Case law

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.

Rosenbaum v. Washoe County

654 F.3d 1001 · Court of Appeals for the Ninth Circuit · Aug 22, 2011

so, whether that right was clearly established at the time of the event. … Ct. at 2083 (holding that an official is not entitled to qualified immunity where “every reasonable official” would have understood that he was violating a clearly established right (emphasis added) (internal quotation marks

Johnson v. City of Ecorse

137 F. Supp. 2d 886 · District Court, E.D. Michigan · Mar 29, 2001

Qualified Immunity Officers Smith and Herring plead the defense of qualified immunity. … The standard for that defense is that governmental officials performing discretionary functions are entitled to qualified immunity, which shields them from civil damages, provided their conduct did not violate a clearly-established

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.

Don Meadows v. Rockford Housing Authority

861 F.3d 672 · Court of Appeals for the Seventh Circuit · Jun 30, 2017

Qualified immunity protects state officials from liability for civil damages unless the plaintiff can show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … A right is clearly established when existing precedent has placed the right’s existence “beyond debate.” Reichle v. Howards, 132 S. Ct. 2088, 2093 (2012).

Massi v. Flynn

254 F. App'x 84 · Court of Appeals for the Second Circuit · Nov 16, 2007

Our jurisdiction under the collateral order doctrine is limited to whether, as a matter of law, Flynn is entitled to qualified immunity “either because the law was not clearly established or because, on the facts assumed … Instead, we ask only “whether the facts alleged ... support a claim of violation of clearly established law.” Id. at 528 n. 9, 105 S.Ct. 2806 .

Ruiz-Bueno v. Scott

639 F. App'x 354 · Court of Appeals for the Sixth Circuit · Feb 2, 2016

Whether a defendant receives qualified immunity turns on two questions: did the defendant violate a constitutionally protected right, and if so, was the right clearly established at the time the act was committed? … In determining whether clearly established law has been violated, we examine the “objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.”

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

Stanley Joseph v. Kenneth Allen

712 F.3d 1222 · Court of Appeals for the Eighth Circuit · Apr 15, 2013

Qualified immunity shields law enforcement officers from suit if they “[did] not violate [a] clearly established statutory or constitutional right[] of which a reasonable person would have known.” Gorra v. … However, qualified immunity allows officers to make reasonable errors, Habiger v.

Hassell v. Fischer

879 F.3d 41 · Court of Appeals for the Second Circuit · Jan 3, 2018

 immunity because they had  violated  clearly  established  law,  announced  in  Earley  I,  when  they  administratively  added  and  then  applied  the  conditions  of  a  PRS  term  to  Hassell.7  The  District  Court …   clearly  established  statutory  or  constitutional  rights  of  which a reasonable person would have known.’” 

Daryl L. Davis v. Barbara Knell

375 F.3d 703 · Court of Appeals for the Eighth Circuit · Jul 14, 2004

“in light of the legal rules that were ‘clearly established’ at the time [the actions were] taken.” … Clearly Established The second question that we must ask in our qualified immunity analysis is whether the constitutional right alleged to have been violated was clearly established. Saucier, 533 U.S. at 201.

Joseph v. Donahue

392 F. Supp. 3d 973 · District Court, D. Maine · May 28, 2019

"Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 action *984 unless the official's conduct violates a clearly established constitutional or statutory right of which … A police officer is entitled to qualified immunity unless the facts shown by the plaintiff establish "(1) that a plaintiff's constitutional rights have been violated, and (2) those rights were so clearly established at the

Doninger v. Niehoff

594 F. Supp. 2d 211 · District Court, D. Connecticut · Jan 15, 2009

Doninger seeks to enforce was not clearly established at the time of the events in question, Defendants are entitled to qualified immunity on Ms. Doninger’s blog entry First Amendment claim. … qualified immunity.

Mitchell v. Street

415 F. Supp. 2d 490 · District Court, E.D. Pennsylvania · Aug 16, 2005

QUALIFIED IMMUNITY Finally, Defendant Mayor Street asserts that he is entitled to qualified immunity. “Qualified immunity is available to government officials performing discretionary functions.” Lodato v. … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

Mettler Ex Rel. Burnett v. Nellis

280 Wis. 2d 753 · Court of Appeals of Wisconsin · Mar 22, 2005

We conclude that O'Connor's affidavit is sufficient to qualify her to give her opinions. … containing those opinions should be considered at summary judgment. 5 Nellis does not argue that expert opinion is inappropriate, only that O'Connor's affidavit is insufficient. 6 Nellis argues that O'Connor's affidavit does not establish

Kroll v. United States Capitol Police

683 F. Supp. 824 · District Court, District of Columbia · Jun 22, 1987

The Court now briefly elaborates on the claims of qualified immunity. … In Harlow the Supreme Court recognized that governmental officials may be entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Juan Angel Torres v. United States

200 F.3d 179 · Court of Appeals for the Third Circuit · Dec 29, 1999

Ct. 2393 (1999). 16 Under the doctrine of qualified immunity, "[g]overnment officials performing discretionary functions are`shielded from liability for civil damages insofar as their conduct does not violate clearly established … The inquiry when a defendant claims qualified immunity is "whether a reasonable officer could have believed that his or her conduct was lawful, in light of the clearly established law and the information in the officer's

Gay Activists Alliance v. Board of Regents of the University of Oklahoma

638 P.2d 1116 · Supreme Court of Oklahoma · Dec 22, 1981

The Court added that “[a] compensatory award will be appropriate only if the school board member has acted with such an impermissible motivation or with such disregard of the student’s clearly established constitutional rights … The Regents did not act with such disregard for the established law as to deny them qualified immunity. There had been no relevant pronouncements by this Court or by the Tenth Circuit interpreting Oklahoma law.

Dehne v. City of Reno

222 F. App'x 560 · Court of Appeals for the Ninth Circuit · Feb 20, 2007

In this appeal, Dehne objects to the district court’s grant of qualified immunity to Griffin. 1 Public officials are entitled to qualified immunity for acts that do not violate clearly established constitutional rights of … If an official “could have believed, ‘reasonably but mistakenly ... that his or her conduct did not violate a clearly established constitutional right,’ ” then qualified immunity applies. Skoog v.

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.