Case law

Gardner v. BOARD OF POLICE COM'RS, FOR KANSAS CITY

641 F.3d 947 · Court of Appeals for the Eighth Circuit · Jun 9, 2011

Ritchie is entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to Gardner, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established at … The court further concluded that at the time of the shooting, the law was clearly established on this point, and that Ritchie was thus not entitled to qualified immunity.

Michael Romano v. Ivan Canuteson

11 F.3d 1140 · Court of Appeals for the Second Circuit · Dec 17, 1993

The doctrine of qualified immunity recently has been discussed on a number of occasions by this Court. The following excerpt from Zinker v. … qualified immunity.

Tryon v. Town of North Branford

58 Conn. App. 702 · Connecticut Appellate Court · Jul 11, 2000

The doctrine that determines the tort liability of municipal employees is well established. “ ‘Although municipalities are generally immune from liability in tort, municipal employees historically were personally liable for … Andrews, supra, 211 Conn. 507 -508, in which our Supreme Court discussed the identifiable person-imminent harm exception to the general rule of qualified governmental immunity.

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.

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.

Moore v. Tri-City Hospital Authority

696 F. Supp. 1496 · District Court, N.D. Georgia · Jun 27, 1988

Gable, 823 F.2d 723, 733 (3d Cir.1987) (qualified immunity defense rejected in patronage dismissal of a policeman because “as of 1982 the law was ‘clearly established’ that a public employee could not be demoted in retaliation … Qualified Immunity (6) Whether defendants are entitled to qualified immunity in their individual capacities on either of plaintiff’s claims?

Coffey v. Quinn

578 F. Supp. 1464 · District Court, N.D. Illinois · Nov 14, 1983

At the time of the decision, the law in that circuit was undecided as to whether local legislators enjoyed absolute or qualified personal immunity. … Municipal decisionmakers passing on administrative questions possess qualified good faith immunity, not absolute immunity. See Wood v. Strictland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975); Scheuer v.

GJR Investments, Inc. v. County of Escambia

132 F.3d 1359 · Court of Appeals for the Eleventh Circuit · Jan 5, 1998

Under the qualified immunity doctrine, government officials performing discretionary functions8 are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates "clearly established … This is particularly true in cases involving qualified immunity, where we must determine whether a defendant's actions violate a clearly established right.

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

McCoy v. City of Columbia

929 F. Supp. 2d 541 · District Court, D. South Carolina · Mar 11, 2013

On appeal, the officers argued that, under Reichle , the passenger’s First Amendment rights were not clearly established and they were entitled to qualified immunity. Id. at 391-92. … In the second prong of the qualified immunity analysis, the court asks whether the right at issue was clearly established at the time of McCoy’s arrest. See Pear *562 son, 555 U.S. at 232 , 129 S.Ct. 808 .

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.

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

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.

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

Bryan Santini v. Joseph Fuentes

795 F.3d 410 · Court of Appeals for the Third Circuit · Aug 4, 2015

Background: Qualified Immunity Santini argues on appeal that the District Court erred in finding that the Trooper Defendants were entitled to qualified immunity with respect to his federal claims. … The doctrine of qualified immunity shields government officials who perform discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

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