Case law

Kiles v. City of North Las Vegas

276 F. App'x 620 · Court of Appeals for the Ninth Circuit · May 1, 2008

MEMORANDUM ** Robinson Reed appeals the district court’s denial of qualified immunity in this Section 1983 excessive force suit. We affirm. … The second step in qualified immunity analysis is whether the constitutional right at issue was clearly established at the time of the violation.

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

Mercer County Board of Education v. Holly Ruskauff

West Virginia Supreme Court · Nov 4, 2019

First, the BOE argues that it is entitled to qualified immunity and that qualified immunity bars negligence claims against governmental officials. … Accordingly, the BOE is entitled to qualified immunity; and, as such, we need not address the BOE’s other assignments of error.

Mendoza v. United States Immigration & Customs Enforcement

849 F.3d 408 · Court of Appeals for the Eighth Circuit · Feb 21, 2017

Under the doctrine of qualified immunity, government officials are generally immune from civil liability so long as "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To determine whether a government official is entitled to qualified immunity, we must ask (1) whether the official's action violated a constitutional right; and (2) whether the violated right was clearly established.

DeJesus v. Delaware

210 F. Supp. 3d 620 · District Court, D. Delaware · Sep 28, 2016

Government officials performing discretionary functions are generally immune from liability for civil damages when their conduct does “not violate clearly established statutory or constitutional rights of which a reasonable … To establish a case that overcomes qualified immunity, a plaintiff must plead facts “showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of

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

Hicks v. City Of Watonga

942 F.2d 737 · Court of Appeals for the Tenth Circuit · Aug 19, 1991

immunity. 31 Clearly, the threat to fire Mr. … Diffey's lone vote. 72 The appellants are entitled to qualified immunity on the property interest claim unless they violated Mr. Hicks' clearly established right. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

Daniels v. Delaware

120 F. Supp. 2d 411 · District Court, D. Delaware · Sep 29, 2000

In interpreting the Anderson approach to the “clearly established right” prong of the qualified immunity test, the Court of Appeals for the Third Circuit has *419 rejected a strict reading of Anderson which would require … However, the Hovater case is instructive on more than the “clearly established right” prong of the qualified immunity analysis.

Mandel v. O'HARA

320 Md. 103 · Court of Appeals of Maryland · Jul 27, 1990

Although the Governor of West Virginia is intimately involved in the state’s budget process, his participation clearly does not qualify for .legislative immunity under Supreme Court of Virginia . … Thus, the Court’s reference to a state’s entire legislative power was simply to point out that the case was clearly one for absolute legislative immunity.

Brandt v. City of Westminster

300 F. Supp. 3d 1259 · District Court, D. Colorado · Mar 19, 2018

Qualified Immunity Defendants Esslinger and Rush assert they are entitled to qualified immunity, "which shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law … was clearly established at the time of the defendant's unlawful conduct."

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

Goleta Union Elementary School District v. Ordway

166 F. Supp. 2d 1287 · District Court, C.D. California · Oct 12, 2001

Government officials performing discretionary functions are entitled to qualified immunity when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … /Portland, 988 F.2d at 872 . 14 Although the counter-claimants have met the burden of showing the right at issue was clearly established, Rigby nevertheless may be entitled to qualified immunity if she can show that a reasonable

Krug v. Lutz

329 F.3d 692 · Court of Appeals for the Ninth Circuit · May 14, 2003

Qualified Immunity Krug, for his part, challenges the district court’s conclusion that the ADOC officials are entitled to qualified immunity from his claim for damages. … We therefore move on: [T]he next, sequential step is to ask whether the right was clearly established.

Bloom v. Miami-Dade County

816 F. Supp. 2d 1265 · District Court, S.D. Florida · Sep 16, 2011

Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates clearly established statutory or constitutional rights of which a … ’s actions violate clearly established law.”

Shevlin v. Cheatham

211 F. Supp. 2d 963 · District Court, S.D. Ohio · May 7, 2002

Qualified immunity extends to individuals performing discretionary functions, unless their actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … immunity because he violated clearly established rights.

Bennie F. Calhoun v. New York State Division of Parole Officers: J. McQuire Ted Clark R. White and G. Stern

999 F.2d 647 · Court of Appeals for the Second Circuit · Jul 23, 1993

Qualified Immunity The doetrine of qualified immunity shields state officials from liability for damages if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person … Since in these circumstances the constitutional right now claimed by Calhoun was not clearly established in the spring of 1985, defendants White and Stern were entitled to qualified immunity.

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.

Cockcroft v. Kirkland

548 F. Supp. 2d 767 · District Court, N.D. California · Mar 10, 2008

Qualified Immunity. … The defense of qualified immunity protects “government officials ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Narducci v. Village of Bellwood

444 F. Supp. 2d 924 · District Court, N.D. Illinois · Aug 11, 2006

If such a violation has taken place, the court must determine whether that right was “clearly established” (id). … Clearly Established Law Once a constitutional violation has been identified, the dispositive question for a qualified immunity defense is whether the law was “clearly established” when the official acted, such that a reasonable

Vassallo Ex Rel. K v. v. Lando

591 F. Supp. 2d 172 · District Court, E.D. New York · Oct 31, 2008

Legal Standard “Qualified immunity shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The Second Circuit has held that under the doctrine of qualified immunity, “a right is clearly established if (1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the