Case law

Sears v. Bradley County Government

821 F. Supp. 2d 987 · District Court, E.D. Tennessee · Sep 26, 2011

Even if a government official deprives a plaintiff of a federal right, “qualified immunity will apply if an objective reasonable officer would not have understood, by referencing clearly established law, that his conduct … is entitled to qualified immunity.

Noelle Way v. County of Ventura Robert Brooks Karen Hanson, and Robert Ortiez, Ventura Police Officer

445 F.3d 1157 · Court of Appeals for the Ninth Circuit · Apr 20, 2006

It denied qualified immunity to Brooks and Hanson on the basis of Giles v. … If so, “the next, sequential step is to ask whether the right was clearly established.” Id.

Moffitt v. Town of Brookfield

950 F.2d 880 · Court of Appeals for the Second Circuit · Dec 20, 1991

The doctrine of qualified immunity provides that: government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … legal rules that were ‘clearly established’ at the time it was taken.”

Perez v. Duran

962 F. Supp. 2d 533 · District Court, S.D. New York · Jul 3, 2013

However, to find a right clearly established for purposes of qualified immunity “do[es] not require a case directly on point, but existing precedent must have placed the ... constitutional question beyond debate.” … If a right is clearly established, an officer will still be entitled to qualified immunity if the officer’s “actions were not objectively unreasonable at the time they were taken.” Lee v.

96 Cal. Daily Op. Serv. 9203, 97 Cal. Daily Op. Serv. 1350, 96 Daily Journal D.A.R. 15,215, 97 Daily Journal D.A.R. 2025 James Senator Marks Tommy Marks David Marks v. John R. Clarke William F. Grub Stephen W. Keane Michael Lavelle Gerald R. Poindexter Robert Vanleuven Ralph C. Weir, James Senator Marks Tommy Marks David Marks, Gypsy Church of the Northwest v. John R. Clarke William F. Grub Stephen W. Keane Michael Lavelle Gerald R. Poindexter Robert Vanleuven Ralph C. Weir, and Robert G. Bailor Denise E. Coker Monte E. Gaunt Donald E. Johnson Richard J. Poole Nicolis E. Stanley Michael F. Yates, James Senator Marks Tommy Marks David Marks v. John R. Clarke William F. Grub Stephen W. Keane Michael Lavelle Gerald R. Poindexter Robert Vanleuven Ralph C. Weir, and City of Spokane Robert Allen Earl L. Ennis Lawrence R. Freeman Clifford Harding Kenneth R. Krogh Larry M. Lindskog Jack E. Neumiller Andrew J. Pavlischak Sheldon Reeve, Gypsy Church of the Northwest v. Spokane County, and John R. Clarke William F. Grub Stephen W. Keane Michael Lavelle Gerald R. Poindexter Robert Vanleuven Ralph C. Weir, Gypsy Church of the Northwest v. Spokane County, and Robert G. Bailor Denise E. Coker Monte E. Gaunt Donald E. Johnson Richard J. Poole Nicolis E. Stanley Michael F. Yates, Gypsy Church of the Northwest v. Spokane County, and City of Spokane Robert Allen Earl L. Ennis Lawrence R. Freeman Clifford Harding Kenneth R. Krogh Larry M. Lindskog Jack E. Neumiller Andrew J. Pavlischak Sheldon Reeve, Gypsy Church of the Northwest, and Grover Marks v. Detective Rick Grabenstein

102 F.3d 1012 · Court of Appeals for the Ninth Circuit · Feb 26, 1997

Once again, under the clearly established law of Ybarra v. … inspection at that location did not violate clearly established law.

Uinta County v. Pennington

286 P.3d 138 · Wyoming Supreme Court · Oct 1, 2012

/d. [114] In order to establish a claim of qualified immunity, the claimant must prove; 1) the officer was acting within the seope of his or her duties; 2) the officer was acting in good faith; 3) the officer's acts were … record when a public official asserts qualified immunity.

Swofford v. Eslinger

671 F. Supp. 2d 1289 · District Court, M.D. Florida · Nov 30, 2009

Swofford’s rights were not clearly established at the time of the alleged violation. … Swofford’s rights were clearly established. 471 U.S. 1 , 105 S.Ct. 1694 (1985). Mr.

