Case law

Myers v. Potter

422 F.3d 347 · Court of Appeals for the Sixth Circuit · Sep 7, 2005

violated, and (2) whether that right was clearly established.” … by Officer Hutchins was clearly established at the time Myers was taken into police custody.

Hammett v. Oklahoma Dept. of Mental Health & Substance Abuse Services

153 F.3d 727 · Court of Appeals for the Tenth Circuit · Jul 21, 1998

Because Plaintiff has alleged a clearly established right of which a reasonable person should have known, and given the scant factual record on this Rule 12(b)(6) motion, it is premature to grant qualified immunity. … Jordan, 958 F.2d 332, 336 (10th Cir.1992) (stating that court cannot frame question of qualified immunity as factual to avoid determining whether the law was clearly established at time of alleged violation). 17 AFFIRMED.

Baylor Scott & White v. Peyton

549 S.W.3d 242 · Court of Appeals of Texas · Apr 19, 2018

We therefore focus our analysis on whether BHCS qualifies for immunity under section 285.072. See itation index="23" url="https://cite. case.law/citations/? … BHCS Does Not Qualify for Immunity under Section 285.072 As set forth above, a hospital district management company is entitled to governmental immunity under the TTCA "in its management or operation of a hospital under a

Hassell v. Fischer

879 F.3d 41 · Court of Appeals for the Second Circuit · Jan 3, 2018

 immunity because they had  violated  clearly  established  law,  announced  in  Earley  I,  when  they  administratively  added  and  then  applied  the  conditions  of  a  PRS  term  to  Hassell.7  The  District  Court …   clearly  established  statutory  or  constitutional  rights  of  which a reasonable person would have known.’” 

Ruiz-Bueno v. Scott

639 F. App'x 354 · Court of Appeals for the Sixth Circuit · Feb 2, 2016

Whether a defendant receives qualified immunity turns on two questions: did the defendant violate a constitutionally protected right, and if so, was the right clearly established at the time the act was committed? … In determining whether clearly established law has been violated, we examine the “objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.”

GJR Investments, Inc. v. County of Escambia

132 F.3d 1359 · Court of Appeals for the Eleventh Circuit · Jan 5, 1998

Under the qualified immunity doctrine, government officials performing discretionary functions8 are immune not just from liability, but from suit, unless the conduct which is the basis for suit violates "clearly established … This is particularly true in cases involving qualified immunity, where we must determine whether a defendant's actions violate a clearly established right.

Brown Ex Rel. Estate of Brown v. Chapman

814 F.3d 436 · Court of Appeals for the Sixth Circuit · Feb 19, 2016

The officers asserted that they were entitled to qualified immunity, and the City asserted that plaintiff could not establish municipal liability. Id. at 1 (Page ID #97). … If, for example, “the [City] ratified [the officers’] misconduct which, though unconstitutional, was not in violation of clearly-established law,” a court could find the officers immune but the City liable. Baker v.

Casines v. Murchek

766 F.2d 1494 · Court of Appeals for the Eleventh Circuit · Jul 29, 1985

Qualified Immunity The district court ruled that the appellants were not entitled to qualified immunity because Casines’s right to a pre-termi-nation hearing was clearly established at the time of her discharge. … Rather, she argues that appellants are not entitled to qualified immunity because their conduct violated clearly established state law.

Simons v. Marshall

369 Ark. 447 · Supreme Court of Arkansas · Apr 26, 2007

In this regard, Simons argues that Marshall failed to allege facts sufficient to establish malice and in the absence of malice, he is entitled to qualified immunity under section 19-10-305(a). … There, this court recognized that an official is immune from suit if his actions did not violate clearly established principles of law of which a reasonable person would have knowledge.

Gary Beavers v. James Edgerton

Court of Appeals for the Ninth Circuit · Jul 18, 2019

“the law regarding a prison guard’s use of excessive force was clearly established by 1994”); see also Blankenhorn v. … Regardless, it is “clearly established that the officers [may] not intentionally deny or delay access to medical care” to pretrial detainees. Clement v.

