Case law

Tremain Spivey, Shirley Spivey, as Next Friend for Tremain Spivey v. Michael Elliott, Lynn Crothers, Wilma Davis, Carolyn Mitchell

29 F.3d 1522 · Court of Appeals for the Eleventh Circuit · Aug 26, 1994

The defendants are entitled to qualified *1527 immunity if that law was not clearly established at the time. We hold it was not. … Because this right was not clearly established at the time this suit was brought, the defendants are entitled to qualified immunity. We affirm the district court’s grant of defendants’ motion for summary judgment.

Smith v. Lejeune

203 F. Supp. 2d 1260 · District Court, D. Wyoming · May 17, 2002

If the plaintiff establishes a violation of a constitutional or statutory right, he must then demonstrate that the right at issue was clearly established at the time of the defendant’s unlawful conduct. … , the defendants are entitled to qualified immunity.

Freeman v. Fallin

310 F. Supp. 2d 11 · District Court, District of Columbia · Feb 26, 2004

Qualified immunity “shield[s 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.” … establish that the urinalysis testing at issue here qualifies as a search.

William J. Benson v. William J. Scott and Herbert Caplan

734 F.2d 1181 · Court of Appeals for the Seventh Circuit · Jul 2, 1984

the state, violated clearly established procedures of which a reasonable person should have been aware. … As we noted above, Harlow dictates that a claim of qualified immunity by an executive official must be sustained if the official’s conduct “does not violate clearly established statutory or constitutional rights of which

Bolbol v. City of Daly City

754 F. Supp. 2d 1095 · District Court, N.D. California · Nov 17, 2010

right was clearly established. 1. … to qualified immunity.

Flynn v. Burns

289 F. Supp. 3d 948 · District Court, E.D. Wisconsin · Jan 29, 2018

do not violate clearly established constitutional or statutory rights. … Once a defendant asserts a qualified immunity defense, the plaintiff has the burden to establish that the defendant's action violated a clearly established right. Estate of Escobedo v.

Martinez v. City Of Schenectady

115 F.3d 111 · Court of Appeals for the Second Circuit · May 13, 1997

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,' Harlow v. … established federal rights. 54 The district court's order denying the defendants' motion for summary judgment on the ground of qualified immunity is reversed.

Lilienthal v. City of Suffolk

275 F. Supp. 2d 684 · District Court, E.D. Virginia · Aug 4, 2003

QUALIFIED IMMUNITY Defendant Outlaw has raised the issue of qualified immunity. … Qualified immunity protects government officials from civil damages in a section 1983 action “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Leang v. Jersey City Bd. of Educ.

399 N.J. Super. 329 · New Jersey Superior Court Appellate Division · Apr 2, 2008

She reiterated her conclusion that they were entitled to a qualified immunity as state actors. … Thus, the motion judge erred in granting the JCMC a qualified immunity under N.J.S.A. 30:4-27.7 and the summary judgment as to the JCMC on the ground of a qualified immunity is reversed. IX.

Justice v. Danberg

342 F. App'x 837 · Court of Appeals for the Third Circuit · Aug 17, 2009

The court disagreed, noting that qualified immunity required a two-step analysis: first, whether there was a constitutional violation, and second, whether the constitutional right that was violated was clearly established … qualified immunity.

Sound Aircraft Services, Inc. v. Town Of East Hampton

192 F.3d 329 · Court of Appeals for the Second Circuit · Sep 22, 1999

After reciting the principle that government officials in their personal capacities are immune from suits for money damages where "their conduct does not violate clearly established statutory or constitutional rights of which … violated any clearly established constitutional or federal rights. 21 Qualified immunity serves important interests in our political system.

Purzycki v. Town of Fairfield

244 Conn. 101 · Supreme Court of Connecticut · Mar 17, 1998

The defendants moved to set aside the jury verdict, asserting that the plaintiffs failed to prove their claim that the imminent harm exception to the qualified governmental immunity doctrine applied to this case. … [A] municipal employee . . . has a qualified immunity in the performance of a governmental duty, but he may be liable if he misperforms a ministerial act, as opposed to a discretionary act.”

Witzke v. City of Bismarck

718 N.W.2d 586 · North Dakota Supreme Court · Jul 18, 2006

of the State’s case at trial, and other conduct intimately associated with the judicial process, but that prosecutors have only the protection of qualified immunity when functioning in the role of an administrator or investigative … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish his or her conduct did not violate clearly established statutory or constitutional rights of which a reasonable person

Nesmith Through Nesmith v. Grimsley

702 F. Supp. 122 · District Court, D. South Carolina · Dec 7, 1988

Plaintiff objects to the finding of qualified immunity. … The United States Supreme Court established the test for qualified immunity in Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

S.P. v. Newark Police Department

428 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Sep 27, 2012

. 2C:25-21, and whether the officers acted in good faith to afford them qualified immunity under the PDVA, N.J.S.A. 2C:25~22. … Based on this determination, we need not reach the City’s defense of qualified immunity under the PDVA. I.

Prater v. Catt

443 S.W.3d 6 · Court of Appeals of Kentucky · Feb 28, 2014

Even if an act is discretionary, there is no immunity if it violates constitutional, statutory, or other clearly established rights— or if it is done willfully or maliciously with intent to harm or if it is committed with … We agree that Officer Catt was entitled to qualified immunity with respect to the Praters’ negligence claims. Sgt. Sam was not in the vicinity of the accident, nor was she required to be.

Pam Good v. Barbara Olk-Long

71 F.3d 314 · Court of Appeals for the Eighth Circuit · Dec 8, 1995

We need only to pass upon the question of qualified immunity. … It is well settled that qualified immunity shields government officials from liability for money damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable official

Fields v. Blake

349 F. Supp. 2d 910 · District Court, E.D. Pennsylvania · Dec 20, 2004

Under the qualified immunity doctrine, “[o]fficials exercising discretionary powers are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Once a plaintiff has *922 established a constitutional violation, courts evaluating a qualified immunity claim must decide whether the constitutional right was clearly established. Id.

Allen v. Kline

507 F. Supp. 2d 1150 · District Court, D. Kansas · Aug 23, 2007

Qualified immunity shields from *1156 liability government officials performing discretionary functions “if their conduct does not violate clearly established rights of which a reasonable government official would have known … If plaintiffs sufficiently allege the deprivation of a clearly established constitutional right, qualified immunity will not protect defendant.

Maltby v. Winston

36 F.3d 548 · Court of Appeals for the Seventh Circuit · Sep 14, 1994

clearly established statutory or constitutional rights of which a reasonable person would have known." … immunity when probable cause is at issue is clearly erroneous and not de novo.