Case law

Whalen v. Massachusetts Trial Court

397 F.3d 19 · Court of Appeals for the First Circuit · Feb 4, 2005

Moreover, the individual defendants claimed the shield of qualified immunity, arguing that Whalen did not have a clearly established constitutional right to a hearing before a budget-driven termination of his position' — … The “Clearly Established Right” and “Reasonableness” It is beyond debate that, as a general matter, the constitutional right to due process claimed by Whalen was clearly established at the time he was laid off.

Doug Morgan v. Plano Independent School Dist

Court of Appeals for the Fifth Circuit · Apr 2, 2014

To overcome the qualified immunity defense at the pleading stage, Morgan must allege that the objectionable conduct violated a right that was “clearly established at the time.” Pearson v. … The prior cases had so clearly established the law that the plaintiff was able to overcome the presumption in favor of qualified immunity. Id. at 1030.

Ronald Fosnight v. Robert Jones

41 F.4th 916 · Court of Appeals for the Seventh Circuit · Jul 27, 2022

Qualified im- munity protects government officials from damages liability unless they “violate clearly established statutory or constitu- 3 We note for completeness that the Supreme Court has never authorized a Bivens action … The district court may entertain a qualified-immunity defense on a defendant’s motion to dismiss.

Marley v. Crawford County, Arkansas

383 F. Supp. 2d 1129 · District Court, W.D. Arkansas · Jul 12, 2005

Qualified immunity shields defendants “[f]rom liability for civil damages *1132 insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Katz, 533 U.S. 194 , 204-07, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (qualified immunity does not shield conduct which violates clearly established rights; inquiry in determining whether a right is clearly established is

Tsotesi v. Board of Education of the City School District

258 F. Supp. 2d 336 · District Court, S.D. New York · Apr 23, 2003

of Board policies violated “clearly established statutory or constitutional rights.” 12 *339 Conclusion The motion of the BOE Defendants for judgment on the pleadings dismissing the complaint as to them is granted insofar … Vermont Dep’t of Educ., 313 F.3d 768 , 793 (2d Cir.2002) (holding that “a ruling on the availability of a qualified immunity defense would be premature” because “[t]he qualified immunity issue in this case turns on factual

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.

Matt Moonin v. Kevin Tice

868 F.3d 853 · Court of Appeals for the Ninth Circuit · Aug 22, 2017

We must grant Tice qualified immunity unless Moonin can show that Tice “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” City of San Francisco v. … The City previously had required officers to obtain prior written 8 We emphasize that we are here considering only the clearly established law prong of qualified immunity, not whether requiring notice or approval

Picciano v. McLoughlin

723 F. Supp. 2d 491 · District Court, N.D. New York · Jul 13, 2010

“Once qualified immunity is pleaded, plaintiffs complaint will be dismissed unless defendant’s alleged conduct, when committed, violated ‘clearly established statutory or constitutional rights of which a reasonable person … Scherer, 468 U.S. 183, 190 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (“Even defendants who violate [clearly established] constitutional rights enjoy a qualified immunity that protects them from liability for damages unless

Pintar v. Houck

690 Utah Adv. Rep. 45 · Court of Appeals of Utah · Sep 1, 2011

"The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established . constitutional rights of which a reasonable person would … was clearly established at the time of ...

Mandel v. O'HARA

320 Md. 103 · Court of Appeals of Maryland · Jul 27, 1990

Although the Governor of West Virginia is intimately involved in the state’s budget process, his participation clearly does not qualify for .legislative immunity under Supreme Court of Virginia . … Thus, the Court’s reference to a state’s entire legislative power was simply to point out that the case was clearly one for absolute legislative immunity.

Sharp v. Kelsey

918 F. Supp. 1115 · District Court, W.D. Michigan · Mar 13, 1996

Qualified Immunity With regard to the manner of handling Ms. Sharp, defendants claim they are entitled to qualified immunity. … In the Sixth Circuit, “when a defendant moves for summary judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable

May v. Franklin County Board of Commissioners

59 F. App'x 786 · Court of Appeals for the Sixth Circuit · Mar 12, 2003

that he had qualified immunity. … Pelletier, 516 U.S. 299, 307 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996) (“Mitchell clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary-judgment stage is

Christman v. Kick

342 F. Supp. 2d 82 · District Court, D. Connecticut · Oct 28, 2004

More specifically, a police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his “conduct does not violate clearly established statutory or constitutional rights of which … When considering a question of qualified immunity, however, a district court must determine whether, given the “specific context of the case,” the right was clearly established.

Doctor Awanna Leslie v. Hancock County Board of Education

Court of Appeals for the Eleventh Circuit · Jul 12, 2013

had was not clearly established. … “[T]o obtain qualified immunity, an official must first establish that he acted within his discretionary authority.”

Marten v. Swain

242 F. Supp. 3d 744 · District Court, S.D. Indiana · Mar 16, 2017

right, and the designated evidence does not show a violation of any clearly established constitutional right. … As additional bases to defeat qualified immunity, the Martens also assert that Swain violated their clearly established constitutional rights by providing false testimony during the proceedings to further the criminal cases

Brandt v. City of Westminster

300 F. Supp. 3d 1259 · District Court, D. Colorado · Mar 19, 2018

Qualified Immunity Defendants Esslinger and Rush assert they are entitled to qualified immunity, "which shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law … was clearly established at the time of the defendant's unlawful conduct."

Gullatte v. Potts

654 F.2d 1007 · Court of Appeals for the Fifth Circuit · Aug 31, 1981

of the qualified immunity. 590 F.2d at 110 . … qualified immunity as an affirmative defense to the action.

Jim Maxwell v. County of San Diego

697 F.3d 941 · Court of Appeals for the Ninth Circuit · Sep 13, 2012

Qualified immunity protects government officers “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 … To determine whether an officer is entitled to qualified immunity, we ask, in the order we choose, (1) whether the alleged misconduct violated a right and (2) whether the right was clearly established at the time of the alleged

Bloom v. Miami-Dade County

816 F. Supp. 2d 1265 · District Court, S.D. Florida · Sep 16, 2011

Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which a … ’s actions violate clearly established law.”

Smith v. State of Ala.

996 F. Supp. 1203 · District Court, M.D. Alabama · Feb 27, 1998

Where the law that the defendant allegedly violated was not clearly established at the time of the alleged offense, the defendant is entitled to qualified immunity. … The court will first determine if Smith’s rights under the equal protection clause were clearly established for purposes of qualified immunity.