Case law

Stewart v. Beaufort County

481 F. Supp. 2d 483 · District Court, D. South Carolina · Feb 6, 2007

Is Deputy Calhoun Entitled to Qualified Immunity? … Under the doctrine of qualified immunity, law enforcement officers performing their discretionary duties “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

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.

Michael Jones v. City of St. Louis

104 F.4th 1043 · Court of Appeals for the Eighth Circuit · Jun 17, 2024

failing to respond to his requests to be released based on the court order deprived Davis of a clearly established liberty interest. 375 F.3d at 719. … qualified immunity claims.

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.

Holloway v. Brechtse

279 F. Supp. 2d 613 · District Court, E.D. Pennsylvania · Aug 18, 2003

Qualified Immunity Finally, Defendant argues Plaintiffs complaint should be dismissed because Defendant is entitled to qualified immunity. … The standard for qualified immunity is an objective one that asks whether a reasonable public official would know that his specific conduct violated clearly established rights. Grant v.

Ortega v. City of Kansas City, Kansas

659 F. Supp. 1201 · District Court, D. Kansas · Mar 18, 1987

Qualified Immunity. Defendants argue that the court erred in holding that the individual defendants were not entitled to the defense of qualified immunity. … We recognize that in the ordinary case, an official’s violation of clearly established state statutes does not deprive an official of qualified immunity. See Davis v.

Connor v. Foster

833 F. Supp. 727 · District Court, N.D. Illinois · Oct 1, 1993

Public officials are immune from liability for monetary damages under § 1983 if their conduct did not violate clearly established constitutional rights of which a reasonable person would have known. Harlow v. … Qualified immunity, of course, bars only Con-nor's claim for damages.

Ricker v. Leapley

25 F.3d 1406 · Court of Appeals for the Eighth Circuit · Jun 7, 1994

Qualified immunity shields government officials performing discretionary functions if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We have concluded that both Leapley and Weber are entitled to qualified immunity because Ricker has failed to allege a violation of a clearly established constitutional right.

Kathleen Benison v. George Ross

765 F.3d 649 · Court of Appeals for the Sixth Circuit · Sep 3, 2014

qualified immunity because those rights were not clearly established at the time the lawsuit was filed. 3 Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not … Therefore, if a defendant asserts qualified immunity, the plaintiff bears the burden of showing: (1) “a violation of a constitutional right” and (2) that “the right at issue was ‘clearly established’ at the time of [the]

Robinson v. White County

452 F.3d 706 · Court of Appeals for the Eighth Circuit · Jul 3, 2006

. ___, 126 S.Ct. 1338 , 164 L.Ed.2d 53 (2006), the test for qualified immunity is: 10 Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly … If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine whether the right was clearly established.

Austin Joseph Goodwin v. Board of Education of Fayette County

West Virginia Supreme Court · Nov 12, 2019

to qualified immunity. … established statutory laws rendering qualified immunity inapplicable.”9 The statute cited by the Petitioner as imposing a mandatory or discretionary duty on the Respondents to supervise him is W.

McIntyre v. United States

336 F. Supp. 2d 87 · District Court, D. Massachusetts · Sep 30, 2004

Qualified Immunity Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … The defense of qualified immunity applies unless the law is clearly established either by materially similar precedent or by general legal principles that apply with obvious clarity to the facts of the case. Hope v.

Brown v. Head

228 F. Supp. 2d 1324 · District Court, M.D. Alabama · Oct 30, 2002

Pelzer, — U.S. -, 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002), the Supreme Court recently modified the Eleventh Circuit’s qualified immunity standard with respect to what constitutes a “clearly established” right. … Indeed, Eleventh Circuit courts have repeatedly held that this legal tenant is “clearly established” for purposes of addressing qualified immunity claims by public officials. E.g., Id.; Herren v.

Keller v. Elyea

496 F. App'x 665 · Court of Appeals for the Seventh Circuit · Nov 21, 2012

Elyea was entitled to qualified immunity. He argues that he had a clearly established constitutional right to have his medical conditions addressed, and that his letters sufficed to establish Dr. … The district court indeed viewed this issue through too narrow a lens: there need not be a case “on all fours,” with identical facts, in order for a constitutional right to be clearly established for the purposes of qualified

Galloway v. City of Abbeville

871 F. Supp. 2d 1298 · District Court, M.D. Alabama · Jul 2, 2012

Qualified immunity on Galloway’s unlawful arrest claim (Count B) Duhaime also invokes the qualified immunity doctrine to shield him from Galloway’s Fourth Amendment unlawful arrest claim. … Historically the Supreme Court required lower courts to decide the constitutional issue before inquiring into whether the claimed right was clearly established. See, e.g., Scott v.

D'Aguanno v. Gallagher

50 F.3d 877 · Court of Appeals for the Eleventh Circuit · Mar 29, 1995

Therefore, to overcome defendants’ qualified immunity defense, plaintiffs must establish that defendants’ conduct violated “‘clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome the qualified immunity defense, citing precedent which establishes a general right will not do.

Kenneth W. Martin v. John P. Malhoyt, John Doe(s) Shirley Ann Stevens v. David H. Stover, John Doe

830 F.2d 237 · Court of Appeals for the D.C. Circuit · Nov 24, 1987

The district court recited the Harlow standard: qualified immunity shields government officials as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … action is a violation) violates a clearly established right.

Thomas Patrick Walsh v. Nicholas Mellas and Harry Martin

837 F.2d 789 · Court of Appeals for the Seventh Circuit · Jan 21, 1988

It was not “plain error” for the district court to deny Mellas and Martin qualified immunity. … Defendants’ delay in pursuing the qualified immunity issue has frustrated these important goals.

Sondra Weisbrod v. Virginia Donigan, Individually and as an Employee of the State of Florida, Department of Health and Rehabilitative Services

651 F.2d 334 · Court of Appeals for the Fifth Circuit · Jul 20, 1981

Defendants are entitled to qualified immunity if the record establishes they did not act in disregard of clearly established constitutional rights or with a malicious intent to deprive plaintiff of her rights. *336 Wood v … Because we uphold the district court’s finding of qualified immunity, we need not reach defendants’ claim of absolute immunity.

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.”