Case law

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.

Connor v. Halifax Hospital Medical Center

135 F. Supp. 2d 1198 · District Court, M.D. Florida · Mar 5, 2001

This is particularly true in cases involving qualified immunity, where the court must determine whether a defendant’s actions violated a clearly established right. GJR Investments, 132 F.3d at 1367 . … rules that were “clearly established” at the *1217 time it was taken.

McGovern v. City of Minneapolis

480 N.W.2d 121 · Court of Appeals of Minnesota · Jan 21, 1992

Qualified immunity The individual officers argue they are entitled to qualified immunity against respondents’ claims under 42 U.S.C. § 1983 . We agree. … Whether qualified immunity exists turns on whether the officials violated clearly-established statutory or constitutional rights, the existence of which a reasonable person would have known.

Jaglowicz v. Bethel Township

178 F. Supp. 3d 262 · District Court, E.D. Pennsylvania · Apr 14, 2016

Qualified Immunity Chief Worrilow and the five township supervisors invoke qualified immunity. Ja-glowicz having conceded that Worrilow has no liability, we consider qualified immunity for the five township supervisors. … In other words, if we find that the alleged right was not clearly established, the inquiry ends and the official is entitled to qualified immunity.

Pleasant v. Lovell

654 F. Supp. 1082 · District Court, D. Colorado · Feb 12, 1987

Alternatively, defendants contend that they are entitled to qualified immunity because they did not violate clearly established constitutional rights which a reasonable investigator would have known. … Under Harlow , then, qualified immunity is established if it is proven that there was no violation of clearly established statutory or constitutional rights of which a reasonable person would have known.

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.

Anderson v. Larson

327 F.3d 762 · Court of Appeals for the Eighth Circuit · Apr 30, 2003

IV 20 Qualified immunity shields government officials from federal suit unless their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Harlow v. … The inquiry "focuses on the objective legal reasonableness of the official's acts," and the qualified immunity defense fails if the official violates a clearly established right because "a reasonably competent public official

Parks v. Warren Correctional Institution

51 F. App'x 137 · Court of Appeals for the Sixth Circuit · Nov 13, 2002

allegedly infringed was “clearly established[.]” … cannot review the issue of qualified 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 .

Sanford v. Russell

381 F. Supp. 3d 905 · District Court, E.D. Michigan · May 15, 2019

Fabrication of Evidence Claim The defendants argue that they are entitled to qualified immunity on the plaintiff's fabricated evidence claim because their conduct did not violate any clearly established law at the time of … Once the qualified immunity defense is raised, "the plaintiff must show that (1) the defendant violated a constitutional right and (2) that right was clearly established." McDonald v.

Fernando Jacquez v. R.K. Procunier

801 F.2d 789 · Court of Appeals for the Fifth Circuit · Oct 10, 1986

Qualified immunity shields state officials from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Forsyth stated, “[ujnless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” 472 U.S.

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.”

Moore v. Tri-City Hospital Authority

696 F. Supp. 1496 · District Court, N.D. Georgia · Jun 27, 1988

Gable, 823 F.2d 723, 733 (3d Cir.1987) (qualified immunity defense rejected in patronage dismissal of a policeman because “as of 1982 the law was ‘clearly established’ that a public employee could not be demoted in retaliation … Qualified Immunity (6) Whether defendants are entitled to qualified immunity in their individual capacities on either of plaintiff’s claims?

French v. City of Casey

361 F. Supp. 3d 1011 · District Court, D. Colorado · Jan 9, 2019

"When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … But the absence of such an opinion does not preclude a finding that the law was clearly established and so the officer is not entitled to qualified immunity. Id. at 1285 .

Kent v. Katz

327 F. Supp. 2d 302 · District Court, D. Vermont · Jan 20, 2004

Under both federal and state law, a qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his … In sum, Kent has not established that he is entitled to JMOL on either excessive force or qualified immunity. II.

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.

McDermott v. Town of Windham

204 F. Supp. 2d 54 · District Court, D. Maine · May 31, 2002

Defendant Cox: Qualified Immunity The Supreme Court has held that government officials performing discretionary functions are generally shielded from civil damages so long as their conduct “does not violate clearly established … Under qualified immunity, “Public officials who stand accused of civil rights violations under section 1983 nonetheless can-avoid liability... by showing either that they did not violate a right clearly established under

Urban v. Henley

654 F. Supp. 870 · District Court, D. Kansas · Jan 20, 1987

The Court has established an elaborate set of rules on immunity for both state and federal officers. … The law does not appear to have been clearly established on the claims made by the plaintiff since the plaintiff’s case was the first controversy involving these issues.

Fils v. City of Aventura

768 F. Supp. 2d 1188 · District Court, S.D. Florida · Aug 23, 2010

If he did, qualified immunity applies. … Thus, absent clearly established precedent condemning a factually similar type of arrest, a police officer can generally still claim qualified immunity based on arguable probable cause.

Jones v. Dalton

867 F. Supp. 2d 572 · District Court, D. New Jersey · Apr 3, 2012

First, “[t]he threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiffs allegations, if true, establish a constitutional violation.” Hope v. … immunity analysis has been satisfied. 10 Furthermore, there can be little doubt that the right to be free from searches and seizures not based on probable cause or a recognized exception was clearly established.