Case law

Black v. City of Mobile

963 F. Supp. 2d 1288 · District Court, S.D. Alabama · Aug 5, 2013

Chief Williams is also entitled to qualified immunity under the same burden-shifting standard as used in evaluating Martin’s claim for qualified immunity. … Chief Williams is entitled to qualified immunity at this stage in the proceedings unless Black demonstrates a violation of a clearly established constitutional right.

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.”

Linda Mays v. H.G. Rhodes

255 F.3d 644 · Court of Appeals for the Eighth Circuit · Jun 29, 2001

Qualified immunity generally shields public officials performing discretionary functions from civil liability if "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Second, the right allegedly violated must be clearly established. Id.

Gibson v. Rich

44 F.3d 274 · Court of Appeals for the Fifth Circuit · Jan 30, 1995

Qualified immunity shields government officials performing discretionary functions from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer

Green River District Health Deparment v. Wigginton

764 S.W.2d 475 · Kentucky Supreme Court · Jan 19, 1989

Our Court held that the purchase of indemnifying insurance by the governmental entity, per se, did not establish a right to sue the governmental entity which was otherwise immune. … We held that “the statute clearly contemplates a limited waiver of governmental immunity to the extent of the insurance coverage.” Id. at 40 .

Roman v. Appleby

558 F. Supp. 449 · District Court, E.D. Pennsylvania · Feb 22, 1983

Immunity Defendants’ defense of qualified or “good faith” immunity is much more persuasive. The immunity concept is based upon the need to ensure principled and conscientious governmental decision-making. Crowder v. … established law, thereby entitling her to the defense of qualified immunity, I also find that defense of immunity is supported by the provisions of the Child Protective Services Law (CPSL) of 1975, 11 P.S. § 2201, et seq

Riley v. City of Montgomery, AL

104 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Jan 30, 1997

Accordingly, Wooten is entitled to no immunity for such claims. … The Grant of Summary Judgment to City Defendants Though the district court's opinion largely speaks in terms of qualified immunity, the district court did conclude, in its summary judgment order, that no constitutional

Timothy Daryl Atkins v. John Gibson Lanning, Kenneth D. Fouts and Randall Craig Ruark

556 F.2d 485 · Court of Appeals for the Tenth Circuit · Jun 8, 1977

Hence the arresting officer is entitled to the qualified immunity defense of a good faith belief that his behavior was proper. See Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); Pierson v. … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

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 .

Johnson v. City of Detroit

944 F. Supp. 586 · District Court, E.D. Michigan · Oct 30, 1996

Government officials performing discretionary functions are afforded qualified immunity shielding them from civil liability under section 1983 if “their conduct does not violate clearly established statutory or constitutional … Accordingly, the officer defendants cannot claim qualified immunity for their conduct on April 11, 1994 on the grounds that the right asserted in Johnson’s complaint is not clearly established.

State v. Mason

724 P.2d 1289 · Supreme Court of Colorado · Sep 2, 1986

Although the Arizona Supreme Court granted parole board members only qualified immunity in Grimm v. … Qualified immunity, as contrasted with absolute immunity, would leave the parole board liable for conduct involving discretionary functions violating “clearly established statutory or *1293 constitutional rights of which

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.”

Snider v. Pekny

899 F. Supp. 2d 798 · District Court, N.D. Indiana · Sep 27, 2012

Governmental officials are entitled to immunity from civil liability under § 1983 for their actions, with the important qualifier that the officials’ conduct must not violate any clearly established statutory or constitutional … Snider’s argument against qualified immunity is that his “Fourth Amendment right to be free from unreasonable searches, seizures, and arrest was clearly established at the time.” DE 98 at 12.

Torres v. Damicis

853 A.2d 1233 · Supreme Court of Rhode Island · Jun 24, 2004

We concluded that “[a]ny damages caused by the alleged negligence of a municipal budding inspector during the performance of his or her employment, therefore, qualifies for the tort immunity provided by the general public … Unless Torres can prove that his circumstances qualify under one of the exceptions to the public duty doctrine, we see no reason to depart from this general grant of immunity.

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

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.

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.

Exford v. City of Montgomery

887 F. Supp. 2d 1210 · District Court, M.D. Alabama · Aug 24, 2012

United States, 457 F.3d 1088, 1096 (9th Cir.2006) (“In the absence of binding precedent, we look to whatever decisional law is available to ascertain whether the law is clearly established for *1222 qualified immunity purposes … the relevant law clearly enough to defeat qualified immunity.

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.