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

Caygill v. Jablonski

78 Ohio App. 3d 807 · Ohio Court of Appeals · Sep 30, 1992

R.C. 4123.741 clearly provides immunity to a tortfeasor “employee” from liability for damages resulting from injuries received in the course of and arising out of the injured employee’s employment. … The General Assembly has established certain basic guidelines to assist in determining legislative intent.

Bell v. Marseilles Elementary School

160 F. Supp. 2d 883 · District Court, N.D. Illinois · Mar 29, 2001

“A qualified immunity analysis entails a purely objective inquiry to determine whether, at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual context … Board of Educ., 894 F.Supp. 386, 390 (D.Kan.1995) (the law regarding student strip searches is clearly established); Konop, 26 F.Supp.2d at 1196 (denying qualified immunity because “the holding in T.L.O. is not, in any way

Hamilton ex rel. Hamilton v. Cannon

864 F. Supp. 1332 · District Court, M.D. Georgia · Sep 13, 1994

violated a clearly established constitutional right defined in Wide-man he is not entitled to qualified immunity. *1337 Applying the test enumerated in Courson v. … Lacking a clearly established right the Courson test cannot be satisfied, and so Brown is entitled to qualified immunity. C.

People v. Onesra Enterprises, Inc.

7 Cal. App. Supp. 5th 7 · Appellate Division of the Superior Court of California · Dec 19, 2016

Immunity—L.A. Mun. Code Section 45.19.6.3, Subdivision E In regard to L.A. Mun. Code section 45.19.6.2, the trial court determined defendants did not qualify for immunity under L.A. Mun. … Thus, the use of the disjunctive clearly expresses that the failure to obtain registration either in 2011 or 2012 will suffice to disqualify the defendant from immunity.

Golthy v. Alabama

287 F. Supp. 2d 1259 · District Court, M.D. Alabama · Oct 17, 2003

First, the words of a federal statute or constitutional provision may be specific enough “to establish clearly the law applicable to particular conduct and circumstances and to overcome qualified immunity, even in the total … If the circumstances facing the official are “materially similar” to those of the fact-specific case, this precedent can clearly establish the applicable law and qualified immunity will not be warranted. Id. at 1352 .

Arthur J. Cinelli v. Michael Cutillo and Robert Nunez

896 F.2d 650 · Court of Appeals for the First Circuit · Feb 23, 1990

THE DOCTRINE OF QUALIFIED IMMUNITY “[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … concerning qualified immunity.

Hill v. Washington State Department of Corrections

628 F. Supp. 2d 1250 · District Court, W.D. Washington · Mar 31, 2009

Second, Plaintiffs contend that no individual Defendant is entitled to qualified immunity because a reasonable person would know that enforcing the DOC Policy violates a clearly established constitutional right. … Qualified Immunity Defendants also urge that they are entitled to qualified immunity because Plaintiffs have not alleged violation of a clearly established constitutional right and the pre-conviction eligibility requirement

Scott Furman Maxey, a Minor, by His Mother & Next Friend, Dianna Maxey v. Robert Fulton, Individually Julia Teska, Individually Harold E. Goldman, Individually Heriberto Martinez, Individually John Dentist, Individually John Doctor, Individually Jane Doctor, Individually, and James Borren, Individually, Joseph Donald Cole, by His Mother & Next Friend, Virginia Cole v. Robert Fulton, Individually Julia Teska, Individually Harold E. Goldman, Individually Luis A. Reinoso, Individually John Doctor, Individually Jane Doctor, Individually John Dentist, Individually, and James Borren, Individually

890 F.2d 279 · Court of Appeals for the Tenth Circuit · Nov 29, 1989

The Court reasoned that a denial of qualified immunity is conclusive because the court is deciding either that (1) the defendant violated clearly established law and is not entitled to immunity, or (2) that if the facts are … Mitchell itself recognizes that there will be times when discovery is proper: 13 Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled

GUILLEMARD GINORIO v. Contreras

409 F. Supp. 2d 101 · District Court, D. Puerto Rico · Jan 10, 2006

Qualified Immunity In their motion, the defendants argue that they are entitled to qualified *111 immunity in relation to plaintiffs’ due process claims. … immunity, the Court must consider “(1) whether plaintiffs allegations, if true, establish a constitutional violation; (2) whether that right was clearly established at the time of the alleged violation; and (3) whether a