, 2015

Qualified Immunity Defendants Jeffrey Bartold and Todd Thieken argue that they are entitled to qualified immunity because, at the time of the conduct in question, there was no clearly established law holding that “a governmental … “Although the focus-of the clearly established prong is whether the official had notice that his .alleged conduct, was improper, ... qualified immunity is an objective rather than a subjective inquiry.”

Swear v. Lawson

288 F. Supp. 3d 669 · District Court, E.D. Louisiana · Jan 16, 2018

in light of clearly established *679 law. 61 Plaintiff argues, however, that Lawson and Vinson are not entitled to qualified immunity because the First Amendment right to free speech is a clearly established right and their … Legal Standard on Qualified Immunity 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

Loch v. City of Litchfield

837 F. Supp. 2d 1032 · District Court, D. Minnesota · Nov 17, 2011

“Under the doctrine of qualified immunity, state actors are protected from civil liability when ‘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 deprivation.’ ” Parrish v.

Padilla Roman v. Hernandez Perez

381 F. Supp. 2d 17 · District Court, D. Puerto Rico · Aug 8, 2005

Maine, 118 F.3d 37, 53 (1st Cir.1997). 4 QUALIFIED IMMUNITY DOCTRINE Qualified immunity shields public officials performing discretionary functions *27 from civil damages, so long as their conduct does not violate clearly … A qualified immunity defense requires a three-part analysis: “The first inquiry is whether the constitutional right asserted by plaintiffs was clearly established at the time of the alleged violation.

Beverly Nettles-Nickerson v. John Free

687 F.3d 288 · Court of Appeals for the Sixth Circuit · Jun 1, 2012

The district court, however, granted the officers’ motion for summary judgment, holding that they were entitled to qualified immunity because Nettles- Nickerson did not have “a clearly established constitutional right to … Qualified immunity is warranted even if a constitutional violation has occurred if the right violated was not clearly established, Estate of Carter v.

Almond v. Tarver

468 F. Supp. 2d 886 · District Court, E.D. Texas · Aug 15, 2006

A defendant "is entitled to qualified immunity unless he violated a constitutional right that was clearly established at the time of his conduct." Blackwell v. … In considering a claim of qualified immunity, the court must make a two-pronged inquiry: "The bifurcated test for qualified immunity is quite familiar: (1) whether the plaintiff has alleged a violation of a clearly established

Chavez v. Jefferson County, Texas

District Court, E.D. Texas · Mar 21, 2023

The qualified immunity defense has two prongs: (1) “whether an official’s conduct violated a statutory or constitutional right of the plaintiff”; and (2) “whether the right was clearly established … Regardless of qualified immunity’s origins, this Court is bound by Fifth Circuit precedent and Supreme Court precedent—both which recognize qualified immunity.

Arbaugh v. BOARD OF EDUC., COUNTY OF PENDLETON

329 F. Supp. 2d 762 · District Court, N.D. West Virginia · Aug 6, 2004

Qualified Immunity Thompson asserts the defense of qualified immunity in his reply. … This immunity is available when the conduct of a government employee does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. Harlow v.

Pitchford v. Borough of Munhall

631 F. Supp. 2d 636 · District Court, W.D. Pennsylvania · Nov 13, 2007

In order for a federally protected right to be “clearly established” for the purpose of a qualified immunity inquiry, “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that … Pitchford’s “asserted right” is clearly established.

Engel v. Buchan

778 F. Supp. 2d 846 · District Court, N.D. Illinois · Mar 4, 2011

immunity test: whether a reasonable officer would have known that his actions were unconstitutional in light of clearly established law. … , because Engel has properly stated a claim for a violation of a constitutional right, and because that right was clearly established at the time of the asserted violation, Buchan is not entitled to qualified immunity against

Bell v. Neukirch

376 F. Supp. 3d 989 · District Court, E.D. Missouri · Mar 21, 2019

When a party is asserting qualified immunity, "[t]he party asserting immunity always has the burden to establish the relevant predicate facts, and at the summary judgment stage, the nonmoving party is given the benefit of … Qualified immunity protects a police officer from liability in a 42 U.S.C. § 1983 action unless the officer's conduct violated a clearly established constitutional or statutory right. Winslow v.

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.

Gilbert v. Feld

788 F. Supp. 854 · District Court, E.D. Pennsylvania · Mar 30, 1992

The defense of qualified immunity can support the grant of a Rule 12(b)(6) motion only when the complaint itself establishes the circumstances required for a finding of qualified immunity. Green v. … Plaintiff’s complaint does not set forth facts establishing qualified immunity. A qualified immunity defense can, therefore, not be used to defeat the claim on this 12(b)(6) motion.

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.

Heather Kerchen v. Univ. of Mich.

100 F.4th 751 · Court of Appeals for the Sixth Circuit · May 6, 2024

Qualified immunity immunizes government officials from suit to the extent that their conduct does not violate clearly established law. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Although qualified immunity may generally be better resolved on a motion for summary judgment rather than a motion to dismiss, a plaintiff must still sufficiently plead facts to show a clearly established constitutional violation

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 .

Ross v. State of Ala.

893 F. Supp. 1545 · District Court, M.D. Alabama · Jul 7, 1995

Under the qualified immunity defense, the defendants are immune from liability if [the plaintiff’s] complaint fails to state a violation of a "clearly established statutory or constitutional right[] of which a reasonable … The purpose of qualified immunity is to shield government officials performing discretionary functions from civil trials and liability if their conduct does not violate " 'clearly established statutory or constitutional rights

Adrow v. Johnson

623 F. Supp. 1085 · District Court, N.D. Illinois · Dec 12, 1985

Qualified Immunity Defendants also argue that even if this search violated the fourth amendment, they are protected by the qualified immunity accorded to certain government officials and are therefore not liable for damages … (“One of the cases [establishing the applicable standard] was a case from this circuit. As the law was, therefore, established, the defendants were not entitled to immunity.” Id. (emphasis added)).

Alan Baynes v. Brandon Cleland

Court of Appeals for the Sixth Circuit · Aug 24, 2015

Clearly Established Although the district court agreed that Baynes established the first prong of the qualified immunity analysis, it ultimately found that Baynes’ claim could not survive summary judgment because … This right was ‘clearly established’ for qualified immunity purposes at the time of Amanda’s seizure on October 30, 2002.”)