Case law

Vega, Alfredo v. Anderson

District Court, W.D. Wisconsin · Sep 24, 2020

Summary judgment to defendants would be required under the doctrine of qualified immunity. See D.C. v. Wesby, 138 S. … Ct. 577, 589 (2018) (Government officials entitled to qualified immunity from personal liability in lawsuit unless conduct violated federal statutory or constitutional right and unlawfulness of conduct was “clearly established

Garson v. Hendlin

141 A.D.2d 55 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 1988

While it is true that the cloak of a qualified immunity may also serve to protect commentary of dubious probative worth, the policy interests furthered by recognition of the privilege serve as a counterweight to any incidental … The plaintiff has not established otherwise.

Pollnow v. Glennon

757 F.2d 496 · Court of Appeals for the Second Circuit · Mar 12, 1985

violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” … The district court in that case concluded that, although the right to such a hearing under the due process clause had not been clearly established at the time of the termination, the failure to follow established state regulations

Reed v. Multi-Cty. Juvenile Sys.

2010 Ohio 6602 · Ohio Court of Appeals · Dec 30, 2010

To overcome the appellants' qualified-immunity defense, Reed must establish that the appellants' conduct violated a constitutional right and that the right was clearly established. Hope v. … Leonard (C.A.8, 2007), 477 F.3d 544, where qualified immunity was denied via summary judgment.

Bosarge v. Mississippi Bureau of Narcotics

796 F.3d 435 · Court of Appeals for the Fifth Circuit · Jul 15, 2015

To overcome the qualified immunity defense, Bosarge must plead that the agents violated a clearly established statutory or constitutional right of which a reasonable person would have known. See Pearson v. … The agents are entitled to qualified immunity, and we need not decide their claim of absolute immunity under Rehberg.

Anderson v. Recore

446 F.3d 324 · Court of Appeals for the Second Circuit · May 4, 2006

II 33 "[P]ublic officials . . . are protected by qualified immunity from civil liability for actions taken in their official capacity, if those actions were objectively reasonable in light of clearly established rules then … Defendants are therefore entitled to qualified immunity.

Spencer v. King County

39 Wash. App. 201 · Court of Appeals of Washington · Dec 17, 1984

State officials are afforded a qualified immunity from liability under section 1983 insofar as their conduct does not violate clearly established federal statutory or constitutional rights of which a reasonable person would … At a minimum, the constitutional rights asserted by Spencer were not "clearly established" at the time of the challenged conduct.

Lee v. Arapahoe County

197 F.3d 1291 · Court of Appeals for the Tenth Circuit · Dec 1, 1999

We affirm the district court’s denial of qualified immunity to Mr. … The final step in reviewing the district court’s denial of qualified immunity to Mr. Gibbs is to determine whether the right violated was clearly established at the time of Mr. Lee’s termination. Siegert v.

Hunt v. Massi

5 F. Supp. 3d 160 · District Court, D. Massachusetts · Mar 25, 2014

Overview of Qualified Immunity Qualified immunity protects public officials from civil liability under 42 U.S.C. § 1983 , as long as their conduct does not violate clearly established statutory or constitutional rights which … The Right was Clearly Established.

Howard Lockridge v. Bd. of Trustees etc.

315 F.3d 1005 · Court of Appeals for the Eighth Circuit · Jan 14, 2003

Jones’s request for qualified immunity. All of the defendants appeal. Mr. … Jones was not entitled to qualified immunity. On appeal, Dr. Jones contends that he is entitled to qualified immunity because Mr.

Bennett v. Coffman

178 W. Va. 500 · West Virginia Supreme Court · Apr 14, 1987

I It has long been established that a police officer is entitled to qualified immunity from an assessment of damages against him in an action under 42 U.S.C. § 1983 if he acted with a reasonable and good faith belief that … The appellees in this case are therefore immune from damages unless they acted contrary to clearly established law as it existed at the time they entered Mr.

Estate of Saylor v. Regal Cinemas, Inc.

54 F. Supp. 3d 409 · District Court, D. Maryland · Oct 16, 2014

Under Harlow , government officials performing discretionary functions are entitled to qualified immunity from liability for damages to the extent that “their conduct does not violate clearly established statutory or constitutional … The entitlement to qualified immunity involves a two pronged inquiry: “first whether a constitutional violation occurred and second whether the right violated was clearly established.” Melgar v.

Nicholas C. Omdahl, Roger C. Omdahl, and Linda Omdahl v. David E. Lindholm and Michael G. Stoffel

170 F.3d 730 · Court of Appeals for the Seventh Circuit · Mar 15, 1999

It is also the key dispute as to whether the Omdahls established the existence of an alleged constitutional violation and, thus, whether they can successfully refute the qualified immunity defense. … The qualified immunity defense places the burden of establishing the existence of the alleged constitutional violation on the Omdahls. See Clash, 77 F.3d at 1047 .

In re Roberts Litigation

97 F. Supp. 3d 1239 · District Court, D. Montana · Mar 19, 2015

“If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.” Saucier v. … A two-part process for analyzing the application of qualified immunity is established in Saticier. The initial inquiry focuses on whether the officer’s conduct violated a constitutional right. Id.

Roger Trent v. Steven Wade

Court of Appeals for the Fifth Circuit · Jan 9, 2015

The doctrine of qualified immunity “insulate[s]” state officials from liability to the extent that the officials’ actions do not violate “clearly established statutory or constitutional rights.” … ‘clearly established’ at the time of the challenged conduct.”

Barbera v. Smith

836 F.2d 96 · Court of Appeals for the Second Circuit · Dec 30, 1987

Qualified Immunity Prosecutors are entitled to qualified immunity from suit if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Yet, unless it was clearly established in 1981-82 that the government owed a duty of protection to someone in Barbera’s position, qualified immunity will insulate Schlessinger’s actions.

Pabon v. Wright

459 F.3d 241 · Court of Appeals for the Second Circuit · Aug 3, 2006

Because this right was not clearly established in this circuit when Pabon was diagnosed with and treated for Hepatitis C, we affirm the district court’s grant of summary judgment to all Defendants on qualified-immunity grounds … According to this second inquiry, a qualified-immunity defense will be successful either when the defendants’ actions did not violate clearly established law or when it was objectively reasonable for the defendants to believe

Gilhaus v. Gardner Edgerton Unified School District No. 231

138 F. Supp. 3d 1228 · District Court, D. Kansas · Oct 6, 2015

’s violation of a constitutional right; and (2) that the right the. official violated was “clearly established” at the time of the challenged conduct. 62 Accordingly, the. qualified immunity defense must be resolved “at the … Defendants are not .entitled to qualified immunity on Gilhaus’ due process property interest claim because the facts as alleged demonstrate that Defendants violated Gilhaus’ clearly established constitutional rights.

Kathleene Schattilly v. Thomas Daugharty

656 F. App'x 123 · Court of Appeals for the Sixth Circuit · Jul 29, 2016

she still cannot show that defendants violated clearly established rights. … Because Schattilly has not met her burden of showing that the asserted rights are clearly established, we affirm the district court’s grant of qualified immunity to Williams, Acevedo, and Daugharty for interviewing Bailey

Jabbar-El v. Sullivan

811 F. Supp. 265 · District Court, E.D. Michigan · Nov 30, 1992

Restated this means that a defendant has “qualified immunity unless plaintiffs’ ‘rights were so clearly established when the acts were committed that any officer in the defendant’s position, measured objectively, would have … To prevail against a claim of qualified immunity, the plaintiff must set forth a particular and clearly established violation. Id. at 650 . Allegations of malice on the part of the defendant will not defeat the defense.