Case law

Winder v. Erste

905 F. Supp. 2d 19 · District Court, District of Columbia · Nov 19, 2012

However, even if a plaintiff can establish that there was a violation of a clearly established constitutional or statutory right, a defendant seeking qualified immunity can still demonstrate that there were extraordinary … Erste argues that he is protected by qualified immunity from Winder's procedural due process claim because it is not "clearly established" that Winder had a property interest in his continued employment when Erste terminated

Vista Community Services v. Dean

107 F.3d 840 · Court of Appeals for the Eleventh Circuit · Mar 19, 1997

We review de novo a district court's ruling that a government official's conduct violated clearly established law such that the official is not entitled to qualified immunity. Johnson v. … A government official may immediately appeal the denial of qualified immunity when the issue appealed concerns whether or not certain facts show a violation of "clearly established law." Mitchell v.

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.

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

Petta v. Rivera

133 F.3d 330 · Court of Appeals for the Fifth Circuit · Jan 16, 1998

Creighton, 483 U.S. 635, 639 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (1987). 12 We must take care to identify the relevant "clearly established law" at the proper level of generality so that the defense of qualified immunity … Regarding the applicability of qualified immunity, we merely observed that "[u]se of excessive force in making an arrest violates clearly established rights, and the doctrine of qualified immunity therefore does not shield

Reitz v. County of Bucks

125 F.3d 139 · Court of Appeals for the Third Circuit · Sep 8, 1997

To analyze a defense of qualified immunity, we must ascertain whether the law was clearly established at the time of the alleged violation, and,we must also decide whether under the existing law an officer reasonably could … In this case, the district court determined that the prosecutors did not act in violation of any clearly established statutory or constitutional law and thus dismissed the claim on the grounds of qualified immunity- Although

Anderson v. City of West Bend Police Department

774 F. Supp. 2d 925 · District Court, E.D. Wisconsin · Feb 28, 2011

Public officials performing discretionary functions are generally entitled to qualified immunity and are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Although qualified immunity is an affirmative defense, the burden of defeating an assertion of qualified immunity rests with the plaintiff. Spiegel, 196 F.3d at 723 ; Clash v.

Maldonado v. Rodriguez

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

immunity. … Qualified Immunity from Individual Capacity Claims a.

Les Eckert and Aberdeen Insurance Services, Inc. v. Jose Montemayor, in His Official Capacity as Commissioner of Insurance for the State of Texas and Texas Department of Insurance

Texas Court of Appeals, 3rd District (Austin) · Mar 31, 2005

If we find an alleged violation of a constitutional right, we then consider if the right was “clearly established.” Id . … was “clearly established.”

Price v. University of Alabama

318 F. Supp. 2d 1084 · District Court, N.D. Alabama · Oct 23, 2003

One clear aspect of this issue is that neither the requirement for the due process nor the type of process required was “clearly established” and so qualified immunity would shield Witt from Price’s claims. … Even if the statements were stigmatizing, qualified immunity would protect Witt unless his conduct constituted a violation of a “clearly established right.”

Jackson v. Jackson County

956 F. Supp. 1294 · District Court, S.D. Mississippi · Oct 10, 1995

In assessing a claim of qualified immunity, we engage in a bifurcated analysis. First, we determine whether the plaintiff has allege[d] the violation of a clearly established constitutional right. … Accordingly, [u]n-less the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Jones v. Banks

892 F. Supp. 988 · District Court, N.D. Illinois · May 24, 1995

Qualified Immunity Banks’ second argument, that he is entitled to summary judgment on grounds of qualified immunity, is equally unavailing. … Under the doctrine of qualified immunity, “government officials performing discretionary functions ... are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Cassels v. Stalder

342 F. Supp. 2d 555 · District Court, M.D. Louisiana · Oct 20, 2004

First, it functions as a defense to liability when the actions allegedly taken by officials did not violate clearly established law. 32 If the law was not clearly established when officials acted, qualified immunity bars … the plaintiff has alleged a violation of a clearly established constitutional right; and, (2) if so, whether the defendant’s conduct was objectively unreasonable in the light of the clearly established law at the time of

Pearlie Gambrel v. Knox Cnty., Ky.

25 F.4th 391 · Court of Appeals for the Sixth Circuit · Feb 8, 2022

Even so, our caselaw did not clearly establish that the Officers acted unconstitutionally when using this force. Since we may address the two-part qualified-immunity test in either order, see Pearson v. … This conclusion leads to the second qualified-immunity question: Even under Gambrel’s version of events, would Ashurst’s shooting violate clearly established law?

Commonwealth v. Scott

503 Pa. 624 · Supreme Court of Pennsylvania · Dec 30, 1983

When the Commonwealth refused to grant immunity, the trial court found that although it did not have the power to grant judicial immunity to Hill, a new trial was warranted based on the contents of the unsworn post-trial … When dissecting a double hearsay statement, the reliability and trustworthiness of each declarant must be independently established.

Bapat v. Connecticut Department of Health Services

815 F. Supp. 525 · District Court, D. Connecticut · Dec 29, 1992

Even where the contours of the plaintiffs federal rights are clearly established at the time of the defendant’s acts, “the defendant may enjoy qualified immunity if it was objectively reasonable for him to believe that his … immunity is whether the right alleged to have been violated was “clearly established.”

Johnson v. County of Los Angeles

340 F.3d 787 · Court of Appeals for the Ninth Circuit · Aug 15, 2003

City of Bremerton, 268 F.3d 646, 650 (9th Cir.2001). 1 I In Saucier, the Supreme Court established a two-step evaluation of qualified immunity. … His use of force was objectively reasonable and he is entitled to qualified immunity.

Min Li v. Qi Jiang

38 F. Supp. 3d 870 · District Court, N.D. Ohio · Aug 13, 2014

Defendants assert that Li has failed to show that the right in question was “clearly established” as required to defeat a qualified immunity defense. ECF No. 4 at 12. … The qualified immunity defense “shields governmental officials performing discretionary functions [ ] insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Derrick Maye v. Paul Klee

915 F.3d 1076 · Court of Appeals for the Sixth Circuit · Feb 14, 2019

We review orders denying qualified immunity de novo, Stoudemire v. … The second step of the qualified immunity analysis requires us to look to whether the officials’ acts violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Alvarado v. City of New York

482 F. Supp. 2d 341 · District Court, S.D. New York · Apr 26, 2007

QUALIFIED IMMUNITY AND ALVARADO’S UNLAWFUL SEARCH CLAIM Alvarado argues that the Court should not have dismissed his unlawful search claim on qualified immunity grounds as a material factual dispute remained regarding the … Only Supreme Court and Second Circuit precedent existing at the time of the alleged violation is relevant in deciding whether a right is clearly established.”).