Case law

Estate of Alvarado ex rel. Alvarado v. Shavatt

673 F. App'x 777 · Court of Appeals for the Ninth Circuit · Jan 18, 2017

Government officials are entitled to qualified immunity from suits for damages unless (1) a plaintiff alleges facts that make out a constitutional violation, and (2) the right at issue was clearly established at the time … Because we reverse on this ground, we do not address Shavatt’s arguments about whether the right at issue was clearly established.

Metro. Dade County v. Chase Fed. Housing

705 So. 2d 674 · District Court of Appeal of Florida · Jan 28, 1998

The legislature established a fund and procedures for carrying out the necessary remedial measures. … The language of the immunity sections, see supra notes 2 and 3, is also comprehensive as to the preclusion of administrative and judicial action against those who qualify.

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.

Engel v. Buchan

778 F. Supp. 2d 846 · District Court, N.D. Illinois · Mar 4, 2011

immunity test: whether a reasonable officer would have known that his actions were unconstitutional in light of clearly established law. … , because Engel has properly stated a claim for a violation of a constitutional right, and because that right was clearly established at the time of the asserted violation, Buchan is not entitled to qualified immunity against

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.

Bonnie Lee Hinchman v. Edwin L. Moore Jr. And Robert A. Dombrowski

312 F.3d 198 · Court of Appeals for the Sixth Circuit · Dec 2, 2002

Immunity The defendants maintain, as alternative defenses, that they are entitled to both absolute and qualified immunity. … Qualified immunity Under the doctrine of qualified immunity, government officials performing discretionary functions will not incur liability for civil damages “insofar as their conduct does not violate clearly established

Werner v. Wall

836 F.3d 751 · Court of Appeals for the Seventh Circuit · Sep 1, 2016

Werner’s Eighth Amendment and due process claims for damages against the individual defendants were barred by qualified immunity because it was not clearly established at the time that AD 02-10 violated the constitutional … Because clearly established law at the time would not have notified the defendants in this case that the procedures set forth in AD 02-10 were unlawful, we conclude that they are entitled to qualified immunity on Mr.

McDay Ex Rel. McDay v. City of Atlanta

740 F. Supp. 852 · District Court, N.D. Georgia · Apr 4, 1990

Qualified Immunity Officers Cartwright and Price move for summary judgment on qualified immunity grounds. … The qualified immunity defense first recognized by the Supreme Court in Pierson 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

Hofschneider v. City of Vancouver

182 F. Supp. 3d 1145 · District Court, W.D. Washington · Apr 21, 2016

Schaffer also argues that his search and seizure of Hofschneider was conducted reasonably, and that, even if it was not, he is entitled to qualified immunity because any right he did violate was not “clearly established.” … the “right at issue was ‘clearly established’ at the time of the defendant’s alleged misconduct.”

McAllister v. Price

615 F.3d 877 · Court of Appeals for the Seventh Circuit · Aug 12, 2010

No. 10-1213 7 The doctrine of qualified immunity protects govern- ment officials from liability for civil damages when their conduct does not violate clearly established … established Fourth Amendment rights and thus deprives the defendant of qualified immunity.

De Ventura v. Keith

169 F. Supp. 2d 390 · District Court, D. Maryland · Sep 21, 2001

Under the doctrine of qualified immunity, public officials, such as law enforcement officials, are not liable under federal law for civil damages to the extent that their conduct does not contravene “clearly established rights … Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 2156 (2001). 1 To obtain qualified immunity under Saucier, Defendant Keith must establish that in light of the clearly established law on probable cause for warrantless arrests, he reasonably

Toler v. Troutt

631 F. App'x 545 · Court of Appeals for the Tenth Circuit · Nov 12, 2015

They filed this interlocutory appeal based on qualified immunity. … If such a general statement of the constitutional violation that must be clearly established were sufficient, qualified immunity would almost never be granted.

Turturro ex rel. Turturro v. City of New York

28 N.Y.3d 469 · New York Court of Appeals · Dec 22, 2016

In the specific proprietary field of roadway safety, a municipality is afforded “a qualified immunity from liability arising out of a highway planning decision” (Friedman, 67 NY2d at *480 283 ). 1 The qualified nature of … This qualified immunity, which applies in a specific field of proprietary functions, is separate from the governmental function immunity defense, which applies only to governmental functions, as explained.

Mary D. Branch v. Officer Timothy Gorman

742 F.3d 1069 · Court of Appeals for the Eighth Circuit · Feb 12, 2014

Qualified immunity is available to government officials who prove their conduct did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Officer Garbisch is entitled to qualified immunity.

Grady v. Town of Somers

294 Conn. 324 · Supreme Court of Connecticut · Dec 22, 2009

New Haven, supra, 767 ; and subsection (a) (1) (A) of § 52-557n “clearly and expressly abrogates the traditional common-law doctrine in this state that municipalities are immune from suit for torts committed by their employees … accrues to *347 the municipality when the employee successfully establishes qualified immunity, by permitting the municipality to avoid liability for indemnification, the defense is intended to benefit the employee in the

Parks v. City of Warner Robins, Ga.

841 F. Supp. 1205 · District Court, M.D. Georgia · Jan 14, 1994

Qualified Immunity The Eleventh Circuit Court of Appeals has adopted an objective-reasonableness test for determining whether a government official is entitled to qualified immunity. See Courson v. … Under this analysis, the defendant is entitled to qualified immunity if either (1) the law was not clearly established, or (2) the law was clearly established but the defendant did not violate the law. Id. n. 14. A.

Brook Mallak v. Anthony Runde

Court of Appeals for the Eighth Circuit · May 19, 2016

The defendants moved for summary judgment based on qualified immunity. … Qualified immunity shields a government official from liability unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Johnson v. BOARD OF POLICE COM'RS

370 F. Supp. 2d 892 · District Court, E.D. Missouri · Apr 27, 2005

To establish qualified immunity on a motion to dismiss, Defendant Warnecke must show that she is entitled to qualified immunity on the face of the complaint. Bradford v. … The second prong of the Saucier qualified immunity test requires the Court to consider whether the constitutional rights allegedly violated were "clearly established."

Wilkerson v. Stalder

329 F.3d 431 · Court of Appeals for the Fifth Circuit · May 14, 2003

The court must engage in a two-step analysis to determine whether an official is entitled to qualified immunity. … First, the court must determine whether the plaintiff’s allegations make out a violation of a clearly established constitutional right.