Case law

Passatempo v. McMenimen

458 Mass. 1007 · Massachusetts Supreme Judicial Court · Oct 14, 2010

The court did not expressly address the qualified immunity issue. Id. The defendant appealed. Id. On appeal, the Ninth Circuit did not reach the qualified immunity issue as to the first set of claims. 7 Id. at 303-304 . … He may, as we twice clearly indicated in McMenimen I, pursue the immunity issues as a matter of right in *1010 his direct appeal. Id. at 187 & 193 n.13, citing Littles, supra at 880 .

S&M Brands, Inc. v. Stein

2018 NCBC 26 · North Carolina Business Court · Apr 2, 2018

Plaintiff established an Escrow Fund and has made yearly payments into its Escrow Fund since the NC Qualifying Statute was enacted in 1999. … its immunity from suit.”

Hermann v. Cook

240 F. Supp. 2d 626 · District Court, W.D. Kentucky · Jan 22, 2003

Qualified immunity is an affirmative defense that shields government officials performing discretionary functions from liability for civil damages where their conduct does “not violate clearly established statutory or constitutional … Defendants bear the burden of pleading the qualified immunity defense, but Plaintiff bears the burden of showing that Defendants’ conduct violated a right so clearly established that a rea *630 sonable official would have

Batiste v. City of Beaumont

421 F. Supp. 2d 969 · District Court, E.D. Texas · Nov 10, 2005

As the doctrine exists today, qualified immunity shields state officials from personal suits for acts in their official capacity insofar as their conduct does not violate clearly established rights of which a reasonable person … The concept of conduct objectively unreasonable in light of clearly established law is difficult to grasp.

Mladek v. Day

293 F. Supp. 2d 1297 · District Court, M.D. Georgia · Nov 20, 2003

Mladek has alleged sufficient facts to establish a violation of a clearly established constitutional right, thus overcoming the employee’s qualified immunity defense. I. Mr. Mladek’s Fourth Amendment Claims A. … Mladek overcomes his qualified immunity defense.

Brett C. Kimberlin v. Michael J. Quinlan

6 F.3d 789 · Court of Appeals for the D.C. Circuit · Oct 8, 1993

Since then the Court has made it clear that qualified immunity should be granted, and suit dismissed, where the plaintiff “not only failed to allege the violation of a constitutional right that was clearly established at … More recently, in Siegert , we clearly explained how the standard applies to a summary judgment motion based on qualified immunity: Where the defendant’s subjective intent is an essential component of plaintiffs claim, once

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. 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.”

Urbanique Production v. City of Montgomery

428 F. Supp. 2d 1193 · District Court, M.D. Alabama · Mar 28, 2006

Pursuant to 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 … Qualified immunity bestows upon government officials a well-established “right” to avoid the burdens, costs and time of trial when the government official does not violate clearly-established constitutional norms.

Cline v. Union County, Iowa

182 F. Supp. 2d 791 · District Court, S.D. Iowa · Oct 30, 2001

elements essential to his claims, Defendants are immune from liability under Iowa Code § 760.4 (3) (2001), Defendants are entitled to qualified immunity under section 1983, and Cline has not established his section 1983 … Qualified Immunity Qualified immunity protects government officials from suit when their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Bell v. Marseilles Elementary School

160 F. Supp. 2d 883 · District Court, N.D. Illinois · Mar 29, 2001

“A qualified immunity analysis entails a purely objective inquiry to determine whether, at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual context … Board of Educ., 894 F.Supp. 386, 390 (D.Kan.1995) (the law regarding student strip searches is clearly established); Konop, 26 F.Supp.2d at 1196 (denying qualified immunity because “the holding in T.L.O. is not, in any way

Opalenik v. LaBrie

945 F. Supp. 2d 168 · District Court, D. Massachusetts · Mar 22, 2013

As Magistrate Judge Judith Dein explained: Qualified immunity shields government officials performing discretionary functions from liability for civil damages when “their conduct does not violate clearly established statutory … rules that were clearly established at the time it was taken.”

Estate of Alvarado ex rel. Alvarado v. Shavatt

673 F. App'x 777 · Court of Appeals for the Ninth Circuit · Jan 18, 2017

Government officials are entitled to qualified immunity from suits for damages unless (1) a plaintiff alleges facts that make out a constitutional violation, and (2) the right at issue was clearly established at the time … Because we reverse on this ground, we do not address Shavatt’s arguments about whether the right at issue was clearly established.

Brassell v. Turner

468 F. Supp. 2d 854 · District Court, S.D. Mississippi · Nov 15, 2006

A two-step approach is used to evaluate qualified immunity claims. … If the plaintiffs allegations could make out a constitutional violation, the court then asks “whether the right was clearly established — that is, whether ‘it would be clear to a reasonable officer that his conduct was unlawful

Leopardi v. Township of Maple Shade

363 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Oct 14, 2003

Potentially liable parties, however, are entitled to qualified immunity if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Qualified immunity claims involve a two-step analysis.

Johnson v. Outboard Marine Corp.

172 F.3d 531 · Court of Appeals for the Eighth Circuit · Mar 24, 1999

The court similarly found that the private defendants were also entitled to qualified immunity and dismissed them from the suit. Rumery and Johnson appeal, contesting the court's findings of qualified immunity. II. … We find the issue of qualified immunity is misplaced for two reasons.

Trey Sims v. Kenneth Labowitz

877 F.3d 171 · Court of Appeals for the Fourth Circuit · Dec 5, 2017

The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have … clearly established at the time of the alleged violation.

Lopez v. San Luis Valley, Board of Cooperative Educational Services

977 F. Supp. 1422 · District Court, D. Colorado · Oct 17, 1997

the clearly established law. … Therefore, defendants Espinoza and Henderson did not violate any “clearly established” law in 1994 and 1995, and they are entitled to summary judgment on their defense of qualified immunity.

Mason v. Lafayette City-Parish Consolidated Government

806 F.3d 268 · Court of Appeals for the Fifth Circuit · Nov 10, 2015

immunity. 10 “[Qualified immunity shields government officials acting within their discretionary authority from liability when their conduct does not violate clearly established statutory or constitutional law of which a … We therefore must determine whether Faul is entitled to qualified immunity on the grounds that he did not violate clearly established law.

FTW REVOCABLE TRUST v. Young

151 P.3d 811 · Hawaii Intermediate Court of Appeals · Feb 22, 2007

immunity because there exists no law giving Linda a clearly-established right to renew Stephen's mooring permit. … question of qualified immunity.

Delaney v. Massachusetts Bay Transportation Authority

24 F. Supp. 3d 121 · District Court, D. Massachusetts · Jun 4, 2014

Qualified Immunity For much the same reason, defendants are entitled to qualified immunity. … “A right is clearly established and immunity will not issue only if ‘every reasonable official would have understood that what he is doing violates that right.’ ” Id. at 50-51 (quoting Ashcroft v. al-Kidd, — U.S. -, 131 S.Ct