Case law

Horwitz v. State Board of Medical Examiners of State of Colorado

822 F.2d 1508 · Court of Appeals for the Tenth Circuit · Jul 7, 1987

or qualified immunity. … Horwitz's license and refused to reinstate it until May 1, 1984, they did not violate a clearly established constitutional right of due process. Dr.

Singleton v. Doe

210 F. Supp. 3d 359 · District Court, E.D. New York · Sep 28, 2016

Defendants also argue that, irrespective of Plaintiffs liberty interest, they are entitled to qualified immunity because they acted reasonably and not in violation of a clearly established right. (Id. at 8.) … Qualified immunity Qualified immunity protects public officials from liability for civil damages “unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged

Yoak v. Marshall University Board of Governors

223 W. Va. 55 · West Virginia Supreme Court · Dec 9, 2008

The appellees contend that the circuit court properly found that qualified immunity is applicable to the instant ease. … Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition

William Cass v. City of Dayton

770 F.3d 368 · Court of Appeals for the Sixth Circuit · Oct 16, 2014

In the alternative, the district court held that House was entitled to qualified immunity because Jordan’s constitutional rights were not clearly established. … There are two general steps to the qualified immunity analysis.

Carroll v. Lancaster Cnty.

301 F. Supp. 3d 486 · District Court, E.D. Pennsylvania · Mar 14, 2018

The Court went on to explain that neither Colburn I nor Colburn II clearly established such a right. Id. at 2045 . … Qualified Immunity Qualified immunity shields government officials performing discretionary functions from liability for civil *513 damages unless their conduct violates clearly established statutory or constitutional rights

Lisa Bukowski v. City of Akron, Patrick Summers and John Urbank, Lisa Bukowski v. City of Akron, Patrick Summers

326 F.3d 702 · Court of Appeals for the Sixth Circuit · Apr 16, 2003

As governmental officials acting within the scope of their duty, Urbank and Summers can claim qualified immunity. … Qualified immunity is an affirmative defense shielding governmental officials from liability as long as their conduct does “not violate clearly established statutory or constitutional rights of which a reasonable person would

John Schleck and Robert Kraft v. Ramsey County, Suzanne Alliegro, Michael Moriarity and Kathleen Mahoney

939 F.2d 638 · Court of Appeals for the Eighth Circuit · Sep 26, 1991

“Whether an official may prevail in [her] qualified immunity defense depends upon the ‘objective reasonableness of [her] conduct as measured by reference to clearly established law.’ ... … No other ‘circumstances’ are relevant to the issue of qualified immunity.” Davis v.

Washpon v. Parr

561 F. Supp. 2d 394 · District Court, S.D. New York · Jun 4, 2008

unreasonable in light of clearly established law. … If it was not reasonable, then for purposes of determining qualified immunity we next ask the purely legal question of whether the law was sufficiently established that a reasonable officer would know his conduct was unlawful

Courtney Richmond v. City of Brooklyn

490 F.3d 1002 · Court of Appeals for the Eighth Circuit · Jun 21, 2007

“Qualified immunity protects a government official from liability in a section 1983 action unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable person would … Therefore, we proceed directly to the second prong of the qualified immunity analysis, which asks whether the asserted constitutional right was clearly established.

Bryan Santini v. Joseph Fuentes

795 F.3d 410 · Court of Appeals for the Third Circuit · Aug 4, 2015

Background: Qualified Immunity Santini argues on appeal that the District Court erred in finding that the Trooper Defendants were entitled to qualified immunity with respect to his federal claims. … The doctrine of qualified immunity shields government officials who perform discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Branch International Services, Inc. v. Budde

890 F. Supp. 659 · District Court, E.D. Michigan · Jun 15, 1995

Alleging the violation of a broad constitutional right is insufficient to establish the violation of a clearly established right for purposes of overcoming qualified immunity. … Plaintiffs argue, in their response to defendants’ motion to dismiss, that the right to access to courts was a clearly established constitutional right, and therefore the qualified immunity defense is not applicable to this

Samaniego v. City of Kodiak

2 P.3d 78 · Alaska Supreme Court · May 19, 2000

The superior court set forth its view of Alaska's law of qualified immunity in a memorandum and ordered the parties to supplement their briefing. It then granted summary judgment on the basis of qualified immunity. … Fitzgerald 14 test for official immunity. 15 Under this standard, "the relevant inquiry is whether a reasonable official could have believed the challenged conduct was lawful in light of clearly established law and the facts

Pham v. University of Louisiana at Monroe

194 F. Supp. 3d 534 · District Court, W.D. Louisiana · Jul 13, 2016

On the other hand, the clearly established prong does not necessarily require a case- “directly on point.” See Morgan v. … Jackson is entitled to qualified immunity. 2.Dr. El Sayed Dr. El Sayed is also entitled to qualified immunity.

Dockery v. Tucker

73 F. Supp. 2d 224 · District Court, E.D. New York · Sep 24, 1998

As discussed above, Tucker is entitled to qualified immunity if plaintiffs rights were not clearly established, see Mitchell v. … As discussed above, defendant Tucker is entitled to qualified immunity if plaintiffs rights were not clearly established, see Mitchell v.

Kennedy v. Lehman

328 F. App'x 16 · Court of Appeals for the Second Circuit · May 6, 2009

A grant of qualified immunity allows public officials to be “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Be *20 cause the Individual Defendants did not violate a First Amendment right clearly-established as of 2002, we conclude that they are entitled to qualified immunity, and the district court must be reversed.

MacE Ex Rel. Revill v. City of Palestine, Texas

213 F. Supp. 2d 691 · District Court, E.D. Texas · Feb 8, 2002

The defense of qualified immunity, however, protects § 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … In considering the merits of a qualified immunity defense in excessive force cases, like this one, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established

Wendell Domina v. George VanPelt

235 F.3d 1091 · Court of Appeals for the Eighth Circuit · Dec 26, 2000

show a violation of clearly established law. … The commissioners would nonetheless be protected by qualified immunity if in early 1998 (the time of their alleged misconduct) it was not clearly established that the speech in which Mr.

Stephen G. Loftus v. Ester Clark-Moore

Court of Appeals for the Eleventh Circuit · Aug 13, 2012

The district court ruled that Clark-Moore and Ferguson were entitled to qualified immunity because neither social worker had violated a clearly established federal right of Loftus or his children. … Ferguson is entitled to qualified immunity because the threats that she allegedly made did not violate any clearly established federal right.

Young v. Martin

51 F. App'x 509 · Court of Appeals for the Sixth Circuit · Oct 21, 2002

a violation of clearly established law.” … Qualified Immunity 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

Campbell v. Erie Township

133 F. Supp. 2d 953 · District Court, E.D. Michigan · Mar 7, 2001

Creighton, 483 U.S. 635, 638 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) A government official is not entitled to qualified immunity if his conduct results in the violation of a clearly established statutory or constitutional … To withstand a motion for summary judgment based on a claim of qualified immunity in the Sixth Circuit, a plaintiff must establish two things.