Case law

Hemmah v. City of Red Wing

592 F. Supp. 2d 1134 · District Court, D. Minnesota · Dec 30, 2008

Qualified Immunity Defendants Kuhlmann and Seymour 2 seek judgment as a matter of law on the ground that they are protected by qualified immunity. 3 The doctrine of qualified immunity shields state actors performing discretionary … Dist., 512 F.3d 472, 476 (8th Cir.2008), the Court concludes that Hemmah’s right was not clearly established in this case and that, consequently, Defendants Kuhlmann and Seymour are entitled to qualified immunity.

Mossey v. City of Galveston, Tex.

94 F. Supp. 2d 793 · District Court, S.D. Texas · Apr 25, 2000

Plaintiff’s Claim of Unlawful Arrest Is Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. See Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992). … Plaintiff’s Claim of Excessive Force Is Not Barred by Qualified Immunity Established law clearly provides that Plaintiff has a Fourteenth Amendment right to be free from the use of excessive force by police.

Hollowell v. Gravett

703 F. Supp. 761 · District Court, E.D. Arkansas · Oct 19, 1988

In the alternative, Givens claims that he is entitled to qualified immunity in that he was not violating clearly established law. In Imbler v. … a defense of qualified immunity.

Diaz v. Bullock

268 F. Supp. 3d 640 · District Court, D. New Jersey · Aug 3, 2017

The basis for the Court’s finding as' to qualified immunity is that to the extent there is a constitutional right at issue, it is not clearly established. … As a result, and at a minimum, the Officer Defendants are entitled to qualified immunity because the constitutional right is not clearly established.

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.

Gunter v. Morrison

497 F.3d 868 · Court of Appeals for the Eighth Circuit · Aug 15, 2007

The question is whether this right was clearly established. … This right was clearly established. See, e.g., Zar v. S.D.

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

Winfield v. Bass

67 F.3d 529 · Court of Appeals for the Fourth Circuit · Oct 25, 1995

Addressing the qualified immunity defense, the court opined that the constitutional right concededly implicated by Winfield’s factual assertions in his complaint and responsive affidavit was “clearly established” at the time … Here, as indicated, the district court expressly ruled in its memorandum opinion that the right allegedly violated was “clearly established” at the critical time.

Christensen v. Quinn

45 F. Supp. 3d 1043 · District Court, D. South Dakota · Sep 10, 2014

Because the reconstructed affidavit did not establish probable cause, Quinn is not entitled to qualified immunity on that basis. *1081 Quinn argues that she relied on the advice of Landeen-Hoeke, which should establish that … Even if the court assumes that Landeen-Hoeke is only entitled to qualified immunity for those acts, Christensen would still have the burden of showing that the act in question violated a clearly established constitutional

Allen v. Sakai

48 F.3d 1082 · Court of Appeals for the Ninth Circuit · Nov 15, 1994

established constitutional rights, *1086 defeating defendants’ claims to qualified immunity. … established constitutional rights, defeating defendants’ claims to qualified immunity.

Valdez v. United States

58 F. Supp. 3d 795 · District Court, W.D. Michigan · Nov 7, 2014

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 1866 (quoting Hope, 536 U.S. at 739 , 122 S.Ct. 2508 ). … The Court begins with the second prong of the qualified immunity analysis: whether the right at issue was clearly established.

Tina Ewell v. Eric Toney

853 F.3d 911 · Court of Appeals for the Seventh Circuit · Apr 10, 2017

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … To defeat the qualified immunity defense, a plaintiff must show: (1) that the defend- ant violated a constitutional right, and (2) that the right was clearly established at the time so that it would have been clear to a reasonable

Opinion No.

Arkansas Attorney General Reports · Jul 9, 1991

If a plaintiff could conceive of a viable federal legislative or constitutional claim based upon the facts you have stated, only qualified immunity would exist for individual officers involved, and the actual political subdivisions … Creighton, 483 U.S. 635 (1987), (stating that test of qualified immunity for individual officers turns upon the "objective legal reasonableness of the action" assessed in light of the legal rules that were "clearly established

Christopher Covey v. Assessor of Ohio County

777 F.3d 186 · Court of Appeals for the Fourth Circuit · Jan 26, 2015

Thus, they are not entitled to qualified immunity at this stage. The tax assessor’s claim to qualified immunity is a closer call. … On one hand, “an official who performs an act clearly established to be beyond the scope of his discretionary authority is not entitled to claim qualified immunity

Moore v. City of Ferguson

213 F. Supp. 3d 1138 · District Court, E.D. Missouri · Oct 4, 2016

“Qualified immunity is a defense available to government officials if they have not violated ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Amrine v. … Qualified immunity determinations are based on a two-part inquiry.

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 .

Durrant v. BOARD OF ED. OF CITY OF HARTFORD

96 Conn. App. 456 · Connecticut Appellate Court · Jul 11, 2006

A municipal employee has a qualified immunity in the performance of a governmental duty, but he may be liable for tortious conduct if he subjects an identifiable person to imminent harm. Burns v. … To succeed in her claim of liability, therefore, the plaintiff must fall within one of the exceptions to a municipal employee’s qualified immunity for discretionary acts.

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.

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.

Nassau County Employee "L" v. County of Nassau

345 F. Supp. 2d 293 · District Court, E.D. New York · Nov 29, 2004

“The *301 qualified immunity doctrine shields ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “In determining whether a particular legal principle was ‘clearly established’ for purposes of qualified immunity,” the Second Circuit has considered three factors: “whether the right was defined with reasonable specificity