Case law

Franklin Building Corp. v. City of Ocean City

946 F. Supp. 1161 · District Court, D. New Jersey · Nov 18, 1996

qualified immunity. … “clearly established”_ In instances of violations which are not clearly established, a showing of improper motive will not defeat a qualified immunity claim. Grant, 98 F.3d at 125 n. 6. This is one such case.

Greenwood v. of New York

163 F.3d 119 · Court of Appeals for the Second Circuit · Dec 11, 1998

. § 1983 ; it did so on the ground that the officials had qualified immunity. 1 We disagree with the court's conclusion that Greenwood's property right in his clinical staff privileges was not clearly established and that … "Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless it is further demonstrated that their conduct was unreasonable under

Iacobucci v. Town of Pembroke

193 F.3d 14 · Court of Appeals for the First Circuit · Oct 4, 1999

"Hence, state officials exercising discretionary authority are entitled to qualified immunity insofar as their conduct does not transgress clearly established constitutional or federal statutory rights of which a reasonably … Hence, Boulter was not entitled to qualified immunity. III.

Henry v. Ryan

775 F. Supp. 247 · District Court, N.D. Illinois · Sep 30, 1991

Government officials enjoy immunity from civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “Closely analogous cases, those decided before the defendants acted, ... are required to find that a constitutional right is clearly established.” Powers v.

Randi Hyatt v. Callahan County

843 F.3d 172 · Court of Appeals for the Fifth Circuit · Nov 18, 2016

“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … “A plaintiff seeking to overcome qualified immunity must show: ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’”

Perry, Peary v. the City of Houston and George Greanias

Texas Court of Appeals, 1st District (Houston) · Dec 27, 2002

Government officials performing discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have … in light of the clearly established rights.

Aitken v. Reed

89 Wash. App. 474 · Court of Appeals of Washington · Jan 16, 1998

Qualified Immunity for Section 1983 Property Interest Claim The State contends that even if Reed failed to provide Aitken a hearing as required by due process, she is protected by qualified immunity. … She is, therefore, entitled to qualified immunity on Aitken’s due process claim.

Fairchild v. Coryell Cty

40 F.4th 359 · Court of Appeals for the Fifth Circuit · Jul 14, 2022

IV The jailers, however, can assert qualified immunity. They are liable for unlawful conduct only if their actions violated “clearly established” constitutional rights. Pearson v. … Timpa, 20 F.4th at 1028–29 (explaining that qualified immunity may provide a defense at the early stages of an encounter but not later stages when the continued use of force violates clearly established law); Aguirre

Brandy Hamilton v. Nathaniel Turner

845 F.3d 659 · Court of Appeals for the Fifth Circuit · Jan 12, 2017

Kindred moved for summary judgment, arguing that he was entitled to qualified immunity because at the time of the incident, bystander liability was not clearly established in the Fifth Circuit in cases not involving excessive … DISCUSSION We have jurisdiction to review a district court’s denial of qualified immunity “only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity

Anderson v. Larson

327 F.3d 762 · Court of Appeals for the Eighth Circuit · Apr 30, 2003

IV 20 Qualified immunity shields government officials from federal suit unless their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Harlow v. … The inquiry "focuses on the objective legal reasonableness of the official's acts," and the qualified immunity defense fails if the official violates a clearly established right because "a reasonably competent public official

Ruffino v. Sheahan

61 F. Supp. 2d 764 · District Court, N.D. Illinois · Aug 10, 1999

The doctrine of qualified immunity shields government officials from liability in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A plaintiff must show that a constitutional violation occurred and that the applicable constitutional standards were clearly established at the time of the alleged violation. Erwin v.

Acevedo-Garcia v. Vera Monroig

30 F. Supp. 2d 141 · District Court, D. Puerto Rico · Nov 23, 1998

Therefore, Plaintiffs assert that Defendants are not immune from liability since their unconstitutional actions occurred when the law regarding patronage dismissals was “clearly established” in this Circuit. … In addition, the individual defendants are not entitled to qualified immunity as the right to be free from political discrimination and actual or constructive patronage dismissals was clearly established in the First Circuit

Mercado v. City of Orlando

323 F. Supp. 2d 1266 · District Court, M.D. Florida · Jun 24, 2004

Scherer, 468 U.S. 183, 194 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (holding, in the context of “clearly established law,” that “[o]fficials sued for constitutional violations do not lose their qualified immunity merely because … The Court thus, finds that the law was not clearly established and that. Officer Padilla and Officer Rouse, as his supervising officer, are entitled to qualified immunity.

Johnson v. City of Chester

10 F. Supp. 2d 482 · District Court, E.D. Pennsylvania · Jul 31, 1998

Qualified and Legislative Immunity Defendants next seek qualified immunity for Police Commissioner Butler, and both legislative and qualified immunity for Mayor Wilson, for their alleged actions. … Such rights are among the most well-known and clearly-established in our Constitution.

Shultz v. Allegheny County

835 F. Supp. 2d 14 · District Court, W.D. Pennsylvania · Dec 16, 2011

Accordingly, absolute or qualified immunity “will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Leve *25 to v. … 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 rights of

Tucker v. Cty Richmond, KY

388 F.3d 216 · Court of Appeals for the Sixth Circuit · Oct 28, 2004

The doctrine of qualified immunity protects government officials who perform discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of … Assuming that “a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.

Vann v. City of Southaven, Mississippi

876 F.3d 133 · Court of Appeals for the Fifth Circuit · Nov 22, 2017

“A qualified immunity defense alters the usual summary judgment burden of proof. … “The . dispositive question is ‘whether the violative nature of particular conduct is clearly established.’ ” Mullenix v.

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.

Connor v. Halifax Hospital Medical Center

135 F. Supp. 2d 1198 · District Court, M.D. Florida · Mar 5, 2001

This is particularly true in cases involving qualified immunity, where the court must determine whether a defendant’s actions violated a clearly established right. GJR Investments, 132 F.3d at 1367 . … rules that were “clearly established” at the *1217 time it was taken.

Thornton v. Kaplan

937 F. Supp. 1441 · District Court, D. Colorado · Jun 7, 1996

Accordingly, in the absence of such a clearly established constitutional or statutory right, defendant Skougstad is entitled to qualified immunity on plaintiffs Section 1983 free speech claim. … required in the qualified immunity analysis.