Case law

Robey v. Chester County

946 F. Supp. 333 · District Court, E.D. Pennsylvania · Sep 12, 1996

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), a court determines qualified immunity according to an objective standard: an official’s conduct must not violate clearly established statutory or constitutional … Only federal constitutional and statutory rights can be considered in evaluating a claim for qualified immunity under Harlow ; violations of clearly established state law alone are not sufficient. Davis v.

Kaufman v. Carter

952 F. Supp. 520 · District Court, W.D. Michigan · Dec 9, 1996

I conclude that defendants are not entitled to qualified immunity on the ground that it was not “clearly established” that the Rehabilitation Act and the ADA apply to prisons. … Qualified immunity is not available where an official violates “clearly established statutory ... rights of which a reasonable person would have known.” Harlow v.

Teresa Buchanan v. F. Alexander

919 F.3d 847 · Court of Appeals for the Fifth Circuit · Mar 22, 2019

The qualified immunity inquiry comprises two questions: (1) “whether the defendant violated the plaintiff’s constitutional rights” and (2) whether that right was clearly established. 32 “We now have discretion to skip the … That is because of the second part of the qualified immunity inquiry, which requires a plaintiff to show that any violation of rights was clearly established at the time the conduct occurred.

Viero v. Bufano

901 F. Supp. 1387 · District Court, N.D. Illinois · Dec 28, 1995

Immunity Búfano and Little also seek dismissal on qualified immunity grounds. … That is enough to strip them of any putative qualified immunity because, as Hamilton v.

Cline v. Union County, Iowa

182 F. Supp. 2d 791 · District Court, S.D. Iowa · Oct 30, 2001

elements essential to his claims, Defendants are immune from liability under Iowa Code § 760.4 (3) (2001), Defendants are entitled to qualified immunity under section 1983, and Cline has not established his section 1983 … Qualified Immunity Qualified immunity protects government officials from suit when their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

John Crosetto v. State Bar of Wisconsin

12 F.3d 1396 · Court of Appeals for the Seventh Circuit · Jan 24, 1994

Where the affirmative defense of qualified immunity is properly raised, “the plaintiff bears the burden of establishing the existence of the allegedly clearly established constitutional right.” Rakovich v. … Since Smay properly raised this defense, unless Plaintiffs can show that a sufficient consensus clearly established the existence of a violated constitutional right, Smay' will receive qualified immunity from Plaintiffs’

Rigdon v. Georgia Board of Regents

594 F. Supp. 2d 1312 · District Court, S.D. Georgia · Dec 17, 2008

This Court held in its August 4, 2008 Order, 2008 WL 2986389 , that there is no question of law as to whether the following rights were clearly established: (1) the right not to be terminated from employment at a public uni-versify … established law.

Thompson v. City of Clio

765 F. Supp. 1066 · District Court, M.D. Alabama · May 2, 1991

Qualified Immunity a. … were clearly established in April and May of 1990.

Dohner v. Neff

240 F. Supp. 2d 692 · District Court, N.D. Ohio · Dec 11, 2002

Qualified Immunity In Harlow v. … Qualified Immunity for Neff To find a clearly established constitutional right, a district court must find binding precedent from the Supreme Court, its court of appeals, or itself. Ohio Civil Serv. Employees Ass’n. v.

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.

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

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

Leichter v. Lebanon Board of Education

917 F. Supp. 2d 177 · District Court, D. Connecticut · Jan 9, 2013

Qualified immunity “protects government officials from liability where the officials’ conduct was not in violation of a ‘clearly established’ constitutional right.” Sudler v. … by qualified immunity.”

Ottman v. City of Independence

341 F.3d 751 · Court of Appeals for the Eighth Circuit · Sep 3, 2003

Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional or statutory rights of which a reasonable person … Therefore, Hahl is entitled to qualified immunity. C.

Johnson v. Outboard Marine Corp.

172 F.3d 531 · Court of Appeals for the Eighth Circuit · Mar 24, 1999

The court similarly found that the private defendants were also entitled to qualified immunity and dismissed them from the suit. Rumery and Johnson appeal, contesting the court's findings of qualified immunity. II. … We find the issue of qualified immunity is misplaced for two reasons.

Joseph v. Patterson

795 F.2d 549 · Court of Appeals for the Sixth Circuit · Jul 2, 1986

If the law which the defendant’s conduct is alleged to have violated is clearly established, then the qualified immunity defense must fail and discovery proceed. … If the law is not clearly established, the defendant is immune and summary judgment is proper. Windsor, 719 F.2d at 165 .

Wilson v. Lawrence County

260 F.3d 946 · Court of Appeals for the Eighth Circuit · Aug 15, 2001

Qualified Immunity 13 "[G]overnment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Creighton, 483 U.S. 635, 638 (1987). 14 In determining if appellants are entitled to qualified immunity we must ask whether Wilson states a violation of a constitutional right, and whether that right was clearly established

Students for Life USA v. Waldrop

90 F. Supp. 3d 1265 · District Court, S.D. Alabama · Feb 4, 2015

Qualified Immunity. … Certainly Bloedom does not clearly establish for purposes of qualified immunity analysis the proposition for which the plaintiff contends.

Danny M. Bennett v. Dennis Lee Hendrix

423 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Sep 9, 2005

DISCUSSION Our procedure in assessing qualified immunity is well-established. … Clearly Established Law The final step in the qualified immunity inquiry is determining whether the law was clearly established so as to put the defendants on notice that their behavior violated the plaintiffs’

Wayne Ernest Barker v. Ben Norman and Jack Ballas

651 F.2d 1107 · Court of Appeals for the Fifth Circuit · Jul 30, 1981

qualified immunity defenses. … The Scope of the Qualified Immunity-Defenses 1.