Case law

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.

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.

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

Swofford v. Eslinger

671 F. Supp. 2d 1289 · District Court, M.D. Florida · Nov 30, 2009

Swofford’s rights were not clearly established at the time of the alleged violation. … Swofford’s rights were clearly established. 471 U.S. 1 , 105 S.Ct. 1694 (1985). Mr.

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 .

Lilienthal v. City of Suffolk

275 F. Supp. 2d 684 · District Court, E.D. Virginia · Aug 4, 2003

QUALIFIED IMMUNITY Defendant Outlaw has raised the issue of qualified immunity. … Qualified immunity protects government officials from civil damages in a section 1983 action “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

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

Stewart v. Beaufort County

481 F. Supp. 2d 483 · District Court, D. South Carolina · Feb 6, 2007

Is Deputy Calhoun Entitled to Qualified Immunity? … Under the doctrine of qualified immunity, law enforcement officers performing their discretionary duties “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

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."

COM., TRANSP. CABINET, DEPT. HWYS v. Sexton

256 S.W.3d 29 · Kentucky Supreme Court · Jun 19, 2008

An agency’s “routine duties” will typically be established by statutes or regulations that very clearly and specifically set forth those actions that the agency must take. 5 For example, in Collins we found that mine site … Since this was clearly a discretionary act, the Commonwealth has not waived sovereign immunity for any alleged negligence in performing this act.

Edmond v. Winters

226 F. Supp. 3d 914 · District Court, E.D. Arkansas · Dec 22, 2016

Qualified immunity insulates government officials from liability in their individual capacities so long as they have not violated clearly established rights of which a reasonable person would have known. Parrish v. … Even if the application of the Arkansas Sex Offender Registration Act to Edmond violated the ex post facto clause, the defendants are entitled to qualified immunity because the right at issue was not clearly established at

Michael Jones v. City of St. Louis

104 F.4th 1043 · Court of Appeals for the Eighth Circuit · Jun 17, 2024

failing to respond to his requests to be released based on the court order deprived Davis of a clearly established liberty interest. 375 F.3d at 719. … qualified immunity claims.

Holloway v. Brechtse

279 F. Supp. 2d 613 · District Court, E.D. Pennsylvania · Aug 18, 2003

Qualified Immunity Finally, Defendant argues Plaintiffs complaint should be dismissed because Defendant is entitled to qualified immunity. … The standard for qualified immunity is an objective one that asks whether a reasonable public official would know that his specific conduct violated clearly established rights. Grant v.

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.

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.

H. John Putnam v. Diane Keller

332 F.3d 541 · Court of Appeals for the Eighth Circuit · Jun 18, 2003

summary judgment motion premised on qualified immunity. … is clearly established.

Connor v. Foster

833 F. Supp. 727 · District Court, N.D. Illinois · Oct 1, 1993

Public officials are immune from liability for monetary damages under § 1983 if their conduct did not violate clearly established constitutional rights of which a reasonable person would have known. Harlow v. … Qualified immunity, of course, bars only Con-nor's claim for damages.

Austin Joseph Goodwin v. Board of Education of Fayette County

West Virginia Supreme Court · Nov 12, 2019

to qualified immunity. … established statutory laws rendering qualified immunity inapplicable.”9 The statute cited by the Petitioner as imposing a mandatory or discretionary duty on the Respondents to supervise him is W.

McIntyre v. United States

336 F. Supp. 2d 87 · District Court, D. Massachusetts · Sep 30, 2004

Qualified Immunity Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … The defense of qualified immunity applies unless the law is clearly established either by materially similar precedent or by general legal principles that apply with obvious clarity to the facts of the case. Hope v.

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.