Case law

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

Ruegsegger v. Jefferson County Board of County Commissioners

197 F. Supp. 2d 1247 · District Court, D. Colorado · Nov 27, 2001

Qualified Immunity The individual Sheriff Defendants maintain they are entitled to qualified immunity from Claims One, Two, Three and Four because the contours of the pertinent law were not clearly established on April 20 … Where the law is clearly established, and where no reasonable officer could believe he was acting in accordance with it, qualified immunity will not attach.

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.

Huey B. Wright v. Harold Smith and Thomas A. Coughlin, III

21 F.3d 496 · Court of Appeals for the Second Circuit · Apr 6, 1994

Qualified Immunity The doctrine of qualified immunity shields state officials from liability where they did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known … Russell II, 15 F.3d at 233 (official protected by qualified immunity where no Supreme Court or Second Circuit cases clearly establish procedures required to make independent assessment of witness’s credibility). 3 D.

Natal-Rosario v. Puerto Rico Police Department

609 F. Supp. 2d 194 · District Court, D. Puerto Rico · Apr 2, 2009

Qualified Immunity This Court will now discuss whether the doctrine of qualified immunity bars Plaintiffs’ claims against Caldero. 4 Qualified immunity protects public officials from the specter of damages liability for judgment … Therefore, this Court will deny the motion to dismiss on qualified immunity grounds. 4.

Pullin v. City of Canton

133 F. Supp. 2d 1045 · District Court, N.D. Ohio · Mar 9, 2001

Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 (holding that qualified immunity shields state actors only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … seizures is, as a general matter, clearly established.

Tinney v. Shores

77 F.3d 378 · Court of Appeals for the Eleventh Circuit · Mar 8, 1996

summary judgment based on qualified immunity. … Qualified immunity protects government actors in their individual capacities from civil damage claims, provided that their conduct does not violate clearly established constitutional rights.

Patterson v. Armstrong County Children and Youth Services

141 F. Supp. 2d 512 · District Court, W.D. Pennsylvania · May 22, 2001

Qualified Immunity — Substantive Due Process All defendants raise qualified immunity as a defense to plaintiffs’ civil rights claims. … The “clearly established law” element of qualified immunity is flexible enough to embrace clearly established law of other circuits. See, e.g., Turiano v.

Ortega v. City of Kansas City, Kansas

659 F. Supp. 1201 · District Court, D. Kansas · Mar 18, 1987

Qualified Immunity. Defendants argue that the court erred in holding that the individual defendants were not entitled to the defense of qualified immunity. … We recognize that in the ordinary case, an official’s violation of clearly established state statutes does not deprive an official of qualified immunity. See Davis v.

Metro. Dade County v. Chase Fed. Housing

705 So. 2d 674 · District Court of Appeal of Florida · Jan 28, 1998

The legislature established a fund and procedures for carrying out the necessary remedial measures. … The language of the immunity sections, see supra notes 2 and 3, is also comprehensive as to the preclusion of administrative and judicial action against those who qualify.

McMORROW v. LITTLE

109 F.3d 432 · Court of Appeals for the Eighth Circuit · Mar 17, 1997

On appeal the officials argue that the law was not clearly established, that they are entitled to qualified immunity on this claim, and that McMorrow's claim must be dismissed. … immunity because it was not clearly established that their conduct was unconstitutional.

Santana v. Calderon

188 F. Supp. 2d 160 · District Court, D. Puerto Rico · Feb 14, 2002

The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person … qualified immunity.

Murphy v. AA Mathews

841 S.W.2d 671 · Supreme Court of Missouri · Dec 18, 1992

Although the language of Cutler did not explicitly limit the immunity to defamation cases, later English cases clearly establish its narrow applicability. … If one of those two requirements were lacking, the witness only enjoyed a qualified or conditional privilege, which could be vitiated by establishing malice. Id., 61 S.W. at 796 .

Wilson v. Poulos

697 F. Supp. 2d 1192 · District Court, S.D. California · Mar 2, 2010

Defendant Poulos’s entitlement to qualified immunity is clear under the second prong of the Katz test. 1 The “clearly established” inquiry requires the Court to look to the time of the events in question. … Since this right was not clearly established at the time of Plaintiffs incarceration, Defendant Poulos is entitled to qualified immunity.

Avery v. King

110 F.3d 12 · Court of Appeals for the Sixth Circuit · Apr 1, 1997

We disagree. 9 "Government officials performing discretionary functions are afforded qualified immunity, shielding them from civil damages, as long as their conduct 'does not violate clearly established statutory or constitutional … Therefore, Officer King was entitled to qualified immunity if " 'a reasonable officer could have believed [Avery's arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed

Terrell v. Petrie

763 F. Supp. 1342 · District Court, E.D. Virginia · May 17, 1991

QUALIFIED IMMUNITY This issue is the crux of Defendants’ motion to dismiss. The central question is whether Plaintiff can prove a violation of clearly established constitutional rights if allowed to go to trial. … If the Defendants acted reasonably, even if erroneously, they are entitled to qualified immunity. 1 Plaintiff claims Defendants violated three clearly established constitutional rights. They are considered in turn: 1.

Martinez-Baez v. Rey-Hernandez

394 F. Supp. 2d 428 · District Court, D. Puerto Rico · Jun 14, 2005

Healthy , qualified immunity, and Eleventh Amendment immunity. We discuss each. i. Mt. … The procedures regarding qualified immunity allow for judicial review, via certiorari, on the qualified immunity issue. Id. at 207, 121 S.Ct. 2151 .

Thames v. City of Westland

310 F. Supp. 3d 783 · District Court, E.D. Michigan · Apr 20, 2018

Qualified Immunity Defendant officers argue qualified immunity shields them from liability under § 1983. … Qualified immunity " 'protects government 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

Mahoney v. Hankin

844 F.2d 64 · Court of Appeals for the Second Circuit · Apr 12, 1988

clearly established at the time of the conduct in issue." … The Mitchell court "emphasize[d] ... that the appealable issue is a purely legal one: whether the facts alleged ... support a claim of violation of clearly established law."

Hickman v. Laskodi

45 F. App'x 451 · Court of Appeals for the Sixth Circuit · Aug 30, 2002

Laskodi contends that the doctrine of qualified immunity shields him from liability on Hickman’s claim. We review the district court’s denial of qualified immunity de novo. Blake v. … Under the doctrine of qualified immunity, government officials performing discretionary functions will not incur liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional