Case law

Adams v. Glaser

138 F. Supp. 3d 727 · District Court, E.D. Louisiana · Oct 5, 2015

Individual Capacity—Qualified Immunity “Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” 90 As explained by the United States. … Supreme Court, “qualified immunity seeks to ensure that defendants reasonably can anticipate when their conduct may give rise to liability.” 91 “In essence, qualified immunity “avoid[s] excessive disruption of government”

Ramirez v. United States

81 F. Supp. 2d 532 · District Court, D. New Jersey · Jan 4, 2000

“Unless the plaintiffs allegations state a claim for violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal.” Mitchell v. … contrary to established law that they are not entitled to qualified immunity.

Mercado v. City of Orlando

323 F. Supp. 2d 1266 · District Court, M.D. Florida · Jun 24, 2004

Scherer, 468 U.S. 183, 194 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (holding, in the context of “clearly established law,” that “[o]fficials sued for constitutional violations do not lose their qualified immunity merely because … The Court thus, finds that the law was not clearly established and that. Officer Padilla and Officer Rouse, as his supervising officer, are entitled to qualified immunity.

Estate of Gilliam Ex Rel. Waldroup v. City of Prattville

667 F. Supp. 2d 1276 · District Court, M.D. Alabama · Oct 26, 2009

Therefore, if the violated right was not clearly established under contemporary law, qualified immunity still applies. Id. at 201, 121 S.Ct. 2151 . *1288 2. … A constitutional right is clearly established for qualified-immunity purposes in one of three ways: (1) case law with indistinguishable facts that clearly establishes the right; (2) a broad statement of principle in the Constitution

LSO, Ltd. v. Stroh

205 F.3d 1146 · Court of Appeals for the Ninth Circuit · Mar 6, 2000

Once the defense of qualified immunity is raised by the defendant, the plaintiff bears the burden of showing that the rights allegedly violated were “clearly established.” See Shoshone-Bannock Tribes v. … Thus, LSO’s right was “clearly established.” 3.

Cullinan v. Abramson

128 F.3d 301 · Court of Appeals for the Sixth Circuit · Dec 18, 1997

The grounds on which the defendants relied included both absolute immunity and qualified immunity. … Plaintiffs would be able to convert the rule of qualified immunity that our cases plainly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights."

In Re El Comandante Management Co., LLC

358 B.R. 1 · United States Bankruptcy Court, D. Puerto Rico · Aug 10, 2006

Qualified Immunity. … The “clearly established rights” standard makes the defense of qualified immunity a difficult basis for a motion to dismiss. Walton v. Watts, 185 B.R. 963 , 969 n. 5 (Bankr.N.D.Ga.1995).

Angel Mendez v. County of Los Angeles

Court of Appeals for the Ninth Circuit · Mar 2, 2016

The court also held that its conclusions in each respect were supported by clearly established law and that the officers were not entitled to qualified immunity. … In the absence of clearly established law that squarely governs the situation here, qualified immunity is appropriate on the knock-and-announce claim. Id. at 309.

Lewis v. McCracken

782 F. Supp. 2d 702 · District Court, S.D. Indiana · Mar 21, 2011

Qualified Immunity We turn next to the issue of qualified immunity protections, if any, available to Chief McCracken. … Qualified immunity shields McCracken from individual liability under Section 1983 for actions taken by him in the course of his performance of his discretionary functions, unless his conduct violated clearly established statutory

Ramos v. Carbajal

508 F. Supp. 2d 905 · District Court, D. New Mexico · Mar 31, 2007

When a defendant asserts a qualified immunity defense, the burden shifts to the plaintiff, who must establish: (i) that the defendant violated a constitutional right; and (ii) that the constitutional right violated was clearly … , the Court believes that Rodriguez would still be entitled to qualified immunity, because, in the context of this case, the proper application of clearly established law to the facts is unclear.

Bala v. Stenehjem

671 F. Supp. 2d 1067 · District Court, D. North Dakota · Nov 30, 2009

Qualified immunity protects government officials from civil lawsuits unless “ ‘their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known.’” Anderson v. … was clearly established at the time of the deprivation.” 2 Howard v.

D'Aguanno v. Gallagher

50 F.3d 877 · Court of Appeals for the Eleventh Circuit · Mar 29, 1995

Therefore, to overcome defendants’ qualified immunity defense, plaintiffs must establish that defendants’ conduct violated “‘clearly established statutory or constitutional rights of which a reasonable person would have known … To overcome the qualified immunity defense, citing precedent which establishes a general right will not do.

Paige v. Coyner

867 F. Supp. 2d 975 · District Court, S.D. Ohio · Mar 29, 2012

Qualified Immunity Defendants next urge the Court to find that Defendant Coyner is entitled to qualified immunity. … Defendants assert that Coyner is entitled to immunity because Plaintiff has not shown that the constitutional right she claims was violated was clearly established at the time (doc. 39).

Johnson v. City of New York

940 F. Supp. 631 · District Court, S.D. New York · Sep 24, 1996

An officer may also establish qualified immunity by showing that, notwithstanding a violation of a clearly established constitutional or statutory right, it was objectively reasonable for him to believe his actions did not … Polis is Entitled to Qualified Immunity on the Excessive Force Claim Polis is entitled to qualified immunity on Johnson’s excessive force claim.

Kim Shultz v. Bryan Buchanan

829 F.3d 943 · Court of Appeals for the Eighth Circuit · Jul 19, 2016

To defeat qualified immunity, the evidence must support a finding that Buchanan violated a clearly established constitutional right. … The entry thus did not violate Shultz’s clearly established rights.

Billingsley v. St. Louis County

70 F.3d 61 · Court of Appeals for the Eighth Circuit · Nov 14, 1995

It held that government officials are generally immune from suit in performing discretionary duties if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, we cannot say that defendants should have known they were violating a clearly established right.

Nathan Rinne v. Camden County

65 F.4th 378 · Court of Appeals for the Eighth Circuit · Apr 13, 2023

Hasty moved to dismiss on the basis of qualified immunity. … A public official enjoys qualified immunity from suit under 42 U.S.C. § 1983 unless a plaintiff shows that the official’s alleged conduct violated one of the plaintiff’s clearly established constitutional rights.

Costello v. City of Burlington

708 F. Supp. 2d 438 · District Court, D. Vermont · Mar 26, 2010

Qualified immunity shields government officials, including law enforcement officers, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Thus, a rule disallowing application of Burlington’s City Ordinance to the facts of this case would not be “clearly established,” and Sergeant Lewis would be entitled to qualified immunity even assuming a constitutional violation

Katherine Reynolds v. City of Anchorage, Leslie Watson, Jefferson County Officer

379 F.3d 358 · Court of Appeals for the Sixth Circuit · Aug 9, 2004

Under qualified immunity, “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Fitzgerald, Mitchell [was] immune unless his actions violated clearly established law.”).

Ballantyne v. Champion Builders, Inc.

47 Tex. Sup. Ct. J. 852 · Texas Supreme Court · Jul 9, 2004

Federal courts recognize a qualified immunity for public officials, which is analogous although not identical to our official immunity. … Qualified immunity protects governmental officers with discretionary authority from liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would