Case law

Lawson v. Abrams

863 F.2d 260 · Court of Appeals for the Second Circuit · Dec 20, 1988

related to that decision, noted that prosecutors may assert only qualified immunity, not absolute immunity, for their administrative or investigative tasks not intimately associated with the judicial process. … performed rather than on the office itself, for, as the district court observed, it is established that prosecutors have absolute immunity for some of their acts but only qualified immunity for others.

Heller v. Woodward

735 F. Supp. 996 · District Court, D. New Mexico · Apr 10, 1990

Plaintiff’s right to be in the room and to perform the duties of a reporter is clearly established under Perry Education Ass’n v. … In light of the above facts clearly in dispute which are material to defendant’s claim of immunity, I find that an appeal of the denial of the defendant’s summary judgment motion on the issue of qualified immunity is baseless

Poston v. Unified School District No. 387

37 Kan. App. 2d 694 · Court of Appeals of Kansas · Apr 27, 2007

The District claimed that Poston’s injury occurred in an area that was close enough to the indoor gymnasium to qualify as an “open area” for purposes of recreational use immunity. … The court noted that there was an intent by the legislature to “establish a broad application of recreational use immunity.” 273 Kan. at 592 . In Robison v. State, 30 Kan.

Perry, Peary v. the City of Houston and George Greanias

Texas Court of Appeals, 1st District (Houston) · Dec 27, 2002

Government officials performing discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have … in light of the clearly established rights.

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

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.

Galen v. County of Los Angeles

322 F. Supp. 2d 1045 · District Court, C.D. California · Jan 9, 2004

established at the time the search took place, the officers were entitled to the defense of qualified immunity. … “[A] plaintiff can only survive summary judgment on a defense claim of qualified immunity if the plaintiff can both establish a substantial showing of deliberate falsehood or reckless disregard and establish that, without

Dobson v. McClennen

238 Ariz. 389 · Arizona Supreme Court · Nov 20, 2015

A. ¶ 8 The AMMA broadly immunizes registered qualifying patients for their medical use of marijuana, providing: A registered qualifying patient ... is not subject to arrest, prosecution or penalty in any manner, or denial … When read together, the statutory provisions suggest that the AMMA gives qualifying patients a limited defense rather than a general immunity in (A)(3) prosecutions. ¶ 18 We reject, however, Petitioners’ argument that qualifying

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.

Kliesrath v. Estate of Davis

298 Ga. 872 · Supreme Court of Georgia · Apr 26, 2016

Appellants are four police officers who moved for summary judgment on the basis of official and qualified immunity. … This Court, however, recently reiterated the rule that we established in Turner v.

Stevens-Rucker v. City of Columbus

242 F. Supp. 3d 608 · District Court, S.D. Ohio · Mar 16, 2017

Qualified Immunity It is well-established that “[p]o-lice officers are immune from civil liability unless, in the course of performing their discretionary functions, they violate the plaintiffs clearly established constitutional … Accordingly, Frenz is entitled to qualified immunity for his use of force against White because Plaintiff has failed to establish either prong of the two-part test.

Marx v. Gumbinner

716 F. Supp. 1434 · District Court, S.D. Florida · May 19, 1989

Qualified Immunity Even if probable cause did not exist, Defendants are still entitled to qualified immunity because those Defendants reasonably believed such probable cause existed. … Accordingly, Defendants are entitled to qualified immunity for Plaintiff’s arrest. C.

Alex Wayne Morton v. Jeremy Kirkwood

Court of Appeals for the Eleventh Circuit · Feb 8, 2013

Qualified immunity does not apply where the facts show that the official violated the plaintiff’s constitutional rights and where the law clearly established those rights at the time of the alleged misconduct. … Kirkwood would nonetheless be entitled to qualified immunity unless Morton can show that the law clearly established his rights at the time of the putative misconduct. See Pearson, 555 U.S. at 232.

Chagnon v. Bell

468 F. Supp. 927 · District Court, District of Columbia · Jan 29, 1979

These holdings clarify the scope of acts for which officials are entitled to qualified immunity. … In view of the state of the law at the time defendants acted, it is clear that the constitutional rights alleged to have been violated by defendants were anything but “clearly established.”

Hale v. Emporia State University

265 F. Supp. 3d 1236 · District Court, D. Kansas · Jul 14, 2017

Qualified immunity shields a government official from a money damages award in his or her personal capacity “unless ‘the official violated a statutory or constitutional right,’ and ‘the right was “clearly established” at … . *1247 Here, the court concludes that plaintiffs Complaint alleges facts sufficient to establish that the individual defendants violated a clearly established .constitutional right.

Muzychka v. Tyler

563 F. Supp. 1061 · District Court, E.D. Pennsylvania · Apr 18, 1983

Judith Tyler, a Special Agent of the Federal Bureau of Investigation (“FBI”) has moved for summary judgment claiming she is immune from liability on the grounds of qualified immunity. … Clearly, an FBI agent’s decision whether to stop and search a suspect is a discretionary function entitling the agent to the defense of qualified immunity. See, e.g., Druckenmiller v.

Boyd v. Arnone

48 F. Supp. 3d 210 · District Court, D. Connecticut · Sep 30, 2014

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 would have … right was clearly established at the time of the challenged conduct.

Lazoda v. Maggy

900 F. Supp. 596 · District Court, N.D. New York · Oct 2, 1995

Qualified Immunity Principles Defendants have steadfastly asserted from the outset of the instant case that they enjoy qualified immunity from suit. … were then clearly established.” van Emrik v.

Greene v. Camreta

588 F.3d 1011 · Court of Appeals for the Ninth Circuit · Dec 10, 2009

If a government official “could ... have reasonably but mistakenly believed that his or her conduct did not violate a clearly established constitutional right,” he is entitled to qualified immunity. Jackson v. … Because Camreta’s alleged misrepresentation in support of his request for a protective custody order — again, assuming it occurred — violated the Greenes’ clearly established rights, he is not entitled to qualified immunity

McDonald v. Krajewski

649 F. Supp. 370 · District Court, N.D. Indiana · Nov 13, 1986

Qualified Immunity Defendant Krajewski also requests dismissal of plaintiffs complaint on the basis of qualified immunity. … Qualified immunity protects the official from liability for damages only when the official’s conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”