Case law

Opinion No.

Arkansas Attorney General Reports · Oct 21, 2005

In federal court, the county may be able to claim "qualified immunity." … Qualified immunity applies to the actions of individual officers and employees who undertook the performance of their governmental duties in good faith and whose actions did not violate a clearly established constitutional

Smith v. Lee

District Court, W.D. Louisiana · Apr 22, 2022

The doctrine of qualified immunity shields government officials from liability for claims against them in their individual capacity “insofar as their conduct does not violate clearly established statutory or constitutional … If Stewart can establish the violation of his constitutional right to be free of excessive force, the Court will then analyze the second element of qualified immunity, which is whether the right was clearly established

Gregorich v. Lund

54 F.3d 410 · Court of Appeals for the Seventh Circuit · May 9, 1995

a “clearly established” constitutional right “of which a reasonable person would have known.” … Gregorich responds *414 that this right was clearly established. We review the district court’s decision to deny Justice Lund qualified immunity de novo. Bakalis, 35 F.3d at 322 . 2.

Sound Aircraft Services, Inc. v. Town Of East Hampton

192 F.3d 329 · Court of Appeals for the Second Circuit · Sep 22, 1999

After reciting the principle that government officials in their personal capacities are immune from suits for money damages where "their conduct does not violate clearly established statutory or constitutional rights of which … violated any clearly established constitutional or federal rights. 21 Qualified immunity serves important interests in our political system.

Estate of David E. Morgan, Jr. v. John Cook

686 F.3d 494 · Court of Appeals for the Eighth Circuit · Jul 10, 2012

-3-  “Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory … Evaluating a claim of qualified immunity requires a “two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established

Natasha Thomas Susan Gibbs and Edwina Lewis v. Ann Cohen Glenn Craig James Embry and Susan Fischer, in Their Individual Capacities

304 F.3d 563 · Court of Appeals for the Sixth Circuit · Aug 23, 2002

a given set of facts violates clearly established law.” … Qualified Immunity We must also decide whether, in light of clearly established law applicable on the date of the eviction, a reasonable officer would have believed that Defendants’ conduct deprived Plaintiffs of their Fourth

Justice v. Danberg

342 F. App'x 837 · Court of Appeals for the Third Circuit · Aug 17, 2009

The court disagreed, noting that qualified immunity required a two-step analysis: first, whether there was a constitutional violation, and second, whether the constitutional right that was violated was clearly established … qualified immunity.

Amy Sanders v. Lamar Jones

845 F.3d 721 · Court of Appeals for the Sixth Circuit · Jan 9, 2017

Jones is entitled to qualified immunity because Sanders cannot establish the violation of a constitutional right. … immunity grounds); see generally Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (holding that a defendant is entitled to qualified immunity unless the plaintiff establishes the violation of a clearly established constitutional

Milfort v. Prevete

922 F. Supp. 2d 398 · District Court, E.D. New York · Feb 13, 2013

A qualified immunity defense is established if “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law … Because there is “no question that [these rights] were clearly established at the time of the incident,” a point that Defendants concede, Defendants’ actions are protected by qualified immunity only if it was objectively

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

Jones v. Perry County Fiscal Court

185 F. Supp. 3d 947 · District Court, E.D. Kentucky · May 11, 2016

Qualified Immunity for Judge Alexander “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … [Record No. 40-1, p. 13] Further, he contends that Jones’ right to associate with his uncle is not clearly established.

Fields v. Blake

349 F. Supp. 2d 910 · District Court, E.D. Pennsylvania · Dec 20, 2004

Under the qualified immunity doctrine, “[o]fficials exercising discretionary powers are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Once a plaintiff has *922 established a constitutional violation, courts evaluating a qualified immunity claim must decide whether the constitutional right was clearly established. Id.

Defoor v. Evesque

694 So. 2d 1302 · Supreme Court of Alabama · May 2, 1997

QUALIFIED IMMUNITY Defoor also contends that Evesque was not entitled to immunity while performing the function of inspecting and cleaning the test site. … This defendant's function clearly required due care rather than difficult decision making. On the other hand, we accepted the claim of immunity in Gill v.

Prater v. Catt

443 S.W.3d 6 · Court of Appeals of Kentucky · Feb 28, 2014

Even if an act is discretionary, there is no immunity if it violates constitutional, statutory, or other clearly established rights— or if it is done willfully or maliciously with intent to harm or if it is committed with … We agree that Officer Catt was entitled to qualified immunity with respect to the Praters’ negligence claims. Sgt. Sam was not in the vicinity of the accident, nor was she required to be.

Allen v. Kline

507 F. Supp. 2d 1150 · District Court, D. Kansas · Aug 23, 2007

Qualified immunity shields from *1156 liability government officials performing discretionary functions “if their conduct does not violate clearly established rights of which a reasonable government official would have known … If plaintiffs sufficiently allege the deprivation of a clearly established constitutional right, qualified immunity will not protect defendant.

Sculler v. Sculler

348 N.J. Super. 374 · New Jersey Superior Court Appellate Division · Jul 9, 2001

will not qualify as an asset eligible for distribution. … To the extent that such property is attributable to the expenditure *1150 of effort by either spouse, it clearly qualifies for distribution". Id.

Madison v. Cruz

359 F. Supp. 3d 135 · District Court, District of Columbia · Feb 13, 2019

The First Circuit has adopted a two-part test to assess qualified immunity. … I find that had Defendant McDonald been aware that Plaintiff was outed as an informant and previously assaulted but declined to act to ensure Plaintiff's safety, it would qualify as a violation of Plaintiff's clearly established

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.

Gregory v. City of Louisville

444 F.3d 725 · Court of Appeals for the Sixth Circuit · Apr 11, 2006

of clearly established law.” … The Supreme Court noted that when the issue on qualified immunity turned on whether the facts, as alleged, constituted a violation of clearly established constitutional law, the issue on appeal was sufficiently separate from

Haab v. East Bank Consolidated Special Service Fire Protection District of Jefferson Parish

13 La.App. 5 Cir. 954 · Louisiana Court of Appeal · May 28, 2014

Unlike the absolute immunity provided to the Parish and its departments by the HSA, the HSA provides only qualified immunity to individual Parish employees during a specific emergency event, as no immunity is afforded for … As such, we find that the Parish and its departments, officials and employees are entitled to absolute and qualified immunity pursuant to the HAS, and qualified immunity pursuant to the DIS.