Case law

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.

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.

Estate of David E. Morgan, Jr. v. John Cook

686 F.3d 494 · Court of Appeals for the Eighth Circuit · Jul 10, 2012

-3-  “Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory … Evaluating a claim of qualified immunity requires a “two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established

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.

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 .

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

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.

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

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.

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.

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.

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.

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.

James T. Giovanetti, D.D.S. And Patricia Ann Giovanetti v. Nicholas J. Tomasi, D.D.S. Wally McLaughlin Robert L. Schroeder, D.D.S. And Omar Whisman

25 F.3d 1048 · Court of Appeals for the Sixth Circuit · May 19, 1994

The District Court granted defendants' motion to dismiss for failure to state a claim for the reason that defendants were entitled to qualified immunity. … II. 4 It is well established that "[g]overnment officials performing discretionary functions are afforded qualified immunity, shielding them from civil damages, as long as their conduct 'does not violate clearly established

Johnson v. Wilson

District Court, District of Columbia · Mar 20, 2024

A court should not define “clearly established law at a high level of generality,” id. … Officer Dorghoud is not entitled to relief on Counts I, III, or IV Even considering the body-worn camera footage, Officer Dorghoud has not established his entitlement to qualified immunity or qualified privilege

Grisham v. Valenciano

93 F.4th 903 · Court of Appeals for the Fifth Circuit · Feb 26, 2024

However, “[a] qualified immunity defense alters the usual summary judgment burden of proof” because, to overcome qualified immunity, Plaintiffs “must rebut the defense by establishing a genuine [dispute of material fact] … The officers are entitled to qualified immunity because neither Everard nor Grisham can point to any clearly established law that such force was unreasonably excessive under the circumstances.

Sculler v. Sculler

348 N.J. Super. 374 · New Jersey Superior Court Appellate Division · Jul 9, 2001

will not qualify as an asset eligible for distribution. … To the extent that such property is attributable to the expenditure *1150 of effort by either spouse, it clearly qualifies for distribution". Id.

Madison v. Cruz

359 F. Supp. 3d 135 · District Court, District of Columbia · Feb 13, 2019

The First Circuit has adopted a two-part test to assess qualified immunity. … I find that had Defendant McDonald been aware that Plaintiff was outed as an informant and previously assaulted but declined to act to ensure Plaintiff's safety, it would qualify as a violation of Plaintiff's clearly established

Cotnoir v. University of Maine Systems

35 F.3d 6 · Court of Appeals for the First Circuit · Sep 13, 1994

" with the qualified immunity issue. … Qualified Immunity Qualified immunity shields government officials performing discretionary functions from civil damages "insofar as their conduct does not violate clearly established statutory or

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.