Case law

Singleton v. Doe

210 F. Supp. 3d 359 · District Court, E.D. New York · Sep 28, 2016

Defendants also argue that, irrespective of Plaintiffs liberty interest, they are entitled to qualified immunity because they acted reasonably and not in violation of a clearly established right. (Id. at 8.) … Qualified immunity Qualified immunity protects public officials from liability for civil damages “unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged

Cagle Ex Rel. Estate of Butler v. Sutherland

334 F.3d 980 · Court of Appeals for the Eleventh Circuit · Jun 18, 2003

functions are e ntitled to qualified immunity ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Butler’s 15 Even if Jailer Cole had violated the Constitution, he likely would be entitled to qualified immunity, having violated no clearly established constitutional rights.

Arrington v. Dickerson

915 F. Supp. 1516 · District Court, M.D. Alabama · Jan 31, 1996

The court also reserved ruling on the qualified immunity issue. … Instead, the question in this case, as in all qualified immunity cases, is fact specific: in May 1991, was it clearly established in this circuit that it was unconstitutional for a mental institution to fail to supervise

Dall v. Caron

628 A.2d 117 · Supreme Judicial Court of Maine · Jul 8, 1993

The immunity granted in the more limited circumstances described in subpara-graphs A through D is absolute and not qualified by the bad faith proviso in sub-paragraph E. 2 We conclude, therefore, that the summary judgment … The Legislature understood the distinction between qualified and absolute immunity. See House Amendment A to L.D. 923, No. H-158, Statement of Fact (113th Legis.1987); and P.L. 1987, ch. 740, § 8.

Evans v. Bayer

684 F. Supp. 2d 1365 · District Court, S.D. Florida · Feb 12, 2010

To overcome qualified immunity, the plaintiff must show (1) that the defendant violated a constitutional right, and (2) that this right was clearly established at the time of the alleged violation. Id. (citing Wilson v. … Clearly Established “It is ... appropriate for a district court to grant the defense of qualified immunity at the motion to dismiss stage if the complaint ‘fails to allege the violation of a clearly established constitutional

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.

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 .

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

Baxter v. Vigo County School Corporation

26 F.3d 728 · Court of Appeals for the Seventh Circuit · Jun 14, 1994

By now, it is well established that certain government officials enjoy a qualified immunity from suit. … To determine the applicability of qualified immunity, the defendants' actions must be compared to what a reasonable official would believe was required in light of the clearly established legal rules.... 27 Casteel v.

Carroll v. Lancaster Cnty.

301 F. Supp. 3d 486 · District Court, E.D. Pennsylvania · Mar 14, 2018

The Court went on to explain that neither Colburn I nor Colburn II clearly established such a right. Id. at 2045 . … Qualified Immunity Qualified immunity shields government officials performing discretionary functions from liability for civil *513 damages unless their conduct violates clearly established statutory or constitutional rights

Barnes v. County of Placer

654 F. Supp. 2d 1066 · District Court, E.D. California · Jun 30, 2009

Qualified Immunity Qualified immunity is a defense to lawsuits against governmental officials arising out of the performance of their duties. … without first obtaining a warrant and keep them in custody until the Placer County Juvenile Court ordered their release did not violate clearly established law.

Smith v. Arkansas Department of Correction

103 F.3d 637 · Court of Appeals for the Eighth Circuit · Dec 18, 1996

some cases, the defendant) support a claim of violation of clearly established law.'" … of whether the alleged facts support a violation of clearly established law.

Germany v. Vance

673 F. Supp. 1143 · District Court, D. Massachusetts · Dec 1, 1987

They also assert that they are entitled to qualified immunity as state officials because they had no clearly established constitutional duty to disclose the recantation by plaintiffs father. Discussion A.. … Qualified Immunity. The defendants have raised a qualified immunity defense to all of plaintiffs claims.

MacDonald v. Angelone

69 F. Supp. 2d 787 · District Court, E.D. Virginia · Sep 2, 1999

The doctrine of good faith qualified immunity shields government employees performing discretionary functions from civil liability unless their conduct violates “clearly established statutory or constitutional rights of which … Second, courts must determine whether the right is clearly established. See id. (citing Collinson, 895 F.2d at 998 ).

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.

Jean v. Collins

107 F.3d 1111 · Court of Appeals for the Fourth Circuit · Mar 7, 1997

Ill A government official is entitled to qualified immunity from civil liability under § 1983 when his or her “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … B In deciding whether Shingleton and Collins are entitled to qualified immunity we must next determine whether the specific right infringed was clearly established in 1982. Pritchett v.

Freeman v. Fallin

310 F. Supp. 2d 11 · District Court, District of Columbia · Feb 26, 2004

Qualified immunity “shield[s officials] from liability for civil damages .insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … establish that the urinalysis testing at issue here qualifies as a search.

Bolbol v. City of Daly City

754 F. Supp. 2d 1095 · District Court, N.D. California · Nov 17, 2010

right was clearly established. 1. … to qualified immunity.

Flynn v. Burns

289 F. Supp. 3d 948 · District Court, E.D. Wisconsin · Jan 29, 2018

do not violate clearly established constitutional or statutory rights. … Once a defendant asserts a qualified immunity defense, the plaintiff has the burden to establish that the defendant's action violated a clearly established right. Estate of Escobedo v.

Martinez v. City Of Schenectady

115 F.3d 111 · Court of Appeals for the Second Circuit · May 13, 1997

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,' Harlow v. … established federal rights. 54 The district court's order denying the defendants' motion for summary judgment on the ground of qualified immunity is reversed.