Case law

Tucker v. Cty Richmond, KY

388 F.3d 216 · Court of Appeals for the Sixth Circuit · Oct 28, 2004

The doctrine of qualified immunity protects government officials who perform discretionary functions from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of … Assuming that “a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.

Thornton v. Kaplan

937 F. Supp. 1441 · District Court, D. Colorado · Jun 7, 1996

Accordingly, in the absence of such a clearly established constitutional or statutory right, defendant Skougstad is entitled to qualified immunity on plaintiffs Section 1983 free speech claim. … required in the qualified immunity analysis.

Hickey v. Hayse

188 F. Supp. 2d 722 · District Court, W.D. Kentucky · Dec 17, 2001

A government official enjoys qualified immunity if his conduct does not violate clearly established constitutional rights of which a reasonable person should have known. Williams v. … To find that an officer has violated the clearly established constitutional right negating the defense of qualified immunity, the trial court must find binding precedent establishing the right.

Baxter v. Vigo County School Corporation

26 F.3d 728 · Court of Appeals for the Seventh Circuit · Jun 14, 1994

By now, it is well established that certain government officials enjoy a qualified immunity from suit. … To determine the applicability of qualified immunity, the defendants' actions must be compared to what a reasonable official would believe was required in light of the clearly established legal rules.... 27 Casteel v.

Mullinax v. McElhenney

672 F. Supp. 1449 · District Court, N.D. Georgia · Nov 10, 1987

At best, defendants could be entitled to qualified immunity for these acts if, in doing the acts, they did not violate a clearly established law of which a reasonable person would have known. Harlow v. … and property rights were lawful in light of clearly established law and the information they possessed at the time.

Connie Robison v. Susan R. Via and Harold Harrison

821 F.2d 913 · Court of Appeals for the Second Circuit · Jun 17, 1987

There are a number of ways in which a defendant official may establish a defense of qualified immunity under § 1983. … For example, it has long been clearly established that an arrest without probable cause is a constitutional violation.

Chavez v. Illinois State Police

27 F. Supp. 2d 1053 · District Court, N.D. Illinois · Nov 5, 1998

To overcome a qualified immunity defense, the plaintiff must clear two separate hurdles. The plaintiff must show, first, that the right is, in fact, a clearly established right, Apostol v. … In the interests of completeness, the court will consider the second prong of the qualified immunity analysis and will assume, arguendo, that the plaintiffs have established that “freedom of movement” is a clearly established

McGregor v. Greer

748 F. Supp. 881 · District Court, District of Columbia · Sep 27, 1990

Therefore, in order to determine whether qualified immunity attaches, we must first determine whether plaintiff alleges violation of any clearly established rights. … Thus, the Court concludes that plaintiff did not have a “clearly established” right to privacy in the lobby of her apartment. Therefore, defendants are entitled to qualified immunity on this issue.

Cole v. Sharp

898 F. Supp. 799 · District Court, D. Kansas · Aug 11, 1995

The defendants have also raised qualified immunity as a defense. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

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.

S.P. v. Newark Police Department

428 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Sep 27, 2012

. 2C:25-21, and whether the officers acted in good faith to afford them qualified immunity under the PDVA, N.J.S.A. 2C:25~22. … Based on this determination, we need not reach the City’s defense of qualified immunity under the PDVA. I.

Avery v. King

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

“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 rights … 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

Littlejohn v. Rose

768 F.2d 765 · Court of Appeals for the Sixth Circuit · Jul 16, 1985

by impermissible motivation or in disregard of plaintiff’s clearly established rights.” … Rose, individually, is entitled to the defense of qualified immunity.

Steele v. City of Bemidji

242 F. Supp. 2d 624 · District Court, D. Minnesota · Jan 2, 2003

This shield is known as qualified immunity. To determine whether the five above-named defendants have qualified immunity in this case, the Court makes a three-pronged inquiry. … To withstand a defense of qualified immunity at the summary judgment stage, a plaintiff must assert a violation of a constitutional or statutory right; that right must have been clearly established at the time of the violation

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.

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.

International Islamic Community of Masjid Baytulkhaliq, Inc. v. United States

981 F. Supp. 352 · District Court, Virgin Islands · Aug 29, 1997

Qualified immunity exists where the federal agents' conduct "does not violate clearly established statutory or constitutional rights of *306 which a reasonable person would have known." Harlow v. … Generally, 'good faith' or qualified immunity attaches in a suit for civil damages when the conduct of the government employee performing a discretionary function "does not violate clearly established statutory or constitutional

Williams v. City of Luling

802 F. Supp. 1518 · District Court, W.D. Texas · Sep 8, 1992

A police officer is entitled to qualified immunity if his or her conduct “does not violate clearly established statutory or constitutional rights of which a reasonable [police officer] would have known.” Harlow v. … for summary judgment raising the issue of qualified immunity.

Ely v. Dearborn Heights School District No. 7

150 F. Supp. 3d 842 · District Court, E.D. Michigan · Dec 14, 2015

Qualified Immunity Defendants Jeffrey Bartold and Todd Thieken argue that they are entitled to qualified immunity because, at the time of the conduct in question, there was no clearly established law holding that “a governmental … “Although the focus-of the clearly established prong is whether the official had notice that his .alleged conduct, was improper, ... qualified immunity is an objective rather than a subjective inquiry.”

Ngo v. Storlie

495 F.3d 597 · Court of Appeals for the Eighth Circuit · Jul 26, 2007

actions were objectively reasonable in light of clearly established law. … Here, we must ask whether Ngo’s right to be free from excessive force is clearly established.