Case law

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.

Ramirez v. State of New York

143 A.D.3d 880 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 2016

Following a nonjury trial, the Court of Claims dismissed the claims based upon, among other things, the doctrine of qualified immunity. We affirm. … To establish its entitlement to qualified immunity, the governmental body must demonstrate “that the relevant discretionary determination by the governmental body was the result of a deliberative decision-making process”

D.Z. Ex Rel. Thompson v. Buell

796 F.3d 749 · Court of Appeals for the Seventh Circuit · Aug 6, 2015

Qualified Immunity “Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known.” … Neither party disputes that D.Z.’s constitutional right to be free from unreasonable seizure was clearly established at the time of the incident.

Torossian v. Hayo

45 F. Supp. 2d 63 · District Court, District of Columbia · Apr 7, 1999

Bivens Actions and Qualified Immunity for Public Officials In Bivens v. … The Court finds that defendants’ qualified immunity shields them from any civil liability to plaintiffs because the actions of the defendants, as alleged, did not constitute violations of “clearly established” rights under

Wernecke v. Garcia

452 F. App'x 479 · Court of Appeals for the Fifth Circuit · Nov 7, 2011

Qualified immunity shields from civil liability government officials performing discretionary functions “insofar as them conduct does not violate clearly established statutory or constitutional rights of which a reasonable … that right was clearly established.

Salman v. Nevada Commission on Judicial Discipline

104 F. Supp. 2d 1262 · District Court, D. Nevada · Jul 5, 2000

Government officials who perform discretionary functions are entitled to qualified immunity only “only insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A Plaintiff bears the burden of proof regarding whether a right is clearly established. Id.

Howell v. Smith

853 F.3d 892 · Court of Appeals for the Seventh Circuit · Apr 10, 2017

Qualified immunity shields federal and state officials from money damages unless a plaintiff demonstrates that the official violated a statutory or constitutional right and that the right was “clearly established” at the … established law.”

Graniczny v. City of El Paso, Tex.

809 F. Supp. 2d 597 · District Court, W.D. Texas · Mar 7, 2011

Qualified Immunity The doctrine of qualified immunity provides immunity from suit under § 1983 to government officials provided that “their conduct does not violate clearly established statutory or constitutional law of which … Thus, this analysis encompasses the two prongs of the qualified immunity analysis previously mentioned: whether there was a violation of a constitutional right and whether that right was clearly established at the time of

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.

Brigitte Wright v. Tony E. Sims

417 F.3d 879 · Court of Appeals for the Eighth Circuit · Aug 8, 2005

Qualified Immunity “Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional or statutory rights of which … If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine “whether the right was clearly established.” Id.

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.”).

Northrup v. City of Toledo Police Division

58 F. Supp. 3d 842 · District Court, N.D. Ohio · Sep 30, 2014

Once the defendant raises the qualified immunity defense, the plaintiff bears the burden of proving (1) he was deprived of a constitutionally-protected right (2) that was “so clearly established that a reasonable officer … A government official is entitled to qualified immunity from a plaintiffs claims of constitutional violation “unless the official’s conduct violated a clearly established constitutional right.” Pearson v.

Sova v. City of Mt. Pleasant

142 F.3d 898 · Court of Appeals for the Sixth Circuit · Apr 24, 1998

LaLone and Officer Shell are entitled to qualified immunity. Police officers are afforded qualified immunity for their discretionary functions, Pierson v. … "Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery."

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

Hazel L. Wilson v. Steve Northcutt, Individually and in His Official Capacity as Mayor of the City of Malvern, Arkansas, City of Malvern, Arkansas

441 F.3d 586 · Court of Appeals for the Eighth Circuit · Mar 21, 2006

Qualified immunity protects government officials from the costs of trial and the burdens of broad discovery unless their discretionary acts violated clearly established statutory or constitutional rights. Harlow v. … Northcutt is entitled to qualified immunity. C. Towing the Café Fish.

Cavanaugh v. Doherty

243 A.D.2d 92 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1998

“A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … As such, accepting plaintiffs allegations as true for purposes of the motions to dismiss (see, McEvoy v Spencer, supra, at 95), we conclude that defendants have not established entitlement to qualified immunity.

Foremost Insurance Co. v. Public Service Commission

985 S.W.2d 793 · Missouri Court of Appeals · Aug 25, 1998

Public officials are provided qualified immunity for their official acts “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Respondent argues that even if the facts alleged are true, Respondent did not violate any clearly established right of Appellant.

Taylor v. City of Shreveport

653 So. 2d 232 · Louisiana Court of Appeal · Apr 7, 1995

Further, the court found that the officers enjoyed qualified immunity because *236 their conduct did not violate a "clearly established statutory or constitutional principle which a reasonable person would have known." … . § 1983 insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v.

Christopher Cremeans v. William Wrenn, Christopher Kench, Michael Zenk, Jon Fouts, and Nichole Kipphut

2019 DNH 060 · District Court, D. New Hampshire · Mar 28, 2019

capacities are barred by the doctrine of qualified immunity because such a right was not clearly established in 2017. … Qualified immunity shields individual officers from claims for damages “‘unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time