Case law

Ross v. State of Ala.

893 F. Supp. 1545 · District Court, M.D. Alabama · Jul 7, 1995

Under the qualified immunity defense, the defendants are immune from liability if [the plaintiff’s] complaint fails to state a violation of a "clearly established statutory or constitutional right[] of which a reasonable … The purpose of qualified immunity is to shield government officials performing discretionary functions from civil trials and liability if their conduct does not violate " 'clearly established statutory or constitutional rights

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

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

Concepcion v. MUNICIPALITY OF GURADBO

558 F. Supp. 2d 149 · District Court, D. Puerto Rico · May 11, 2007

Plaintiffs opposed this request stating that the Complaint survives a qualified immunity attack because it charges Defendants with violations of Plaintiffs’ clearly established constitutional rights, of which co-defendants … Furthermore, as to the other prongs of the qualified immunity test, the right to be free from any sort of political discrimination is a clearly established constitutional right which a reasonable government employee is aware

Noelle Way v. County of Ventura Robert Brooks Karen Hanson, and Robert Ortiez, Ventura Police Officer

445 F.3d 1157 · Court of Appeals for the Ninth Circuit · Apr 20, 2006

It denied qualified immunity to Brooks and Hanson on the basis of Giles v. … If so, “the next, sequential step is to ask whether the right was clearly established.” Id.

Rasul v. Rumsfeld

414 F. Supp. 2d 26 · District Court, District of Columbia · Feb 6, 2006

Qualified immunity “shield[s 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 known.” … Any Constitutional Right was Not Clearly Established Assuming arguendo that the D.C.

Sears v. Bradley County Government

821 F. Supp. 2d 987 · District Court, E.D. Tennessee · Sep 26, 2011

Even if a government official deprives a plaintiff of a federal right, “qualified immunity will apply if an objective reasonable officer would not have understood, by referencing clearly established law, that his conduct … is entitled to qualified immunity.

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.

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.

Mitchell Garraway v. Jacquiline Ciufo

113 F.4th 1210 · Court of Appeals for the Ninth Circuit · Sep 3, 2024

As the Supreme Court stated in Mitchell: The conception animating the qualified immunity doctrine . . . is that where an official’s duties legitimately require action in which clearly established … And, of course, there’s a class of Bivens cases where raising a qualified immunity defense would be frivolous. Qualified immunity is only available when the constitutional law is not “clearly established.” See Wilk v.

Davis v. Holly

835 F.2d 1175 · Court of Appeals for the Sixth Circuit · Dec 30, 1987

Davis to have been clearly established in this jurisdiction. … Fitzgerald teaches that if a qualified-immunity defense is to be defeated on the ground that the constitutional violation was obvious, the constitutional rights in question must have been “clearly established” and must have

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 .

Levy v. City of New York

935 F. Supp. 2d 575 · District Court, E.D. New York · Mar 29, 2013

Qualified Immunity 1. Applicable Law Defendants claim they are entitled to qualified immunity as to Plaintiffs false arrest and malicious prosecution claims. … Sergeant Reed is Entitled to Qualified Immunity The Court concludes Sgt.

Amnesty International, USA v. Battle

484 F. Supp. 2d 1279 · District Court, S.D. Florida · Apr 24, 2007

Under the doctrine of qualified immunity, government officials performing discretionary functions are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates “clearly established … The purported right Amnesty seeks to invoke in order to pierce Defendants’ qualified immunity here is not as clearly established as the rights invoked by the arrested protestors in Jones .

Miami-Dade County v. Pozos

242 So. 3d 1152 · District Court of Appeal of Florida · Feb 15, 2017

or qualified immunity. … before it, clearly established the County’s immunity from suit.

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

Price v. Roark

256 F.3d 364 · Court of Appeals for the Fifth Circuit · Jul 18, 2001

If the allegations do not establish the violation of a constitutional right, the officer is entitled to qualified immunity. … If the allegations could make out a constitutional violation, we must ask whether the right was clearly established--that is, whether “it would be clear to a reasonable officer that his conduct was unlawful in the situation

Michael Sheets v. Ozean Moore

97 F.3d 164 · Court of Appeals for the Sixth Circuit · Oct 4, 1996

The court also refused to grant qualified immunity, concluding that at the time Moore rejected plaintiffs mail, plaintiffs right to receive such mail was clearly established. … A state official is entitled to qualified immunity to the extent that his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

MONTEILH v. County of Los Angeles

820 F. Supp. 2d 1081 · District Court, C.D. California · Jul 12, 2011

Qualified Immunity Qualified immunity shields public officials sued in their individual capacity for monetary damages, unless their conduct violates “clearly established” law that a reasonable public officer would have known … “whether the right was clearly established.”

Santiago-Mateo v. Cordero

109 F.3d 39 · Court of Appeals for the First Circuit · Mar 20, 1997

Public officials alleged to have committed civil rights violations are entitled to raise the defense of qualified immunity. … The defense is not available, however, if the official's conduct violates a federal right that was clearly established at the time of the infringement. See Harlow v.