Case law

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

Andrew M. Rohman v. New York City Transit Authority (Nycta), Carmen J. Bianco

215 F.3d 208 · Court of Appeals for the Second Circuit · May 26, 2000

Resolution of those issues is not required to determine whether Bianco was entitled to qualified immunity because, if he is, immunity protects him irrespective of whether Rohman can establish the elements of malicious prosecution … clearly established at the time of the conduct; or (3) the defendant’s action was objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.

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

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.

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.

Rodriguez v. The City Of New York

District Court, S.D. New York · Aug 22, 2022

were not clearly established for the purposes of qualified immunity.” … established for the purposes of the qualified immunity analysis.

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.

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.

Wershing v. Hinckley Township

36 F. App'x 179 · Court of Appeals for the Sixth Circuit · May 15, 2002

Defendants moved for summary judgment on the basis of qualified immunity, which the district court denied. Defendants now raise five issues. … Second, whether Wershing has established that the constitutional right allegedly violated was a clearly established right of which a reasonable official in the individual Defendants’ position would have known.

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.

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.

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.

Wetmore v. Gardner

735 F. Supp. 974 · District Court, E.D. Washington · Apr 6, 1990

Qualified Immunity The defendants next contend that they are entitled to a verdict in their favor or a new trial based on the doctrine of qualified immunity. … . *983 Because it was clearly established law that the policy could be found constitutional only by a showing of legitimate penological need, the policymaker defendants were entitled to qualified immunity only if it was shown

Schneider v. Simonini

314 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Sep 4, 1998

The trial judge dismissed the case against Post based on qualified immunity. … The test is whether the conduct involved was objectively reasonable in the light of clearly established law. Harlow, supra, 457 U.S. at 818 , 102 S.Ct. at 2738 , 73 L.Ed.2d at 410 .

Conklin v. Cohen

287 So. 2d 56 · Supreme Court of Florida · Dec 5, 1973

Furthermore, it is clear that the owners did not qualify as "contractors" or "statutory employers," within the foregoing definitions thereof. … [owner's] negligence," clearly stated a cause of action against the owners, and, as clearly, were sufficient to withstand the owners' Motion to Dismiss. II.

Ortega v. Moran

District Court, D. Connecticut · Nov 21, 2022

Moran further asserts a defense of qualified immunity. … In order for a plaintiff to overcome a defense of qualified immunity, a plaintiff must show that the defendant violated a right of the plaintiff that was clearly established law at the time of the conduct in question.

Charles Bella v. Lee Chamberlain and Curtis Meyers

24 F.3d 1251 · Court of Appeals for the Tenth Circuit · May 20, 1994

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 rights of … The very purpose of qualified immunity is to "weed out” suits that fail to assert the violation of a clearly established constitutional right "without requiring a defendant ... to engage in expensive and time consuming preparation