Case law

Williams ex rel. Williams v. Papi

30 F. Supp. 3d 306 · District Court, M.D. Pennsylvania · Jul 3, 2014

Qualified Immunity Defendant next argues that “an additional and fully sufficient basis exists to dismiss Plaintiffs Fourth Amendment claim, namely qualified immunity.” (Doc. 10 at 12.) … It has likewise held that when a “complaint failed to disclose whether the defendants’ actions did not violate a clearly established constitutional right, dismissal on qualified immunity grounds was premature.”

Cole v. Sharp

898 F. Supp. 799 · District Court, D. Kansas · Aug 11, 1995

The defendants have also raised qualified immunity as a defense. … 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 established statutory

Kevin Holcomb v. Mark Lykens, Sean Smith, Joanne Pereria and John Gorczyk

337 F.3d 217 · Court of Appeals for the Second Circuit · Jul 23, 2003

“In general, public officials are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not … In order to defeat the defendants’ qualified immunity defense, then, Holcomb must allege a deprivation of an actual constitutional right clearly established at the time of the events in issue.

Powers v. Northside Independent School District

143 F. Supp. 3d 545 · District Court, W.D. Texas · Oct 29, 2015

that Woods’s conduct was objectively unreasonable in light of clearly established law. … Qualified Immunity Defendants argue Plaintiffs’ § 1983 claim against Woods must nevertheless be dismissed because Woods is entitled to qualified immunity for his conduct. The Court agrees.

Gulledge v. Smart

691 F. Supp. 947 · District Court, D. South Carolina · Jul 29, 1988

In considering a defendant’s claim of qualified immunity, the court must focus on the particular facts involved in the alleged deprivation and whether the law at the time of the alleged deprivation was “clearly established … to qualified immunity as to that claim.

Roe v. City of Milwaukee

26 F. Supp. 2d 1119 · District Court, E.D. Wisconsin · Nov 2, 1998

Unless the constitutionality of the defendants’ conduct was clearly established in 1997—when they allegedly committed these acts—the defendants are entitled to qualified immunity. … to review the district court’s denial of qualified immunity.

Ortiz v. Alvarez

341 F. Supp. 3d 1087 · District Court, E.D. California · Sep 21, 2018

Government officials enjoy qualified immunity from civil damages unless their conduct violates clearly established statutory or constitutional rights. Jeffers v. … In evaluating a qualified immunity defense, the court first considers: (1) whether the defendant's conduct violated a statutory or constitutional right; and (2) whether the right at issue was "clearly established."

Murray-Ruhl v. Shiawassee

246 F. App'x 338 · Court of Appeals for the Sixth Circuit · Aug 29, 2007

Katz’s two-pronged qualified immunity analysis asks whether the constitutional right at issue was clearly established. … Garner provides a “clearly established” right that fulfills the second prong of the qualified immunity analysis. Did Jenkins’s Conduct Violate a Constitutional Right?

H. John Putnam v. Diane Keller

332 F.3d 541 · Court of Appeals for the Eighth Circuit · Jun 18, 2003

summary judgment motion premised on qualified immunity. … is clearly established.

Thompson v. City of Clio

765 F. Supp. 1066 · District Court, M.D. Alabama · May 2, 1991

Qualified Immunity a. … were clearly established in April and May of 1990.

Jones v. Lopez

262 F. Supp. 2d 701 · District Court, W.D. Texas · Aug 31, 2001

Qualified Immunity Defendants raise for the first time in their Supplemental Motion to Dismiss and/or Motion for Summary Judgment the defense of official or qualified immunity. … Here, defendants have raised qualified immunity as a defense but have not pleaded good faith or established they were acting within the scope of their discretionary authority.

Carvajal v. Dominguez

542 F.3d 561 · Court of Appeals for the Seventh Circuit · Sep 5, 2008

An appeal of an order denying qualified immunity is a well-established application of this doctrine: “A district court’s denial of a claim of qualified immunity, to- the extent that it turns on an issue of law is an appealable … If not, the inquiry ends, and the officer has qualified immunity. If yes, then the second step is whether the violated right was clearly established.

Williams v. Alhambra School District No. 68

234 F. Supp. 3d 971 · District Court, D. Arizona · Feb 13, 2017

The Board member Defendants are therefore entitled only to qualified immunity. … As discussed above, Williams has “adequately allegefd] the commission of acts that violated clearly established law,” as she must to defeat qualified immunity at this stage of litigation. See Mitchell v.

Potter v. City of Hanceville (In Re Potter)

354 B.R. 301 · United States Bankruptcy Court, N.D. Alabama · Nov 6, 2006

A plaintiff can overcome qualified immunity by a showing that (1) the defendant violated a statutory or constitutional right, and (2) this right was clearly established at the time of the alleged violation. … While there may have been a violation of a constitutional or statutory right of the plaintiff, the defendants would still be entitled to summary judgment as to qualified immunity if this right were not clearly established

Estrella v. Menifee

275 F. Supp. 2d 452 · District Court, S.D. New York · Jul 17, 2003

Qualified Immunity Assuming, arguendo, that plaintiff has adequately alleged a violation of his constitutional rights, defendants would still be dismissed from this lawsuit under the doctrine of qualified immunity. … Here, plaintiff fails the second and third prongs of the qualified immunity analysis.

Turner v. Martire

99 Cal. Rptr. 2d 587 · California Court of Appeal · Aug 14, 2000

are immune unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … Scope of authority In addition to establishing that they qualify as tribal officials for immunity purposes, defendants must satisfy the second requirement for tribal official immunity, i.e., that the official must have acted

Johnson v. Bay Area Rapid Transit

790 F. Supp. 2d 1034 · District Court, N.D. California · May 10, 2011

The court, however, granted qualified immunity to MacPherson, stating that as of 2005, it was not clearly established that such use was unconstitutional. Id. at 833 . … Nor is Gee entitled to qualified immunity. The law as to extended detentions absent the indicia of probable cause was clearly established at the time of the incident.

Fisher v. Ahmed

153 N.E.3d 612 · Ohio Court of Appeals · Mar 31, 2020

Even assuming that the facts and allegations of the complaint conclusively established that Ahmed is generally personally immune from liability, the complaint does not conclusively establish the inapplicability of an exception … Once established, a qualified privilege can be defeated by a clear and convincing showing that the communication was made with actual malice.

Hubbard v. Taylor

452 F. Supp. 2d 533 · District Court, D. Delaware · Sep 20, 2006

“Qualified immunity shields state officials from suit where their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Id. (quoting Harlow v. … If the court concludes that the defendant’s conduct violated a clearly established constitutional or statutory right, then it must deny the defendant the protection afforded by qualified immunity. Id.

Stanfield v. City of Lima

244 F. Supp. 3d 638 · District Court, N.D. Ohio · Feb 24, 2017

Nevertheless, the doctrine of qualified immunity shields government officials from suit if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The second inquiry, whether qualified immunity shields an officer from suit, depends on whether, at the time of the incident, “the right was clearly established ... in light of the specific context of the case, not as a broad