Case law

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.

Susan Vaughn v. Greene County, AR

438 F.3d 845 · Court of Appeals for the Eighth Circuit · Feb 17, 2006

Individual Liability of Sheriff Langston “Qualified immunity protects a government official from liability in a [section] 1983 claim unless his or her conduct violated a clearly established statutory or constitutional … right; and, if so, (2) whether the right was clearly established at the time of the deprivation such that a reasonable official would understand his conduct was unlawful in the situation he confronted.

Bernier v. Trump

299 F. Supp. 3d 150 · Court of Appeals for the D.C. Circuit · Mar 8, 2018

The court held: Plaintiff's Bivens claims are easily dismissed on the second prong of the qualified immunity test because the rights Plaintiff claims were violated were not clearly established at the time the alleged violations … As noted above, this court dismissed Plaintiff's Bivens claim on the second "clearly established" prong of the qualified immunity test. See Pearson v.

Turturro ex rel. Turturro v. City of New York

28 N.Y.3d 469 · New York Court of Appeals · Dec 22, 2016

In the specific proprietary field of roadway safety, a municipality is afforded “a qualified immunity from liability arising out of a highway planning decision” (Friedman, 67 NY2d at *480 283 ). 1 The qualified nature of … This qualified immunity, which applies in a specific field of proprietary functions, is separate from the governmental function immunity defense, which applies only to governmental functions, as explained.

John Doe, as Next Friend of Jane Doe, a Child v. Hillsboro Independent School District, Larry Zabcik

81 F.3d 1395 · Court of Appeals for the Fifth Circuit · Jun 17, 1996

the grounds for denying a motion for summary judgment based on qualified immunity: “(a) a determination about pre-existing ‘clearly established’ law, or (b) a determination about ‘genuine’ issues of fact for trial.” 15 The … given facts showed a violation of clearly established law.

Burton v. Richmond

370 F.3d 723 · Court of Appeals for the Eighth Circuit · Aug 2, 2004

Because we determine that there was no violation of a clearly established constitutional right, defendants are entitled to qualified immunity. … II. 5 Governmental officials are entitled to qualified immunity under § 1983 when performing discretionary functions unless they violate clearly established law in executing their duties. Burton I, 276 F.3d at 976 .

Knisley v. PIKE CTY. JOINT VOCATIONAL SCHOOL DIST.

604 F.3d 977 · Court of Appeals for the Sixth Circuit · May 14, 2010

The defendants may still be entitled to qualified immunity if their actions did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Our Circuit’s clearly established case law on this issue put the school and its employees on notice that this search was unconstitutional, so defendants are not entitled to qualified immunity protection.

Scotto v. Almenas

143 F.3d 105 · Court of Appeals for the Second Circuit · May 5, 1998

Most executive officials receive qualified immunity, whereby "government officials performing discretionary functions ... are shielded from liability ... insofar as their conduct does not violate clearly established statutory … Qualified Immunity 28 The district court did not consider, and the parties have not briefed, whether or not Almenas, as alleged by Scotto, violated clearly established constitutional norms of which an objectively reasonable

Cox v. Roskelley

359 F.3d 1105 · Court of Appeals for the Ninth Circuit · Feb 20, 2004

The defendants filed a motion for summary judgment, without making any qualified immunity argument. … The second summary judgment motion asserted, for the first time, a qualified immunity defense.

Beard v. Whitmore Lake School District

402 F.3d 598 · Court of Appeals for the Sixth Circuit · Apr 4, 2005

denied the teachers’ request for qualified immunity. … Conclusion Because the searches in this case did not violate clearly established law, the defendants are entitled to qualified immunity. The denial of summary judgment is accordingly REVERSED.

Equal Employment Opportunity Commission v. HP Pelzer Automotive Systems, Inc. (TV2)

District Court, E.D. Tennessee · Mar 2, 2020

and defendant affidavits represented “nothing more than conflicting witness testimony”); Wayne, 36 F.3d at 530 (upholding district court’s denial of attorney fees where defendants won summary judgment on the basis of qualified … immunity, but plaintiffs also sued for injunctive relief, which was not barred by immunity); Beard v.

Burke v. Town of Walpole

405 F.3d 66 · Court of Appeals for the First Circuit · Apr 26, 2005

Shea, and Trooper McDonald should receive qualified immunity on the ground that their conduct was objectively reasonable under clearly established law. See Burke, 2003 U.S. Dist. LEXIS 24897, at *25 (Det. … Bausch to be one of the officers who arrested Burke and reach his qualified immunity defense. 23 The other police defendants raise no argument about the absence of clearly established law.

Robinson v. City of West Allis

239 Wis. 2d 595 · Wisconsin Supreme Court · Dec 13, 2000

When faced with the defense of qualified immunity the plaintiff bears the burden of establishing that a defendant's conduct violated " 'clearly established statutory or constitutional rights of which a reasonable person would … While it is clearly established that an individual has a right to be free from excessive force, our qualified immunity inquiry must be much more particularized as to the facts of each case. Anderson v.

Rieck v. Jensen

651 F.3d 1188 · Court of Appeals for the Tenth Circuit · Jun 30, 2011

plaintiff complains violated clearly established law.” … In this case we may review the district court’s denial of Jensen’s motion for summary judgment based on qualified immunity because, as we shall see, Jensen’s entitlement to qualified immunity is based on undisputed facts

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

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.

Texas Department of Criminal Justice and Glenda Pierson v. Linda Thomas as Personal Representative for the Estate of Damon Hollimon, and Ashley Dominique Hollimon

Texas Court of Appeals, 1st District (Houston) · Apr 19, 2007

from suit, and Pierson's motion for summary judgment asserted qualified immunity. … The doctrine of qualified immunity shields an official performing discretionary functions from liability for civil damages under section 1983, provided the official's conduct does not violate clearly established constitutional

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

Farrelly v. City of Concord

2012 DNH 166 · District Court, D. New Hampshire · Oct 1, 2012

Carroll are not entitled to qualified immunity because the unconstitutionality of RSA 644:4, I(f) was clearly established by the New Hampshire Supreme Court’s decision in Pierce. … Even s o , the officers are entitled to qualified immunity because Farrelly’s right to send the e-mails in question was not clearly established at the time of his arrest.

Hicks v. City Of Watonga

942 F.2d 737 · Court of Appeals for the Tenth Circuit · Aug 19, 1991

immunity. 31 Clearly, the threat to fire Mr. … Diffey's lone vote. 72 The appellants are entitled to qualified immunity on the property interest claim unless they violated Mr. Hicks' clearly established right. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .