Case law

Than Orn v. City of Tacoma

949 F.3d 1167 · Court of Appeals for the Ninth Circuit · Feb 3, 2020

Turning to the second step of the qualified immunity analysis, the panel held that plaintiff’s right to be free from the use of excessive force was clearly established at the time of the shooting. … B We turn next to the second step of the qualified immunity analysis, which asks whether Orn’s right to be free from the use of excessive force was clearly established at the time of the shooting.

Lucas v. Swain County Board of Education

154 N.C. App. 357 · Court of Appeals of North Carolina · Dec 3, 2002

Both affidavits established the Trust is not authorized and licensed to execute insurance contracts in this State and that it is not considered a qualified insurer as determined by the Department of Insurance. … Moreover, defendant established through three affidavits from Hale, Earley and Dunlap that the Trust is neither a licensed and authorized insurer, nor a qualified insurer as determined by the Department.

Prue v. City of Syracuse

26 F.3d 14 · Court of Appeals for the Second Circuit · Jun 6, 1994

The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … To establish qualified immunity, defendants must show either that their conduct “did not violate ‘clearly established rights’ of which a reasonable person would have known, or that it was ‘objectively reasonable’ to believe

MLADEK v. Day

320 F. Supp. 2d 1373 · District Court, M.D. Georgia · Jun 7, 2004

Defendant Day is immune from suit in his individual capacity, unless he violated “ ‘clearly established law,’ which consists of statutory or constitutional rights that a reasonable person should have known.” Hutton v. … Mladek did not violate any clearly established constitutional right.

Vacca v. Barletta

753 F. Supp. 400 · District Court, D. Massachusetts · Dec 12, 1990

Qualified Immunity Government officials who are not granted absolute immunity are entitled to qualified immunity from suit. … law, but whether that law was clearly established at the time an action occurred....

Bradway v. Town of Southampton

826 F. Supp. 2d 458 · District Court, E.D. New York · Dec 1, 2011

Qualified Immunity The individual defendants argue, in the alternative, that they are entitled to summary judgment on qualified immunity grounds with respect to the medical indifference claim under the Fourteenth Amendment … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them

Linda A. Nelson, Paul R. Nelson, Evelyn Philbert, Laura Moore, and Charles Moore v. Denise Balazic, Dick Moore, and Bill Duncan

802 F.2d 1077 · Court of Appeals for the Eighth Circuit · Oct 10, 1986

Having held that Balazic is only entitled to qualified immunity we must now determine whether her conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Even assuming arguendo that a constitutional right was violated, and we specifically do not address this issue, Balazic should be immune because such right was not clearly established at that time. See Martinez.

Whittington v. Town of Surfside

490 F. Supp. 2d 1239 · District Court, S.D. Florida · Jun 6, 2007

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which … As stated above, “[qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights of which

Tucker v. Evans

276 F.3d 999 · Court of Appeals for the Eighth Circuit · Jan 14, 2002

Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998). 5 The prison employees are entitled to qualified immunity unless they violated Tucker's "clearly established" constitutional rights. Harlow v. … There was no violation of clearly established law in the training of Daniels, and thus the claim is without merit. III.

Maldonado v. Rodriguez

322 F. Supp. 3d 753 · District Court, S.D. Texas · May 15, 2017

immunity. … Qualified Immunity from Individual Capacity Claims a.

Jones v. Chandrasuwan

76 F. Supp. 3d 603 · District Court, M.D. North Carolina · Dec 30, 2014

When subject to suit under § 1983, state and local officials may assert qualified immunity to shield them from liability for civil damages, “insofar as their conduct does not violate clearly established statutory or constitutional … Finding that this right is not clearly established, this court determines that Defendants are entitled to qualified immunity, even if there was some sort of constitutional violation.

Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander

44 F.3d 1297 · Court of Appeals for the Fifth Circuit · Feb 17, 1995

City of Houston, 14 F.3d 1056, 1060 (5th Cir.1994) (finding summary judgment proper on qualified immunity grounds when no constitutional infringement established); Quives v. … immunity from this lawsuit if the constitutional allegations were not clearly established law at the *1306 time of the sexual abuse.

Knapper v. Connick

681 So. 2d 944 · Supreme Court of Louisiana · Oct 15, 1996

Distinguishing between absolute immunity, which will defeat a suit at the outset, and qualified immunity, which depends on circumstances and motivations which often must be established by evidence at trial, the Court concluded … But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest.

Griner v. Minster Board of Education

128 Ohio App. 3d 425 · Ohio Court of Appeals · Jul 5, 1998

may be asserted to establish nonliability: "(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division * * *, the employee is immune from liability … Rather, appellees proceeded in their motion for summary judgment on the assumption that whether or not negligence was established, they were immune from liability.

Jose Chavez v. James Ziglar

683 F.3d 1102 · Court of Appeals for the Ninth Circuit · Jun 20, 2012

intertwined with” and “directly implicated by” the issue of qualified immunity. … Accordingly, we have jurisdiction to review both whether the supervisory defendants have qualified immunity — which turns on legal issues such as whether they allegedly violated “clearly established” rights, Behrens v.

Hansen v. California Department of Corrections

920 F. Supp. 1480 · District Court, N.D. California · Mar 25, 1996

If, rationally, what the state of the law was is a close question, the law cannot be deemed “clearly established” for purposes of qualified immunity. … California Statutory Immunity California has no qualified immunity law similar to federal qualified immunity.

Porterfield v. Lott

156 F.3d 563 · Court of Appeals for the Fourth Circuit · Sep 22, 1998

not violate clearly established rights of which a reasonable person would have known." … Officials lose the protection of the immunity if they violate a constitutional or statutory right of the plaintiff and the right was clearly established at the time of the alleged violation such that an objectively reasonable

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?

Suarez v. Derosier

241 So. 3d 1086 · Louisiana Court of Appeal · Mar 7, 2018

DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment. However, Defense counsel's failure to provide discovery, claiming immunity applied, prevented Mr.

Pearson v. City of Paris

839 F. Supp. 645 · District Court, W.D. Arkansas · Dec 2, 1993

Qualified Immunity- Defendant Ford’s final argument is that he is entitled to qualified immunity as a “government official performing discretionary functions.” … Once a court determines as a matter of law that a legal standard governing the governmental action at issue was clearly established, there' is no qualified immunity. Id.