McDay Ex Rel. McDay v. City of Atlanta

740 F. Supp. 852 · District Court, N.D. Georgia · Apr 4, 1990

Qualified Immunity Officers Cartwright and Price move for summary judgment on qualified immunity grounds. … The qualified immunity defense first recognized by the Supreme Court in Pierson v.

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.

Cullen v. Phillips

2001 Colo. J. C.A.R. 1809 · Colorado Court of Appeals · Apr 12, 2001

Defendants sought dismissal on several grounds including qualified immunity, laches, and failure to state a claim. … Once a defendant raises a qualified immunity defense, the plaintiff assumes the burden of showing that the defendant violated a clearly established constitutional or statutory right of which a reasonable person would have

Calnimptewa v. Flagstaff Police Department

200 Ariz. 567 · Court of Appeals of Arizona · Aug 28, 2001

We said it would be absurd to deny immunity for a failure to stop which, if made, could have resulted in a failure to arrest which would clearly have been immunized. … against the public defendants only if the plaintiffs established gross negligence.

Amnesty International, USA v. Battle

484 F. Supp. 2d 1279 · District Court, S.D. Florida · Apr 24, 2007

Under the doctrine of qualified immunity, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates “clearly established … The purported right Amnesty seeks to invoke in order to pierce Defendants’ qualified immunity here is not as clearly established as the rights invoked by the arrested protestors in Jones .

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

MONTEILH v. County of Los Angeles

820 F. Supp. 2d 1081 · District Court, C.D. California · Jul 12, 2011

Qualified Immunity Qualified immunity shields public officials sued in their individual capacity for monetary damages, unless their conduct violates “clearly established” law that a reasonable public officer would have known … “whether the right was clearly established.”

Parks v. City of Warner Robins, Ga.

841 F. Supp. 1205 · District Court, M.D. Georgia · Jan 14, 1994

Qualified Immunity The Eleventh Circuit Court of Appeals has adopted an objective-reasonableness test for determining whether a government official is entitled to qualified immunity. See Courson v. … Under this analysis, the defendant is entitled to qualified immunity if either (1) the law was not clearly established, or (2) the law was clearly established but the defendant did not violate the law. Id. n. 14. A.

Matusick v. Erie County Water Authority

774 F. Supp. 2d 514 · District Court, W.D. New York · Mar 1, 2011

Defendants’ argument for qualified immunity as a matter of law was that the First Amendment right to intimate association was not clearly established for dating, as opposed to married, relationships when their alleged acts … Defendants’ argument for qualified immunity is the most difficult one to understand, because they never identified what they were doing that required qualified immunity for racial slurs.

McAllister v. Price

615 F.3d 877 · Court of Appeals for the Seventh Circuit · Aug 12, 2010

No. 10-1213 7 The doctrine of qualified immunity protects govern- ment officials from liability for civil damages when their conduct does not violate clearly established … established Fourth Amendment rights and thus deprives the defendant of qualified immunity.

Southerland v. City of New York

680 F.3d 127 · Court of Appeals for the Second Circuit · May 22, 2012

Callahan, 555 U.S. at 237, the pertinent 4 qualified immunity inquiry is whether the right was clearly established at the time of the 5 defendant’s actions, see Ashcroft v. al-Kidd, 131 S. … Thus, even if the right at issue “was clearly established in certain 12 respects,” a state actor “is still entitled to qualified immunity if ‘officers of reasonable 13 competence could disagree’ on the legality of the

Gregg v. Ohio Department of Youth Services

661 F. Supp. 2d 842 · District Court, S.D. Ohio · Sep 22, 2009

Telb, 831 F.2d 673 (6th Cir.1987), when the defense of qualified immunity is raised, a plaintiff must include in the pleadings factual allegations necessary to support the conclusion that the defendants violated clearly established … Gregg’s constitutional rights, it is unnecessary to reach the “clearly established” prong of qualified immunity as to these defendants. See Bukowski v. City of Akron, 326 F.3d 702, 708 (6th Cir.2003).

Christopher P. ex rel. Norma P. v. Marcus

915 F.2d 794 · Court of Appeals for the Second Circuit · Sep 27, 1990

, because the EAHCA’s applicability was not clearly established at the time the action arose. … Qualified Immunity for Violations of the EAHCA “[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established