Case law

Terry Summers v. Simon Leis, Sheriff

368 F.3d 881 · Court of Appeals for the Sixth Circuit · Jul 9, 2004

qualified immunity.” … of qualified immunity.

Mary Dearmon v. Garrett Burgess

388 F.3d 609 · Court of Appeals for the Eighth Circuit · Nov 8, 2004

If so, we next "ask whether the right was clearly established." Id. … P. 41 and state law did not constitute a violation of a clearly established constitutional right, they are entitled to qualified immunity.

Blair v. Meade

76 F.3d 97 · Court of Appeals for the Sixth Circuit · Feb 16, 1996

Meade has qualified immunity. … The qualified immunity analysis requires consideration of whether a right exists at all, i.e., whether plaintiff has asserted violation of a right, and whether that right was clearly established. • The motivation question

Gratz v. Bollinger

122 F. Supp. 2d 811 · District Court, E.D. Michigan · Dec 13, 2000

Under the qualified immunity doctrine, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … According to the Board, its actions must violate “clearly established legal principles” for its Eleventh Amendment immunity to be abrogated. (Id.) (emphasis in original).

Lytes v. Smith

11 F. Supp. 3d 527 · District Court, D. South Carolina · Mar 28, 2014

Qualified Immunity Defendants next assert that they are entitled to qualified immunity 8 because even assuming the court finds a violation of Plaintiffs constitutional rights, their conduct did not violate “clearly established … Furthermore, because Plaintiff has failed to establish a violation of his constitutional rights, the court need not address whether Plaintiffs asserted rights were “clearly established” for purposes of qualified immunity.

Salazar v. Bjork

85 N.M. 94 · New Mexico Court of Appeals · Mar 23, 1973

However, we do believe that the facts of this case give rise to a qualified immunity. … Ares, 29 N.M. 418 , 223 P. 766 (1924) have used the term “qualified privilege” where we have used the words “qualified immunity”.

Demster v. CITY OF LENEXA, KANSAS

352 F. Supp. 2d 1165 · District Court, D. Kansas · Jan 18, 2005

Plaintiffs respond by arguing that qualified immunity does not apply in this case because the officers violated plaintiffs’ clearly established Fourth Amendment Rights. … The court, however, finds that no clearly established right was violated by defendants’ conduct.

Linda K. Wood v. Steven C. Ostrander Neil Maloney

879 F.2d 583 · Court of Appeals for the Ninth Circuit · Jun 27, 1989

Qualified, Immunity State officials cannot be held liable for damages under section 1983 unless their conduct violates a clearly established constitutional right. Davis v. … away clearly established law.

Laquarius Gray v. Antonio Bostic

458 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Aug 7, 2006

Qualified Immunity Principles “Qualified immunity offers a complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional … The Supreme Court has established a two-part test to evaluate whether an official is entitled to qualified immunity.

Chatman v. Ft. Lauderdale Police Department

688 F. App'x 870 · Court of Appeals for the Eleventh Circuit · Jun 6, 2016

to summary judgment on the basis of qualified immunity. … ANALYSIS On appeal, Deputy Wengert does not argue that Chatman’s right to be free from a prolonged dog bite after surrender was not clearly established under federal law.

Wilson v. City of Des Moines

160 F. Supp. 2d 1038 · District Court, S.D. Iowa · Jul 25, 2001

Katz, — U.S. -, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (June 18, 2001) changed the landscape of qualified immunity. … Second, if a violation is established, courts are to determine whether the right was clearly established “on a more specific level than recognized by the [Ninth Circuit] Court of Appeals.” Id. at 2155.

Chagnon v. Bell

468 F. Supp. 927 · District Court, District of Columbia · Jan 29, 1979

These holdings clarify the scope of acts for which officials are entitled to qualified immunity. … In view of the state of the law at the time defendants acted, it is clear that the constitutional rights alleged to have been violated by defendants were anything but “clearly established.”

Clay v. Board of Trustees of Neosho County Community College

905 F. Supp. 1488 · District Court, D. Kansas · Oct 13, 1995

To summarize, public officials enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … A claim of qualified immunity is analyzed as follows: Once a claim of qualified immunity is adequately raised by a defendant, the plaintiff must “show that the law was clearly established when the alleged violation occurred

Jenkins v. Cnty. of Washington

126 F. Supp. 3d 255 · District Court, N.D. New York · Aug 27, 2015

Defendants to believe that their acts did not violate any such clearly established rights. … a single case in this Circuit that rendered the rights in question clearly established.

Donovan v. City of Milwaukee

845 F. Supp. 1312 · District Court, E.D. Wisconsin · Nov 20, 1992

Qualified Immunity The individual defendants argue that they are protected from civil damages by the doctrine of qualified immunity. In Harlow v. … This court does not agree with Donovan that Gamer creates clearly established law with respect to the present action.

Nelson v. Stalder

135 F. Supp. 2d 745 · District Court, E.D. Louisiana · Feb 13, 2001

of the clearly established legal rules. … The court finds that Nelson has satisfied his burden of rebutting defendants’ qualified immunity defense by establishing that the defendants’ actions violated a law which the court finds was clearly established, and by establishing

McLaughlin v. CASLER

634 F. Supp. 2d 881 · District Court, N.D. Illinois · Jun 8, 2009

to qualified immunity. … with due process, and (3) the undisputed facts establish that Casler and Fritz are entitled to qualified immunity.

Calloway v. Boro of Glassboro Department of Police

89 F. Supp. 2d 543 · District Court, D. New Jersey · Feb 8, 2000

It is well-established that under the doctrine of qualified immunity: Government officials performing discretionary functions are “shielded from liability for civil damages insofar as then-conduct does not violate clearly … Under the circumstances of this case, I find that the law at the time of the allegedly discriminatory conduct was not clearly established and therefore, Best, Massari, and Powell are entitled to qualified immunity. c. § 1983

Barber v. Lynch

275 Pa. Super. 333 · Superior Court of Pennsylvania · Mar 7, 1980

and qualified privilege or immunity. … The preliminary objections of Appellees do not specifically use the term “qualified privilege” or “qualified immunity”.

Zuchel v. Spinharney

890 F.2d 273 · Court of Appeals for the Tenth Circuit · Nov 27, 1989

Runner, 854 F.2d 374 (10th Cir.1988): 8 Qualified immunity is an affirmative defense that protects government officials from personal liability unless their actions violate clearly established law of which a reasonable person … Id. 12 Officer Spinharney concedes that Zuchel's right to be free from excessive force is a clearly established right. Opening Brief of Appellant at 24.