Case law

Brian Thomas Hoyland v. Shawn McMenomy

869 F.3d 644 · Court of Appeals for the Eighth Circuit · Aug 28, 2017

established law.” … ... right; and (2) whether that right was clearly established at the time of the alleged violation.”

in Re: Texas Department of Transportation

510 S.W.3d 701 · Texas Court of Appeals, 8th District (El Paso) · Oct 14, 2016

While the motion did not expressly refer to sovereign immunity, it asserted that Flores could not establish a prima facie case of age discrimination because TxDOT filled the vacant position with an older employee. … To establish a prima facie case of age discrimination under the Texas Commission on Human Rights Act, the plaintiff in a true replacement case must show that he or she was (1) a member of a protected class; (2) qualified

Lyons v. CITY OF XENIA. OH

258 F. Supp. 2d 761 · District Court, S.D. Ohio · Jan 22, 2003

While it is clearly established that one has the right to be free from arrest not supported by probable cause, the more narrowly focused question for purposes of qualified immunity is whether Officer Keith reasonably could … With respect to Officer Foubert, evidence of excessively forceful handcuffing precludes protection by qualified immunity at the summary judgment stage of litigation, as the right to be free from such is clearly established

Tzilianos v. New York City Transit Authority

91 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 2012

Defendant failed to establish either that compliance with its six-inch gap standard proves that it was not negligent or that it is entitled to qualified immunity In support of its argument that it is entitled to qualified … In Jackson , this Court enunciated that, “[i]n order to establish entitlement to qualified immunity, the defendant must demonstrate that a public planning body considered and passed upon the same question of risk as would

Leang v. Jersey City Board of Education

198 N.J. 557 · Supreme Court of New Jersey · Apr 16, 2009

The panel concluded that their actions fell outside the protections of qualified immunity because they violated plaintiffs clearly established Fourteenth Amendment rights to liberty and due process. See Saucier v. … We begin with a brief overview of the TCA and the qualified immunity it confers.

Holguin v. Lopez

584 F. Supp. 2d 921 · District Court, W.D. Texas · Oct 28, 2008

However, qualified immunity shields state actors performing discretionary functions from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have … “Texas law of official immunity is substantially the same as federal qualified immunity law.” Wren v. Towe, 130 F.3d 1154, 1160 (5th Cir.1997).

Dwayne Volkman v. Lee Ryker

Court of Appeals for the Seventh Circuit · Dec 2, 2013

Qualified Immunity and “Clearly Established” Rights In  addition  to  ruling  against  Volkman  outright  on  the issue of constitutional protection, the district court found that the  defendants  were  shielded  by … Governmental  actors  performing  discretionary  functions enjoy “qualified immunity,” meaning that they are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Duncan v. Goedeke & Cleasey

837 F. Supp. 846 · District Court, S.D. Texas · Nov 22, 1993

Under the doctrine of qualified immunity, federal officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … In order to overcome a defendant official’s qualified immunity from Bivens suits, a plaintiff claiming violation of constitutional rights must first show that these rights were clearly established at the time of the conduct

Ellis v. White

156 N.C. App. 16 · Court of Appeals of North Carolina · Feb 4, 2003

“Under the doctrine of qualified immunity, ‘governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … “Therefore, ruling on a defense of qualified immunity requires (1) identification of the specific right allegedly violated; (2) determining whether at the time of the alleged violation the right was clearly established; and

Doak Walker and Maurice Turner v. R. Schaeffer, Patrolman, and J. Sheridan, Patrolman

854 F.2d 138 · Court of Appeals for the Sixth Circuit · Aug 12, 1988

allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. … We find this to be a sound basis for the claim of qualified immunity here.

Morales v. Busbee

972 F. Supp. 254 · District Court, D. New Jersey · Jun 20, 1997

The qualified immunity doctrine provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as then-conduct does not violate clearly established statutory … The Third Circuit has recently made clear that “to defeat qualified immunity it is not sufficient that the right at issue be clearly established as a general matter.

Moreno v. Baca

431 F.3d 633 · Court of Appeals for the Ninth Circuit · Dec 9, 2005

The court denied the deputies' motion for summary judgment on qualified immunity grounds, holding that Moreno's constitutional right to be free from suspicionless searches was "clearly established" at the time of the detention … Both contentions are untenable. 29 Appellants' first argument in favor of qualified immunity — that it was not clearly established that Moreno had any right to be free from suspicionless searches because of his parole status

DeVries v. State

221 Ariz. 201 · Court of Appeals of Arizona · Mar 31, 2009

or thwarting established public policy. … Here, the trial court determined that qualified immunity applied if the jury found that the factual prerequisites under A.R.S. § 12-820.02(A)(7) were established, thereby allowing the jury to determine only the disputed facts

Gulledge v. Smart

691 F. Supp. 947 · District Court, D. South Carolina · Jul 29, 1988

In considering a defendant’s claim of qualified immunity, the court must focus on the particular facts involved in the alleged deprivation and whether the law at the time of the alleged deprivation was “clearly established … to qualified immunity as to that claim.

Jones v. Butt

643 F. App'x 926 · Court of Appeals for the Eleventh Circuit · Feb 25, 2016

The burden then shifts to the plaintiff to “overcome the defendant’s privilege” by proving that the defendant violated a federal constitutional or statutory right that was “clearly established” at the time of the defendant … It is clearly established that “an arrest without probable cause violates the right to be free from an unreasonable search under the Fourth Amendment.”

Estate of Jaquez v. City of New York

104 F. Supp. 3d 414 · District Court, S.D. New York · May 8, 2015

QUALIFIED IMMUNITY A. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Chayo v. Kaladjian

844 F. Supp. 163 · District Court, S.D. New York · Feb 9, 1994

QUALIFIED IMMUNITY Qualified immunity shields government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” Harlow v. … Accord Harlow, 457 U.S. at 819 , 102 S.Ct. at 2739 (stating that test for qualified immunity “focuses on the objective legal reasonableness of an official’s acts” in light of “clearly established” legal rules); Ying Jing

Pray v. City of Sandusky

49 F.3d 1154 · Court of Appeals for the Sixth Circuit · Mar 21, 1995

In other words, qualified immunity is appropriate either on the basis that the right allegedly violated was not at the time "clearly established," or if "clearly established," was one that a "reasonable" person in the defendant's … violate clearly established rights."

Murray-Ruhl v. Shiawassee

246 F. App'x 338 · Court of Appeals for the Sixth Circuit · Aug 29, 2007

Katz’s two-pronged qualified immunity analysis asks whether the constitutional right at issue was clearly established. … Garner provides a “clearly established” right that fulfills the second prong of the qualified immunity analysis. Did Jenkins’s Conduct Violate a Constitutional Right?

Freeman v. Blair

862 F.2d 1330 · Court of Appeals for the Eighth Circuit · Jan 30, 1989

See 793 F.2d at 171-73. 3 We turn to the issues of qualified immunity. … defendants are entitled to qualified immunity with respect to plaintiffs' claims concerning defendants' failure to obtain a search warrant, and that none of the defendants is entitled to qualified immunity with respect to