Case law

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.

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

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.

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."

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

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

Cole v. Barnes

128 F. Supp. 3d 1002 · District Court, M.D. Tennessee · Sep 4, 2015

Qualified Immunity Defendants Barnes and George contend that they are entitled to qualified immunity with respect to Plaintiffs First and Fourth Amendment claims because the Sheriffs Department had probable cause, in the … Qualified immunity “protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official’s position

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

Akers v. Caperton

797 F. Supp. 514 · District Court, S.D. West Virginia · Jul 30, 1992

Qualified Immunity The Defendants Gaston Caperton, Kenneth Dunn and Art Gleason assert the defense of qualified immunity. … Defendants assert an entitlement to qualified immunity since they were acting pursuant to statutory authority and they further allege that their conduct did not violate the Plaintiffs’ clearly established statutory or constitutional

A.M. ex rel. Law v. Grant

889 F. Supp. 1495 · District Court, M.D. Alabama · Jun 21, 1995

Under this test, public officials performing discretionary functions which would objectively appear to be within the official’s authority have qualified immunity if their challenged conduct did not violate a clearly established … The Eleventh Circuit recently explained that [flor the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context

Shaboon v. Duncan

252 F.3d 722 · Court of Appeals for the Fifth Circuit · Jun 12, 2001

rules that were ‘clearly established’ at the time it was taken.” … Further, these violations might be found to be so “clearly established” as to overcome Duncan’s qualified immunity defense.

Timothy Beers v. Jon Fouts et al.

2018 DNH 144 · District Court, D. New Hampshire · Jul 10, 2018

In granting defendant Forcier’s motion to dismiss and the remaining defendants’ motion for summary judgment on grounds of qualified immunity, this court determined that the law was not clearly established in December … Qualified Immunity Further, this court previously concluded that defendants are shielded by qualified immunity from plaintiff’s Fourth Amendment challenge to the group strip search.

Pratt v. Hogan

631 F. Supp. 2d 192 · District Court, N.D. New York · Jul 6, 2009

Qualified immunity bars a claim for monetary damages against government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Even if plaintiffs allegations are sufficient to allege the violation of a constitutional right, defendants are entitled to the defense of qualified immunity if plaintiffs constitutional rights were not clearly established

Bankhead v. Knickrehm

360 F.3d 839 · Court of Appeals for the Eighth Circuit · Mar 11, 2004

record] ... support a claim of violation of clearly established law." … The question on appeal is whether the summary-judgment record supports a finding that defendants violated clearly established law. Ibid.

Opinion No.

Arkansas Attorney General Reports · Dec 23, 2003

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Foulks v. Cole County, Missouri

991 F.2d 454 · Court of Appeals for the Eighth Circuit · Apr 14, 1993

The defendants have failed to show that their actions were objectively reasonable in light of clearly established law. … Thus, we review Foulks' claim under the clearly established constitutional standard set forth in Estelle

Kenneth E. Hardy v. Jefferson Community College and Kentucky Community and Technical College System, Mary Pamela Besser and Richard Green

260 F.3d 671 · Court of Appeals for the Sixth Circuit · Aug 15, 2001

Green and Besser then filed a motion to alter or amend the district court’s ruling that they were not entitled to qualified immunity, asserting that “the right to free speech in the classroom setting is not clearly established … Standard of review The doctrine of qualified immunity shields government officials from liability, as well as from suit, so long as their official conduct “does not violate clearly established statutory or constitutional

Ferris v. Borough of Baldwin

247 F. Supp. 3d 671 · District Court, W.D. Pennsylvania · Mar 23, 2017

The Court also concludes that Scott and Lederman are entitled to qualified .immunity under the second prong of the qualified immunity analysis—“whether the right at issue was clearly established at the time of the alleged … Yerke, 604 Fed.Appx. 149, 152 (3d Cir. 2015) (applying Werkheiser to discuss qualified immunity and explaining that “the law [regarding ‘elected officials’ speech’] was not clearly established”).

Fleming v. State University of New York

502 F. Supp. 2d 324 · District Court, E.D. New York · Aug 6, 2007

clearly established legal rules then in effect.” … complains violated clearly established law.”