Case law

Arnold v. McClain

926 F.2d 963 · Court of Appeals for the Tenth Circuit · Feb 21, 1991

to good faith or qualified immunity for his actions. 2. … Plaintiff has failed to establish a violation of clearly established law by Defendant or the requisite nexus to his actions.

García-Díaz v. Cintrón-Suárez

120 F. Supp. 3d 68 · District Court, D. Puerto Rico · Jul 23, 2015

The doctrine of qualified immunity protects public 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 … As such, the court focuses on the second prong of the qualified immunity test, namely, whether the right was clearly established at the time of the violation. 1.

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.

Burgess v. West

817 F. Supp. 1520 · District Court, D. Kansas · Mar 25, 1993

To summarize, public officials enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … -Once the defendant has successfully raised the qualified immunity defense, plaintiff must come “forward with facts or allegations to show both that the defendants’ alleged conduct violated the law and that the law was clearly

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.

Campbell v. Sumner

587 F. Supp. 376 · District Court, D. Nevada · Jun 11, 1984

Prison officials have qualified immunity from monetary liability under *380 § 1983. Procunier v. Navarette, supra, 434 U.S. at 561 , 98 S.Ct. at 859 . … Not only was the law not clearly established in June of 1982, when the envelope from the FBI arrived at the prison, it still isn’t clearly established in the Ninth Circuit.

Leibowitz v. CITY OF MINEOLA, TEX.

660 F. Supp. 2d 775 · District Court, E.D. Texas · Oct 2, 2009

Qualified Immunity Bittner asserts that he is entitled to qualified immunity. … Qualified immunity is intended to shield government officials from liability for monetary damages for acts in the performance of discretionary functions that were objectively reasonable in light of clearly established law

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.

Altman v. City of High Point

330 F.3d 194 · Court of Appeals for the Fourth Circuit · May 20, 2003

immunity analysis and determine whether the right was clearly established. … It is certainly true that an officer is not entitled to qualified immunity when he violates clearly established federal law.

Caygill v. Jablonski

78 Ohio App. 3d 807 · Ohio Court of Appeals · Sep 30, 1992

R.C. 4123.741 clearly provides immunity to a tortfeasor “employee” from liability for damages resulting from injuries received in the course of and arising out of the injured employee’s employment. … The General Assembly has established certain basic guidelines to assist in determining legislative intent.

Peter Wenk v. Edward O'Reilly

783 F.3d 585 · Court of Appeals for the Sixth Circuit · Apr 15, 2015

of qualified immunity, and (2) the issue appealed concerns not which facts the parties might be able to prove, but whether certain alleged facts reflect a violation of clearly established law.” … Qualified Immunity “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

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.

Crosby v. University of Kentucky

863 F.3d 545 · Court of Appeals for the Sixth Circuit · Jul 17, 2017

The doctrine of qualified immunity protects “government officials performing discretionary functions ,.. from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The closest precedent in this circuit, in fact, noted that this area of law was not so clearly established as to overcome the defense of qualified immunity. See Garvie v.

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 .

Avilés v. Figueroa

195 F. Supp. 3d 435 · District Court, D. Puerto Rico · Jul 16, 2016

Qualified Immunity Lastly, this Court how moves to consider whether Co-Defendant Martinez-Ortiz is protected by qualified immunity. The qualified immunity doctrine offers public officials complete immunity from suit. … In order to *449 grant qualified immunity, the First Circuit has clearly laid out a two-step process in which the court must engage: The two-step procedure for assessing a plea of qualified immunity at the motion to dismiss

Joseph De Ritis v. Thomas McGarrigle

861 F.3d 444 · Court of Appeals for the Third Circuit · Jun 29, 2017

not “clearly established” at the time of the challenged conduct. … Here, addressing both prongs of qualified immunity, the District Court concluded that Roger had violated De Ritis’s right to free speech and that the right, as defined by the District Court, was clearly established.

Barron v. Public Health Trust of Dade County

22 F. Supp. 2d 1368 · District Court, S.D. Florida · Aug 21, 1998

Miller, 57 F.3d 986, 991-93 (11th Cir.1995) (reversing district court’s denial of qualified immunity to defendants on plaintiffs’ First Amendment claims because it was not clearly established that transferring employees, … entitled to qualified immunity.

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.

Ramirez-Lluveras v. Pagan-Cruz

833 F. Supp. 2d 151 · District Court, D. Puerto Rico · Oct 3, 2011

Qualified Immunity The qualified immunity doctrine is an “escape hatch” from a state actor’s liability under section 1983. … A state actor does not benefit from qualified immunity if: (1) the plaintiff makes out a violation of a constitutional right that (2) was “clearly established” at the time of the alleged violation. Id.

Baumeister v. New Mexico Commission for the Blind

425 F. Supp. 2d 1250 · District Court, D. New Mexico · Mar 20, 2006

. § 1983 generally are entitled to qualified immunity unless it is shown that their actions violated a specific constitutional right and that the right which they allegedly violated was clearly established at the time of … P. 12(b)(6), and “[ujnless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”