Case law

Neu v. Corcoran

869 F.2d 662 · Court of Appeals for the Second Circuit · Mar 3, 1989

We therefore have jurisdiction to review the immunity ruling. 2. Qualified Immunity. … Qualified immunity shields officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Novoselsky v. Brown

822 F.3d 342 · Court of Appeals for the Seventh Circuit · May 10, 2016

Qualified Immunity on First Amendment Claim We turn next to Brown’s qualified immunity defense to Novoselsky’s § 1983 First Amendment retaliation claim. … Qualified immunity protects government agents from liability for their actions so long as they did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Concepcion v. MUNICIPALITY OF GURADBO

558 F. Supp. 2d 149 · District Court, D. Puerto Rico · May 11, 2007

Plaintiffs opposed this request stating that the Complaint survives a qualified immunity attack because it charges Defendants with violations of Plaintiffs’ clearly established constitutional rights, of which co-defendants … Furthermore, as to the other prongs of the qualified immunity test, the right to be free from any sort of political discrimination is a clearly established constitutional right which a reasonable government employee is aware

Amundsen v. Jones

533 F.3d 1192 · Court of Appeals for the Tenth Circuit · Jul 15, 2008

An appeal is proper if the defendant sets off to show that the law was not clearly established at the time of -6- the challenged action, or that qualified immunity is proper even … was clearly established at the time of the conduct at issue.

Chavez v. Jefferson County, Texas

District Court, E.D. Texas · Mar 21, 2023

The qualified immunity defense has two prongs: (1) “whether an official’s conduct violated a statutory or constitutional right of the plaintiff”; and (2) “whether the right was clearly established … Regardless of qualified immunity’s origins, this Court is bound by Fifth Circuit precedent and Supreme Court precedent—both which recognize qualified immunity.

Mena v. City of Simi Valley

332 F.3d 1255 · Court of Appeals for the Ninth Circuit · Jun 23, 2003

They argue that the district court erred in ruling that they are not entitled to qualified immunity. … Qualified Immunity Muehler and Brill argue' that they should be shielded from liability to Mena under the doctrine of qualified immunity. 2 “Qualified immunity is an entitlement not to stand trial or face the other burdens

Lopez v. Modisitt

488 F. Supp. 1169 · District Court, W.D. Michigan · Apr 4, 1980

a qualified immunity. … Likewise, this Court is not satisfied that the defendant’s entitlement to qualified immunity in the instant case can summarily be established.

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.

David L. McCartney, M.D. Darryl Williams, M.D. And Dorma Kohler v. Donald R. May, M.D.

Texas Court of Appeals, 7th District (Amarillo) · Jun 7, 2001

overcome their entitlement to qualified immunity. … (footnote: 4) Appellants have failed to conclusively establish McCartney and Williams’s qualified immunity on May’s substantive due process claims.

Arlen Yalkut v. Augie Gemignani and Myron Gold

873 F.2d 31 · Court of Appeals for the Second Circuit · Apr 18, 1989

), from which defendants claim qualified immunity. … Because Yalkut’s complaint alleges no actions by defendants that violated a clearly established constitutional right to due process, defendants are immune from suit.

Kanciper v. Lato

989 F. Supp. 2d 216 · District Court, E.D. New York · Nov 7, 2013

If absolute immunity does not apply, government actors may be shielded from liability for civil damages by qualified immunity, i.e., if their “conduct did not violate plaintiffs clearly established rights, or if it would … Although qualified immunity typically is asserted by police officers, the qualified immunity standard of arguable probable cause also applies to prosecutors. See Murphy v.

Toth v. City of Dothan, Ala.

953 F. Supp. 1502 · District Court, M.D. Alabama · Dec 6, 1996

Both Hadden and Ingram claim they are immune from suit under the well-established doctrine of qualified immunity. … Thus, in following the framework established in Siegert , the court must first establish whether the plaintiff has asserted a constitutional violation before delving into the qualified immunity analysis. See Tinney v.

Cruise-Gulyas v. Minard

918 F.3d 494 · Court of Appeals for the Sixth Circuit · Mar 13, 2019

Minard filed an interlocutory appeal, arguing that he is entitled to qualified immunity because, even assuming he violated Cruise-Gulyas's constitutional rights, those rights were not clearly established. … Qualified immunity protects police from personal liability unless they violate a person's clearly established constitutional or statutory rights. Kisela v.

Rudi Acosta Alma Acosta v. City and County of San Francisco Daniel Yawczak

83 F.3d 1143 · Court of Appeals for the Ninth Circuit · Jun 18, 1996

Qualified Immunity Determining whether a law enforcement officer is entitled to qualified immunity involves the .consideration of two questions: “1) Was the law governing the officer’s conduct clearly established? … hold that Yawczak is not entitled to qualified immunity.

Tucker v. Evans

276 F.3d 999 · Court of Appeals for the Eighth Circuit · Jan 14, 2002

Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998). 5 The prison employees are entitled to qualified immunity unless they violated Tucker's "clearly established" constitutional rights. Harlow v. … There was no violation of clearly established law in the training of Daniels, and thus the claim is without merit. III.

Stack v. Killian

96 F.3d 159 · Court of Appeals for the Sixth Circuit · Dec 12, 1996

Officials who perform discretionary functions are generally entitled to qualified immunity from individual liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional … The question of whether an official is protected by qualified immunity turns on the objective legal reasonableness of the action, assessed in light of the legal rules that were "clearly established" at the time it was taken

Delaney v. Massachusetts Bay Transportation Authority

24 F. Supp. 3d 121 · District Court, D. Massachusetts · Jun 4, 2014

Qualified Immunity For much the same reason, defendants are entitled to qualified immunity. … “A right is clearly established and immunity will not issue only if ‘every reasonable official would have understood that what he is doing violates that right.’ ” Id. at 50-51 (quoting Ashcroft v. al-Kidd, — U.S. -, 131 S.Ct

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

Thomas v. Hurley

51 F. App'x 694 · Court of Appeals for the Ninth Circuit · Nov 21, 2002

We agree that Hurley and Spanski are entitled to qualified immunity. … Therefore, Hurley and Spanski are entitled to qualified immunity. 1 AFFIRMED.

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.’”