Case law

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.

Thomas v. Arnold

696 F. Supp. 2d 882 · District Court, N.D. Ohio · Mar 18, 2010

Defendants argue they are entitled to qualified immunity. … Crooks Johnson held that an officer’s statement that he observed the plaintiffs car cross the center line was sufficient to establish probable cause and qualified immunity.

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

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.

Montgomery v. Conrad

District Court, M.D. Tennessee · Oct 20, 2022

When qualified immunity is raised in a motion to dismiss, the plaintiff’s allegations must “plausibly mak[e] out a claim that the defendant's conduct violated a constitutional right that was clearly established law at … established prong of the qualified immunity defense.

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.

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

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.

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.

Commonwealth v. ELM Medical Laboratories, Inc.

33 Mass. App. Ct. 71 · Massachusetts Appeals Court · Jul 24, 1992

Because the qualified immunity of public officials is personal to the official, see Rodrigues v. … ”), even if established, it would not necessarily preclude the liability of the sovereign (in the absence of its immunity), if the jury were to find that Ridley and Frechette, with the protection of qualified immunity, violated

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.

D'Aguanno v. Gallagher

50 F.3d 877 · Court of Appeals for the Eleventh Circuit · Mar 29, 1995

Therefore, to overcome defendants’ qualified immunity defense, plaintiffs must establish that defendants’ conduct violated “‘clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome the qualified immunity defense, citing precedent which establishes a general right will not do.

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.

Bradford v. County of Oakland

District Court, E.D. Michigan · Oct 9, 2020

B “Qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Rather, an officer is entitled to qualified immunity under § 1983 if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information possessed

J. J. v. City of San Diego

42 F.4th 990 · Court of Appeals for the Ninth Circuit · Nov 15, 2021

Prong one of this test is therefore not satisfied, and qualified immunity applies on that basis. Prong two, the clearly established prong, confirms this result. … Thus, unless J.K.J. can show that on the date the officers encountered Jenkins, it was clearly established that their conduct was unlawful, qualified immunity applies also under prong two.

Thomas Patrick Walsh v. Nicholas Mellas and Harry Martin

837 F.2d 789 · Court of Appeals for the Seventh Circuit · Jan 21, 1988

It was not “plain error” for the district court to deny Mellas and Martin qualified immunity. … Defendants’ delay in pursuing the qualified immunity issue has frustrated these important goals.

Sondra Weisbrod v. Virginia Donigan, Individually and as an Employee of the State of Florida, Department of Health and Rehabilitative Services

651 F.2d 334 · Court of Appeals for the Fifth Circuit · Jul 20, 1981

Defendants are entitled to qualified immunity if the record establishes they did not act in disregard of clearly established constitutional rights or with a malicious intent to deprive plaintiff of her rights. *336 Wood v … Because we uphold the district court’s finding of qualified immunity, we need not reach defendants’ claim of absolute immunity.

Sutton v. Tompkins County

617 F. Supp. 2d 84 · District Court, N.D. New York · Sep 25, 2007

Under federal law, “[t]he defense of qualified immunity shields governmental officials from civil liability if the official’s conduct did not *98 violate constitutional rights that were clearly established at the pertinent … When qualified immunity is asserted in a motion for summary judgment, of course, the facts material to the claim of qualified immunity must not be genuinely disputed. See Cecere, 967 F.2d at 829 .