Case law

S&M Brands, Inc. v. Stein

2018 NCBC 26 · North Carolina Business Court · Apr 2, 2018

Plaintiff established an Escrow Fund and has made yearly payments into its Escrow Fund since the NC Qualifying Statute was enacted in 1999. … its immunity from suit.”

Chadwell v. Brewer

59 F. Supp. 3d 756 · District Court, W.D. Virginia · Oct 2, 2014

“Qualified immunity shields government officials performing discretionary functions from personal capacity liability for civil damages under § 1983, ‘insofar as their conduct does not violate clearly established statutory … was “clearly established” when the violation occurred.

Dukore v. District of Columbia

799 F.3d 1137 · Court of Appeals for the D.C. Circuit · Aug 25, 2015

. 3 The doctrine of qualified immunity entitles officers to immunity from suit unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the right in question was not clearly established, we need not broach the question of whether a constitutional violation occurred because the officers are entitled to qualified immunity regardless.

Sampson v. City of Schenectady

160 F. Supp. 2d 336 · District Court, N.D. New York · Aug 16, 2001

Qualified Immunity 1. … General Standard for Qualified Immunity The affirmative defense of qualified immunity “shields public officials from liability for their discretionary acts that do ‘not violate clearly established statutory or constitutional

CHABAK v. Monroy

65 Cal. Rptr. 3d 641 · California Court of Appeal · Sep 10, 2007

This immunity is absolute for mandated reporters and qualified for other individuals who report child abuse (voluntary reporters). … Monroy’s statements to the police clearly arose from protected activity, as is established by the case on which Chabak, and ultimately the trial court, relied.

Holloman v. Walker County Board of Education

334 F. Supp. 2d 1286 · District Court, N.D. Alabama · Jun 4, 2001

Qualified Immunity Defense Once a governmental actor interposes the defense of qualified immunity, a plaintiff, in order to overcome it, must demonstrate that the defendant’s actions “violated clearly established statutory … been clearly established.

Trujillo v. Rio Arriba County ex rel. Rio Arriba County Sheriff's Department

319 F.R.D. 571 · District Court, D. New Mexico · Dec 19, 2016

established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.

Chevallier v. Hand

884 F. Supp. 2d 807 · District Court, W.D. Arkansas · Aug 6, 2012

Because an “in the presence” requirement for a warrantless police arrest on a misdemeanor offense is “far from clearly established,” according to the Eighth Circuit, the question of whether Defendant is entitled to qualified … If Defendant had probable cause to arrest, under the circumstances, his actions would receive qualified immunity. Veatch, 627 F.3d at 1259 .

Sossamon v. LONE STAR STATE OF TEXAS

713 F. Supp. 2d 657 · District Court, W.D. Texas · Mar 28, 2007

The doctrine of qualified immunity affords protection against individual liability for civil damages to officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … With respect to a ruling on qualified immunity, the first question a court should address is “whether the plaintiff has alleged a violation of a clearly established constitutional right.” Siegert v.

Bliss v. Franco

446 F.3d 1036 · Court of Appeals for the Tenth Circuit · Apr 25, 2006

right was clearly established when the alleged violation occurred.” … Trask satisfy their burdens under the first two prongs of qualified immunity analysis. Their allegations under the Fourth Amendment, if true, establish a constitutional violation.

Shawn C. Pride, Plaintiff-Counter-Defendant-Appellant v. Various John Does, Trooper Jan Lamb, Defendant-Counter-Claimant-Appellee

997 F.2d 712 · Court of Appeals for the Tenth Circuit · Jun 15, 1993

Because Officer Lamb raised the defense of qualified immunity, it was incumbent upon Pride to “show that the law was clearly established when the alleged violation occurred and come forward with facts or allegations sufficient … to show that the official violated the clearly established law.”

Scott Furman Maxey, a Minor, by His Mother & Next Friend, Dianna Maxey v. Robert Fulton, Individually Julia Teska, Individually Harold E. Goldman, Individually Heriberto Martinez, Individually John Dentist, Individually John Doctor, Individually Jane Doctor, Individually, and James Borren, Individually, Joseph Donald Cole, by His Mother & Next Friend, Virginia Cole v. Robert Fulton, Individually Julia Teska, Individually Harold E. Goldman, Individually Luis A. Reinoso, Individually John Doctor, Individually Jane Doctor, Individually John Dentist, Individually, and James Borren, Individually

890 F.2d 279 · Court of Appeals for the Tenth Circuit · Nov 29, 1989

The Court reasoned that a denial of qualified immunity is conclusive because the court is deciding either that (1) the defendant violated clearly established law and is not entitled to immunity, or (2) that if the facts are … Mitchell itself recognizes that there will be times when discovery is proper: 13 Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled

Brassell v. Turner

468 F. Supp. 2d 854 · District Court, S.D. Mississippi · Nov 15, 2006

A two-step approach is used to evaluate qualified immunity claims. … If the plaintiffs allegations could make out a constitutional violation, the court then asks “whether the right was clearly established — that is, whether ‘it would be clear to a reasonable officer that his conduct was unlawful

Robert D. Mastroianni v. Michael J. Bowers, Patrick D. Deering

173 F.3d 1363 · Court of Appeals for the Eleventh Circuit · Apr 29, 1999

which neither absolute nor qualified immunity is available. … , nor does it permit a reasonable inference that Jackson was sufficiently involved in this case such that he had reason to know that his conduct violated Mastroian-ni’s clearly established rights.

Hawkins v. Boone

786 F. Supp. 2d 328 · District Court, District of Columbia · May 23, 2011

“The doctrine 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 person … In such a situation, they should not lose their qualified immunity. See Atherton v.

Scott v. City of Cleveland

555 F. Supp. 2d 890 · District Court, N.D. Ohio · May 13, 2008

State actors faced with a civil suit under § 1983 may be immune from liability for damages, but they enjoy a qualified, not absolute, immunity Harlow v. … clearly established.

Alburquerque v. Faz Alzamora

357 F. Supp. 2d 385 · District Court, D. Puerto Rico · Dec 9, 2004

Defendants additionally claim they are entitled to qualified immunity because their conduct did not violate clearly established statutory or constitutional rights a reasonable person would have known. … of which the plaintiff complains violated clearly established law.”

Jamie Hamilton v. Gary T. Myers, Executive Director of the Tennessee Wildlife Resources Agency

281 F.3d 520 · Court of Appeals for the Sixth Circuit · Apr 10, 2002

Accordingly, any “objectively reasonable” action by a state officer, as assessed in the light of clearly established law at the time of the conduct at issue, will be insulated by qualified immunity. … Thus, even if a public officer has deprived the plaintiff of a federal right, qualified immunity will apply if an objectively reasonable official would not have understood, by referencing clearly established law, that his

Davis v. Carroll

390 F. Supp. 2d 415 · District Court, D. Delaware · Sep 27, 2005

Whether Defendants are shielded from liability under the doctrine of qualified immunity A public official is entitled to qualified immunity if the official’s “conduct does not violate clearly established statutory or constitutional … If not, the inquiry ends, and the officer is entitled to qualified immunity. Id.

Gubitosi v. Kapica

154 F.3d 30 · Court of Appeals for the Second Circuit · Aug 19, 1998

Pelletier, 516 U.S. 299, 309 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996)), and proceed to consider whether the qualified immunity defense is established as a matter of law. 4 Here the gravamen of Kapica's qualified immunity … As a result, his qualified immunity defense is established as a matter of law. 13 (2) Accordingly, we vacate so much of the district court's order of May 9, 1997 as denied Kapica's motion for summary judgment based on qualified