Case law

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

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.

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.

Opinion No.

Arkansas Attorney General Reports · Dec 23, 2003

The test for the applicability of qualified immunity turns upon the "objective legal reasonableness of the action," assessed in light of legal rules that were "clearly established" at the time the action was taken. … The immunity is "qualified" because it does not obtain where the activity is in violation of clearly established law that a reasonable person would have known. Robinson v.

Ronda Marsh v. Phelps County

902 F.3d 745 · Court of Appeals for the Eighth Circuit · Aug 15, 2018

Qualified immunity protects government officials from liability for civil damages in their individual capacities if their conduct did not violate "clearly established statutory or constitutional rights of which a reasonable … Government officials are entitled to qualified immunity unless (1) the plaintiff has asserted a violation of a constitutional right; (2) the alleged right is clearly established; and (3) there exists a genuine issue of material

Purzycki v. Town of Fairfield

244 Conn. 101 · Supreme Court of Connecticut · Mar 17, 1998

The defendants moved to set aside the jury verdict, asserting that the plaintiffs failed to prove their claim that the imminent harm exception to the qualified governmental immunity doctrine applied to this case. … [A] municipal employee . . . has a qualified immunity in the performance of a governmental duty, but he may be liable if he misperforms a ministerial act, as opposed to a discretionary act.”

Thomas v. Hurley

51 F. App'x 694 · Court of Appeals for the Ninth Circuit · Nov 21, 2002

We agree that Hurley and Spanski are entitled to qualified immunity. … Therefore, Hurley and Spanski are entitled to qualified immunity. 1 AFFIRMED.

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.”

Grossman v. United States

District Court, S.D. New York · Feb 19, 2025

While Defendant Rezak raises a qualified immunity defense in his support brief, courts in this Circuit have long held that qualified immunity “turns on factual questions that cannot be resolved at [the motion to dismiss … Supp. 2d 659, 666 (S.D.N.Y. 2004) (“[r]esolution of qualified immunity depends on the determination of certain factual questions that cannot be answered at this stage of the litigation.” Denton v.

Stamps v. Town of Framingham

38 F. Supp. 3d 146 · District Court, D. Massachusetts · Dec 24, 2014

Stamps was objectively reasonable; and (3) Duncan is entitled to qualified immunity because a constitutional right to be free from unintentional shootings was not clearly established at the time of the incident. II. … For purposes of the second step of the qualified-immunity analysis, “[a] right is clearly established only if it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.”

Rivera-García v. Román-Carrero

938 F. Supp. 2d 189 · District Court, D. Puerto Rico · Jan 3, 2013

For that reason, I proceed to his argument for qualified immunity. 2. … Qualified Immunity and “Clearly Established” Rights Sosa-Vega asserts that even if the Fourth Amendment properly applies, he is entitled to qualified immunity.

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 .

Cole v. Barnes

128 F. Supp. 3d 1002 · District Court, M.D. Tennessee · Sep 4, 2015

Qualified Immunity Defendants Barnes and George contend that they are entitled to qualified immunity with respect to Plaintiffs First and Fourth Amendment claims because the Sheriffs Department had probable cause, in the … Qualified immunity “protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official’s position

Norfleet v. ARK. DEPT. OF HUMAN SERVICES

796 F. Supp. 1194 · District Court, E.D. Arkansas · Jun 1, 1992

Qualified immunity from liability for civil damages exists where the defendants' actions do not violate "clearly established constitutional rights of which a reasonable person would have known." … The Court, however, does not need to decide this question because it finds that the law in this area is not clearly established and the defendants are entitled to qualified immunity.

Bell v. Neukirch

376 F. Supp. 3d 989 · District Court, E.D. Missouri · Mar 21, 2019

When a party is asserting qualified immunity, "[t]he party asserting immunity always has the burden to establish the relevant predicate facts, and at the summary judgment stage, the nonmoving party is given the benefit of … Qualified immunity protects a police officer from liability in a 42 U.S.C. § 1983 action unless the officer's conduct violated a clearly established constitutional or statutory right. Winslow v.

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.

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.

Lovell v. Comsewogue School District

214 F. Supp. 2d 319 · District Court, E.D. New York · Aug 15, 2002

Qualified Immunity In two sentences, the defendants argue that Defendant Rella’s conduct is shielded by qualified immunity. … The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would

State v. Dachtler

318 N.W.2d 769 · North Dakota Supreme Court · Apr 29, 1982

Did the district court err when it ruled that Aaron Rash was qualified as an expert in glass comparison analysis? 2. … In this case, the State clearly had a reasonable explanation for refusing to produce Gray’s testimony through a request for immunity — the State believed that Gray was involved in the burglary, and the potential for charging