Case law

Lopez

District Court, N.D. California · Dec 11, 2025

That 19 conclusion means that the police officers are entitled to qualified immunity. 20 In determining whether an officer has qualified immunity, courts consider (1) whether the 21 officer violated a constitutional … immunity.”

David Ayers v. City of Cleveland

773 F.3d 161 · Court of Appeals for the Sixth Circuit · Dec 2, 2014

In the qualified-immunity context, an example of a purely legal issue is the determination of “what law was clearly established” at the time of the officials’ conduct. Ortiz, 131 S. Ct. at 891 (quoting Johnson v. … The Sykes court found dispositive the fact that the Rule 50(a) motion never mentioned “qualified immunity” or other terms associated with that defense (e.g., “clearly established law” or “objectively unreasonable actions”

Schuler v. City of Boulder

189 F.3d 1304 · Court of Appeals for the Tenth Circuit · Sep 7, 1999

Quiller and Kotowski filed the instant appeal challenging the district court’s order which denied their qualified immunity defense and held that their actions taken against Schuler violated clearly established constitutional … Spurlock, 798 F.2d 1313, 1318 (10th Cir. 1986), and held that in June 1992, the law was clearly established so as to defeat a qualified immunity defense there.

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.

Horne v. Coughlin

191 F.3d 244 · Court of Appeals for the Second Circuit · Aug 25, 1999

was not clearly established at the time of the alleged violation. … Because the Ninth Circuit believed this constitutional right was already clearly established, it had denied qualified immunity. See id. at 1712 .

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

Handmaker v. Henney

128 N.M. 328 · New Mexico Supreme Court · Nov 17, 1999

resolution of the Essentially legal question whether the conduct of which the plaintiff complains violated clearly established law.’ ” Carrillo, 114 N.M. at 615 , 845 P.2d at 138 (quoting Mitchell, 472 U.S. at 526 , 105 S.Ct … 23(A), our review by writ of error is necessarily limited by the nature of immunity established by the Legislature.

Rodis v. City and County of San Francisco

499 F.3d 1094 · Court of Appeals for the Ninth Circuit · Aug 28, 2007

The *1097 court also found Barry and Liddicoet not entitled to qualified immunity because the illegality of the arrest was clearly established at the time. II. DISCUSSION A. … Defendants are Not Entitled to Qualified Immunity Qualified immunity serves as a defense to § 1983 claims against government officers “insofar as their conduct does not violate clearly established statutory or constitutional

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.

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.

Mettler Ex Rel. Burnett v. Nellis

280 Wis. 2d 753 · Court of Appeals of Wisconsin · Mar 22, 2005

We conclude that O'Connor's affidavit is sufficient to qualify her to give her opinions. … containing those opinions should be considered at summary judgment. 5 Nellis does not argue that expert opinion is inappropriate, only that O'Connor's affidavit is insufficient. 6 Nellis argues that O'Connor's affidavit does not establish

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.”

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.

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’

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.

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.

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.

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

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

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