Case law

M.P., a Minor v. Monroe Local Schools

District Court, S.D. Ohio · Sep 30, 2021

"An official sued under §1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was 'clearly established' at the time of the challenged conduct." … Fitzgerald, 457 U.S. 800, 818 (1982) (Qualified immunity shields "government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established

Joseph Carl Brown v. Joseph Ponte

842 F.2d 16 · Court of Appeals for the First Circuit · Mar 14, 1988

As a result, the qualified immunity defense is available to appellants. … If the law at the time of appellants’ actions was not “clearly established,” they could not have “known” that their conduct was forbidden. Id.

Arthur Knight v. City of Miami

Court of Appeals for the Eleventh Circuit · Aug 6, 2002

CARNES, Circuit Judge: This appeal by a law enforcement officer from the denial of qualified immunity presents us with these three issues: 1) whether there was an absence of probable cause for the officer’s arrest … Cannon, 174 F.3d 1271, 1283 n.3 (11th Cir. 1999) (“Arguable probable cause, not the higher standard of actual probable cause, governs the qualified immunity inquiry.”); Montoute v.

Johnson v. Bay Area Rapid Transit

790 F. Supp. 2d 1034 · District Court, N.D. California · May 10, 2011

The court, however, granted qualified immunity to MacPherson, stating that as of 2005, it was not clearly established that such use was unconstitutional. Id. at 833 . … Nor is Gee entitled to qualified immunity. The law as to extended detentions absent the indicia of probable cause was clearly established at the time of the incident.

Fennell v. Simmons

951 F. Supp. 706 · District Court, N.D. Ohio · Jan 3, 1997

right was not clearly established. … established, 7 so as to entitle the defendants to judgment on all of Torcasio’s claims of relief on the basis of qualified immunity.

Riverdale Mills Corp. v. United States

337 F. Supp. 2d 247 · District Court, D. Massachusetts · Mar 16, 2004

In evaluating a claim for qualified immunity, a court must determine: 1) whether the plaintiffs allegations, if true, establish a constitutional violation, 2) whether the right was clearly established at the time of the alleged … The answer to each inquiry must be affirmative to overcome a defense of qualified immunity. Id. The Court is underwhelmed by defendants’ arguments that they are entitled to qualified immunity.

Berry v. Craftsman

148 N.J. Super. 366 · New Jersey Superior Court Appellate Division · Mar 17, 1977

The intent of this statute is clearly to establish immunity for all governmental bodies except in conformity with the statute, N. J. S. A. 59 :1-2. English v. Newark Housing Auth., 138 N. J. Super. 425, 428 (App. … A. 59 :1-2 clearly dictates that defendant may not be held liable.

Moran v. Greco

Court of Appeals for the Second Circuit · Apr 12, 2024

In denying summary judgment on qualified immunity grounds, the district court concluded that “[i]t is clearly established that officers may not gratuitously inflict pain in a manner that is not a reasonable response to … Katz, 533 U.S. 194, 201 (2001), the doctrine of qualified immunity protects a government official from liability unless he or she (1) “violated a constitutional [or federal statutory] right” that (2) “was clearly established

Smith v. OUR LADY OF LAKE HOSP.

639 So. 2d 730 · Supreme Court of Louisiana · Sep 15, 1994

immunity, the language of the statute would have clearly reflected this intent." … Employing the former approach and tailoring the definition to fit the qualified immunity provision, courts have found that lack of malice or good faith can be proven by establishing a reasonable basis for the conduct.

Workman v. Jordan

32 F.3d 475 · Court of Appeals for the Tenth Circuit · Aug 16, 1994

QUALIFIED IMMUNITY Qualified immunity protects public officials from individual liability in a § 1983 action unless the officials violated “clearly *479 established ... constitutional rights of which a reasonable person would … Once a defendant to a § 1983 action raises a qualified immunity defense, the burden shifts to the plaintiff to show both facts and law to establish that the defendant is not entitled to a qualified immunity. Dixon v.

Colin A. Edwards v. Bryan C. Shanley

Court of Appeals for the Eleventh Circuit · Jan 12, 2012

“Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional … As a result, Officer Shanley cannot claim qualified immunity on the grounds that he did not know he was violating Edwards’s constitutional rights.5 In sum, we hold that clearly established federal law prohibits

Lisa Demaree v. John Krause

880 F.3d 1066 · Court of Appeals for the Ninth Circuit · Jan 23, 2018

“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 … established We move to the second step of the qualified immunity inquiry—whether the relevant judicial precedents at the time of the incident clearly gave notice that what happened here violated the Demaree family’s Fourth

Mowbray v. Cameron County, TX

274 F.3d 269 · Court of Appeals for the Fifth Circuit · Dec 6, 2001

, when based on an issue of (2) was clearly established at the time of the law.” … She under the same test federal courts employ for has not shown Gavito violated any constitu- qualified immunity determinations under tional right, much less one clearly established

Chew v. Gates

744 F. Supp. 952 · District Court, C.D. California · Aug 31, 1990

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), grants qualified immunity to government officials performing discretionary functions as long as their conduct does not violate clearly established … The question of whether a government official has qualified immunity for an action turns on the “ ‘objective legal reasonableness’ of the action, assessed in light of the legal rules that were clearly established at the time

Cierra Dunn v. John Does

Court of Appeals for the Eighth Circuit · Sep 5, 2024

Unless he had arguable probable cause to seize the phones, he violated the plaintiffs’ clearly established right to be free from unreasonable seizures of their property and is not entitled to qualified immunity. … Smith based on qualified immunity.

Cunningham v. Baltimore Cnty.

246 Md. App. 630 · Court of Special Appeals of Maryland · Jul 1, 2020

The Supreme Court has stated that qualified immunity shields government officials performing discretionary functions from civil damages liability “so long as their conduct does not violate clearly established statutory … The court found that Corporal Ruby was entitled to qualified immunity because his conduct did not violate “clearly established” constitutional rights.

Marin Piazza v. Aponte Roque

668 F. Supp. 63 · District Court, D. Puerto Rico · May 20, 1987

Defendants claim qualified immunity from damages on the theory that they did not violate clearly established law. … We therefore hold that defendants’ conduct violated plaintiffs’ clearly established due process rights, and that defendants are not entitled to qualified immunity. 2.

Kies Ex Rel. Kies v. City of Lima

612 F. Supp. 2d 888 · District Court, N.D. Ohio · Mar 16, 2009

Qualified Immunity Officers Ricker and Green assert qualified immunity in response to Kies’ § 1983 claims. … “The third inquiry impacts the analysis when despite the violation of a clearly established constitutional right, the official’s conduct was objectively reasonable, and so should still enjoy qualified immunity.” Id.

Turturro v. City of New York

77 A.D.3d 732 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 2010

The City contended, among other things, that it was entitled to qualified immunity for highway planning decisions made after adequate studies. … While its summary judgment motion was pending, the City made a separate motion, inter alia, for leave to amend its answer to add a defense of qualified immunity.

Stanfield v. City of Lima

244 F. Supp. 3d 638 · District Court, N.D. Ohio · Feb 24, 2017

Nevertheless, the doctrine of qualified immunity shields government officials from suit if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The second inquiry, whether qualified immunity shields an officer from suit, depends on whether, at the time of the incident, “the right was clearly established ... in light of the specific context of the case, not as a broad