Case law

Hilliard v. City And County Of Denver

930 F.2d 1516 · Court of Appeals for the Tenth Circuit · Apr 24, 1991

Sec. 25-1-310 (1989), had given rise to this constitutional violation. 4 The defendants moved to dismiss, arguing that the law controlling their actions was not clearly established, and that they therefore had qualified immunity … Such broad, nonspecific allegations are insufficient to defeat the defendants' claim to qualified immunity.

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

S.R. Nehad v. Neal Browder

929 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jul 11, 2019

Qualified Immunity A government official’s entitlement to qualified immunity depends on “(1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time … Browder is therefore not entitled to qualified immunity under the clearly established prong. D.

Traversa v. Ford

718 F. Supp. 2d 639 · District Court, D. Maryland · Jun 17, 2010

Qualified Immunity Assuming arguendo that Traversa stated viable claims under § 1983 and § 1985, the Defendants would nevertheless be entitled to qualified immunity for any claims arising from the decision to delay investigation … Accordingly, the Defendants are entitled to qualified immunity on any claims arising from the decision to delay investigation of Traversa’s Complaint. 4.

Frazier v. Williams

District Court, District of Columbia · Jun 2, 2009

Ct. 808, 815 (2009), the Supreme Court gave the following succinct overview of the qualified immunity doctrine: The doctrine of qualified immunity protects government officials “from liability … established” at the time of the violation. 3 It is hard to understand why the Defendants waited until two years after this lawsuit was filed to raise the issue of qualified immunity.

Douglas Rush v. Barbara Perryman

Court of Appeals for the Eighth Circuit · Sep 3, 2009

The court denied the Board qualified immunity with respect to Rush's First and Fourteenth Amendment claims, finding that Rush's rights under those provisions were clearly established. … The court concluded that the Board was not entitled to qualified immunity because Rush's right to a name-clearing hearing was clearly established.

Leiser v. Moore

903 F.3d 1137 · Court of Appeals for the Tenth Circuit · Sep 6, 2018

The defense of qualified immunity “shields public officials from damages actions unless their conduct was unreasonable in light of clearly established law.” … We can resolve this appeal by considering only the clearly-established prong of the qualified- immunity defense. See Bowling v.

Bryant v. Rudman

933 F. Supp. 270 · District Court, S.D. New York · Jun 24, 1996

Qualified immunity bars civil damages suits against government officials acting in the performance of their official discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … Nevertheless, “even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable

Tidwell v. City & County of Denver

62 P.3d 1020 · Colorado Court of Appeals · Jun 2, 2002

vehicle operator or the governmental entity qualifies for immunity. … Therefore, he was not required to use his lights and sirens to qualify for immunity under the GIA.

Tamez v. City of San Marcos

118 F.3d 1085 · Court of Appeals for the Fifth Circuit · Aug 25, 1997

"clearly established statutory or constitutional rights of which a reasonable person would have known." … Because qualified immunity is an affirmative defense, the defendant must both plead and establish his entitlement to immunity. Gomez v.

Owensby v. City of Cincinnati

414 F.3d 596 · Court of Appeals for the Sixth Circuit · Jul 7, 2005

Qualified Immunity 11 Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Was Owensby's Fourteenth Amendment Right to Adequate Medical Care Clearly Established?

Molina-Gomes v. Welinski

676 F.3d 1149 · Court of Appeals for the Eighth Circuit · Apr 30, 2012

Qualified immunity protects government officials from liability under § 1983 unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Hope v. … The test for whether an officer is entitled to qualified immunity depends on: (1) whether the facts alleged by the plaintiff make out a violation of a constitutional right, and (2) whether that right was clearly established

Torres v. Grunkmeyer

601 F. Supp. 1043 · District Court, D. Wyoming · Feb 1, 1985

The Court would further note that if such actions were entitled to legislative immunity, legislators and their staffs would be free to violate clearly established rights and privileges with impunity, something the Speech … Plaintiff seeks a directed verdict on the qualified immunity question.

Pierce v. Gilchrist

359 F.3d 1279 · Court of Appeals for the Tenth Circuit · Mar 2, 2004

Clearly Established Law When evaluating a qualified immunity defense, after identifying the constitutional right allegedly violated, courts must determine whether the conduct was objectively reasonable in light of … In response to defendant’s claim of qualified immunity, the court analyzed whether the law prohibiting such conduct was clearly established as of January 8, 1986, the day of the alleged arrest. Id. at 581.

Neu v. Corcoran

869 F.2d 662 · Court of Appeals for the Second Circuit · Mar 3, 1989

We therefore have jurisdiction to review the immunity ruling. 8 2. Qualified Immunity. … Qualified immunity shields 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 known."

Annie Roberto v. Ricardo J. Bordallo and David L.G. Shimizu

839 F.2d 573 · Court of Appeals for the Ninth Circuit · Feb 11, 1988

The district court agreed that her forced resignation violated her clearly established statutory rights and that qualified immunity did not protect the appellants. … There is no question that if the plaintiff clearly was a classified employee, the appellants’ actions violated her well-established rights and a qualified immunity claim is of no avail.

Ronnie Lee McKnight v. John Rees, Daryll Richardson and John Walker

88 F.3d 417 · Court of Appeals for the Sixth Circuit · Jul 10, 1996

After reviewing the two lines of cases discussed supra, the Williams court held that “[t]he instant case clearly falls within the class of cases in which qualified immunity may be raised by a private defendant.” … The court believed that the fact that the defendant was “performing duties that would otherwise have to be performed by a public official who would clearly have qualified immunity” weighed in favor of granting qualified immunity

Harris v. Wal-Mart Stores, Inc.

48 F. Supp. 3d 1025 · District Court, W.D. Tennessee · Sep 15, 2014

Qualified Immunity: Baker and Simmons “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 … Defendants assert that Baker and Simmons are entitled to qualified immunity because they did not violate a clearly established constitutional right.

Stapleton v. Lozano

Court of Appeals for the Fifth Circuit · Jan 14, 2025

a violation of clearly-established law.” … A state official is entitled to qualified immunity unless (1) the plaintiff alleged a violation of a constitutional right; and (2) that right was “clearly established” at the time of the alleged violation. Cope v.

Schroeder v. Kaplan

60 F.3d 834 · Court of Appeals for the Ninth Circuit · Jul 7, 1995

Sec. 1291 , and we affirm. 3 Government officials are entitled to qualified immunity where the right which the officials have allegedly violated was not clearly established at the time the conduct occurred such that a reasonable … the district court properly granted defendants qualified immunity on this claim.