Case law

Vent v. Johnson

303 S.W.3d 46 · Supreme Court of Arkansas · Feb 26, 2009

We disagree and hold that the qualified immunity afforded by section 21-9-301 must be asserted and proven as an affirmative defense. … In addition, in discussing the difference between absolute immunity and qualified immunity, this court has stated (in a somewhat different context) that, while absolute immunity “bars a suit at the outset,” qualified immunity

Min Li v. Qi Jiang

38 F. Supp. 3d 870 · District Court, N.D. Ohio · Aug 13, 2014

Defendants assert that Li has failed to show that the right in question was “clearly established” as required to defeat a qualified immunity defense. ECF No. 4 at 12. … The qualified immunity defense “shields governmental officials performing discretionary functions [ ] insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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.

Amtreco, Inc. v. O.H. Materials, Inc.

802 F. Supp. 440 · District Court, M.D. Georgia · Oct 13, 1992

for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Assuming that plaintiffs had constitutional rights protecting them from the alleged wrongful conduct of the federal defendants, these rights are obviously not clearly established.

Thomas J. McDonnell v. Michael Cournia, Richard Menzel, Gary Moe, Thomas Christopher

990 F.2d 963 · Court of Appeals for the Seventh Circuit · Apr 7, 1993

To determine whether an official’s conduct violates clearly established law requires a two-step inquiry. First, the plaintiff must show that the law was clearly established when the challenged conduct occurred. … In this case, then, qualified immunity shields the defendant police officers from McDonnell’s damage action if “a reasonable officer could have believed [McDonnell’s arrest] to be lawful, in light of clearly established law

Austin Joseph Goodwin v. Board of Education of Fayette County

West Virginia Supreme Court · Nov 12, 2019

to qualified immunity. … established statutory laws rendering qualified immunity inapplicable.”9 The statute cited by the Petitioner as imposing a mandatory or discretionary duty on the Respondents to supervise him is W.

Commonwealth v. Scott

503 Pa. 624 · Supreme Court of Pennsylvania · Dec 30, 1983

When the Commonwealth refused to grant immunity, the trial court found that although it did not have the power to grant judicial immunity to Hill, a new trial was warranted based on the contents of the unsworn post-trial … When dissecting a double hearsay statement, the reliability and trustworthiness of each declarant must be independently established.

Ross v. Beckham County Board of County Commissioners

61 F. App'x 620 · Court of Appeals for the Tenth Circuit · Mar 31, 2003

able to prove, but whether certain given facts showed a violation of “clearly established” law. … “The doctrine of qualified immunity shields individual government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Kwai Fun Wong v. United States

373 F.3d 952 · Court of Appeals for the Ninth Circuit · Jun 25, 2004

The qualified immunity defense “ ‘shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Whether the Law Was Clearly Established Even where a constitutional violation has occurred, whether an official asserting qualified immunity may be held liable “generally turns on the ‘objective legal reasonableness’ of the

Dearmon v. Burgess

388 F.3d 609 · Court of Appeals for the Eighth Circuit · Nov 8, 2004

R.Crim.P. 41 and state law did not constitute a § 1983 violation because the officers had not violated clearly established constitutional law. … If so, we next "ask whether the right was clearly established." Id.

Cunningham v. Gates

989 F. Supp. 1256 · District Court, C.D. California · Dec 15, 1997

IMMUNITY STANDARD “Government officials who perform discretionary functions are protected from liability for civil damages as long as ‘their conduct does not violate clearly established statutory or constitutional rights … The threshold determination of whether the law is clearly established is a question of law for the court. [Citations.]

Gilmore-Bey v. Coughlin

929 F. Supp. 146 · District Court, S.D. New York · Jun 5, 1996

The defendants clearly are entitled to qualified immunity for acts taken prior to the effective date of the statute, November 16, 1993. As found in Woods v. … Therefore, the law cannot be said to have been clearly established at the time of the alleged misconduct underlying this action, and the defendants are protected under the doctrine of qualified immunity.

Jackson v. Curry Cnty.

343 F. Supp. 3d 1103 · District Court, D. New Mexico · Nov 1, 2018

violate clearly established statutory or constitutional rights of which a reasonable person would have known." … Qualified Immunity As noted above, Curry County Defendants move for summary judgment based on qualified immunity.

Hewitt v. Grabicki

596 F. Supp. 297 · District Court, E.D. Washington · Oct 23, 1984

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonable competent public official should know the law governing his conduct. … By defining the limits of qualified immunity essentially in objective terms, we provide no license to lawless conduct.

Wilson v. Poulos

697 F. Supp. 2d 1192 · District Court, S.D. California · Mar 2, 2010

Defendant Poulos’s entitlement to qualified immunity is clear under the second prong of the Katz test. 1 The “clearly established” inquiry requires the Court to look to the time of the events in question. … Since this right was not clearly established at the time of Plaintiffs incarceration, Defendant Poulos is entitled to qualified immunity.

Darryl Lunon v. Kathy Botsford

946 F.3d 425 · Court of Appeals for the Eighth Circuit · Dec 27, 2019

Discussion Qualified immunity shields public officials from liability for civil damages if their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would … I agree with the court insofar as it holds that the appellants are entitled to qualified immunity because they did not violate any clearly established right of appellee Lunon.

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.”

Matthew Schantz v. Benny Deloach

Court of Appeals for the Eleventh Circuit · Oct 26, 2021

Qualified Immunity Qualified immunity “completely protects government offi- cials performing discretionary functions from suit in their individ- ual capacities unless their conduct violates clearly established USCA11 … As discussed below, we agree with the district court’s deci- sion to dispose of Plaintiff’s § 1983 claim on the clearly established prong of the qualified immunity analysis.

Isaacs v. Trustees of Dartmouth College, et al.

2018 DNH 096 · District Court, D. New Hampshire · May 15, 2018

“Qualified immunity is a doctrine that shelters government officials from civil damages liability ‘insofar as their conduct 21 does not violate clearly established statutory or constitutional … Cahill is entitled to qualified immunity. In Foster v.

George Hedges v. George Randy Poletis

177 F.3d 1071 · Court of Appeals for the Eighth Circuit · Jun 3, 1999

Officials are entitled to qualified immunity only to the extent that “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Due Process Claim Hedges had clearly established due process rights.