Case law

Knisley v. Pike County Joint Vocational School District

604 F.3d 977 · Court of Appeals for the Sixth Circuit · May 14, 2010

The defendants may still be entitled to qualified immunity if their actions did *982 not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Our Circuit’s clearly established ease law on this issue put the school and its employees on notice that this search was unconstitutional, so defendants are not entitled to qualified immunity protection.

Baylor Scott & White v. Peyton

549 S.W.3d 242 · Court of Appeals of Texas · Apr 19, 2018

We therefore focus our analysis on whether BHCS qualifies for immunity under section 285.072. See itation index="23" url="https://cite. case.law/citations/? … BHCS Does Not Qualify for Immunity under Section 285.072 As set forth above, a hospital district management company is entitled to governmental immunity under the TTCA "in its management or operation of a hospital under a

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.

Ottman v. City of Independence

341 F.3d 751 · Court of Appeals for the Eighth Circuit · Sep 3, 2003

Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional or statutory rights of which a reasonable person … Therefore, Hahl is entitled to qualified immunity. C.

GUILLEMARD GINORIO v. Contreras

409 F. Supp. 2d 101 · District Court, D. Puerto Rico · Jan 10, 2006

Qualified Immunity In their motion, the defendants argue that they are entitled to qualified *111 immunity in relation to plaintiffs’ due process claims. … immunity, the Court must consider “(1) whether plaintiffs allegations, if true, establish a constitutional violation; (2) whether that right was clearly established at the time of the alleged violation; and (3) whether a

Joseph v. Patterson

795 F.2d 549 · Court of Appeals for the Sixth Circuit · Jul 2, 1986

If the law which the defendant’s conduct is alleged to have violated is clearly established, then the qualified immunity defense must fail and discovery proceed. … If the law is not clearly established, the defendant is immune and summary judgment is proper. Windsor, 719 F.2d at 165 .

Karen Kelly Austin, Individually and as Natural Tutrix of Minors, Renee Chevelle Henry and Raenell Lynn Henry v. Ronald Borel and Janenne Trahan

830 F.2d 1356 · Court of Appeals for the Fifth Circuit · Dec 21, 1987

Qualified immunity shields only that conduct not violative of clearly established constitutional rights of which a reasonable person would have known. 14 Absolute immunity, in contrast, precludes any action for damages, so … established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Thomas v. City of Troy

293 F. Supp. 3d 282 · District Court, N.D. New York · Mar 22, 2018

Qualified Immunity "Once qualified immunity is pleaded, plaintiff's complaint will be dismissed unless defendant's alleged conduct, when committed, violated 'clearly established statutory or constitutional rights of which … Sikirica is not entitled to qualified immunity at this time. See Wise v.

FREEDOM FROM RELIGION FOUN. v. Romer

921 P.2d 84 · Colorado Court of Appeals · Jun 27, 1996

clearly established statutory or *90 constitutional rights of which a reasonable person would have known. … What is "clearly established law" is a question of law, and a court engaging in review of a qualified immunity determination should therefore use "its full knowledge of its own [and other relevant] precedents."

Wilson v. Lawrence County

260 F.3d 946 · Court of Appeals for the Eighth Circuit · Aug 15, 2001

Qualified Immunity 13 "[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Creighton, 483 U.S. 635, 638 (1987). 14 In determining if appellants are entitled to qualified immunity we must ask whether Wilson states a violation of a constitutional right, and whether that right was clearly established

McCollum v. Garrett

880 S.W.2d 530 · Kentucky Supreme Court · Sep 1, 1994

During the time in which McCollum essentially acted as an investigator, the protection available to him was qualified immunity. … . -, 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993), as follows: ... government officials are not subject to damages liability for the performance of their discretionary functions when "their conduct does not violate clearly established

Kanae v. Hodson

294 F. Supp. 2d 1179 · District Court, D. Hawaii · Nov 5, 2003

Hodson’s Qualified Immunity Defense. Hodson argues that he has qualified immunity with respect to Kanae’s claims. … Qualified immunity bars claims against government officials in their individual capacities if their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known

Trammell v. Wright

489 S.W.3d 636 · Supreme Court of Arkansas · Apr 7, 2016

For example, “qualified immunity” is defined as the “[a]ffirmative defense which shields public officials performing discretionary functions from civil damages if their conduct does not violate clearly established statutory … A motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated that the constitutional right is clearly established, and raised a genuine

Ober v. Evanko

80 F. App'x 196 · Court of Appeals for the Third Circuit · Oct 21, 2003

The District Court denied Appellants’ motion, finding that Appellants violated Ober’s clearly established First Amendment rights and, thus, were not entitled to qualified immunity. … Qualified immunity shields “government officials performing discretionary functions ... from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

Boswell v. County of Sherburne

849 F.2d 1117 · Court of Appeals for the Eighth Circuit · Jun 21, 1988

were clearly established at the time of the challenged actions * * Mitchell v. … This court has in the past taken a broad view of what constitutes “clearly established law” for the purposes of a qualified immunity inquiry, requiring some but not precise factual correspondence with precedents and demanding

Ronda Marsh v. Phelps County

902 F.3d 745 · Court of Appeals for the Eighth Circuit · Aug 15, 2018

Qualified immunity protects government officials from liability for civil damages in their individual capacities if their conduct did not violate "clearly established statutory or constitutional rights of which a reasonable … Government officials are entitled to qualified immunity unless (1) the plaintiff has asserted a violation of a constitutional right; (2) the alleged right is clearly established; and (3) there exists a genuine issue of material

Williams v. Kaufman County

352 F.3d 994 · Court of Appeals for the Fifth Circuit · Sep 8, 2003

Qualified Immunity Standard To prevail in a § 1983 suit, a plaintiff must overcome an officer’s defense of qualified immunity. Last term, in Hope v. … Whether the law was “clearly established” Although we hold today that the prolonged detention of plaintiffs was unlawful, we nonetheless agree with the district court that qualified immunity shields

Eastwood v. Department of Corrections of Oklahoma

846 F.2d 627 · Court of Appeals for the Tenth Circuit · May 12, 1988

Lovelace in his individual capacity survives the qualified immunity defense because plaintiff has established that Mr. Lovelace knew or should have known about plaintiff’s clearly established right of privacy. … To determine the applicability of a qualified immunity defense, an appellate court must examine if the official conduct at issue “violatefd] clearly established statutory or constitutional rights of which a reasonable person

Carter v. Butts County

110 F. Supp. 3d 1325 · District Court, M.D. Georgia · Jun 2, 2015

“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates ‘clearly established statutory or constitutional rights of which … In wrongful arrest cases, the Eleventh Circuit has “defined the ‘clearly-established’ prong as an ‘arguable probable cause’ inquiry.” Moran v.

Franz v. Lytle

997 F.2d 784 · Court of Appeals for the Tenth Circuit · Jun 29, 1993

Finding no relevant, clearly established legal norm on the issue evidenced by the split in the Circuits, the court affirmed the grant of qualified immunity. … At the time of defendant’s actions, the law was clearly established that the information the officer possessed rendered the present war-rantless searches objectively unreasonable barring his claim of qualified immunity so