Case law

District Council 20, American Federation of State, County & Municipal Employees v. District of Columbia

150 F. Supp. 2d 136 · District Court, District of Columbia · Jul 10, 2001

For purposes of qualified immunity, a right is “clearly established” if “the contours of that right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right.” … immunity as to these claims which have not been clearly established in this or any other circuit.

Adams v. St. Lucie County Sheriff's Department

962 F.2d 1563 · Court of Appeals for the Eleventh Circuit · Aug 12, 1992

The court concluded in Ansley that "[t]he Supreme Court's qualified immunity precedent aims at one goal: to keep the public official out of the courtroom, free to exercise discretionary duties under clearly established law … These cases establish no law clearly and fail to overcome defendants' qualified immunity. 70 As I stated earlier, see supra, until the Supreme Court's decision in Brower, the intentional, successful use of physical force-

Bankston v. Pass Road Tire Center, Inc.

611 So. 2d 998 · Mississippi Supreme Court · Dec 31, 1992

Officers, like Rogers and Smith, are not absolutely immune from liability for their discretionary actions; they can be held liable for their discretionary actions if their conduct does violate a clearly established constitutional … Even if the impoundment was at their own discretion, they would enjoy a qualified immunity.

Joseph v. Donahue

392 F. Supp. 3d 973 · District Court, D. Maine · May 28, 2019

"Qualified immunity shields government officials from liability and the burdens of litigation in a § 1983 action *984 unless the official's conduct violates a clearly established constitutional or statutory right of which … A police officer is entitled to qualified immunity unless the facts shown by the plaintiff establish "(1) that a plaintiff's constitutional rights have been violated, and (2) those rights were so clearly established at the

Ager v. Office of Director of Regulation

1 Am. Tribal Law 380 · Mohegan Gaming Disputes Trial Court · Oct 30, 1997

It is well established that Indian tribes possess the “common-law immunity from suit traditionally enjoyed by sovereign powers”, Santa Clara, Pueblo v. … 502 of Article V of M.T.O. 95-4 specifies that nothing in the ordinance establishing the Gaming Disputes Court “shall be construed as a waiver of the sovereign immunity of the Tribe, the Authority or the Tribe’s other enterprises

Greenaway v. County of Nassau

97 F. Supp. 3d 225 · District Court, E.D. New York · Mar 31, 2015

The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” Garcia, 43 F.Supp.3d at 289 . … .-, 134 S.Ct. 1861, 1866 , 188 L.Ed.2d 895 (2014) (noting that courts evaluating qualified immunity must “draw[] inferences in favor of the nonmovant, even when ... a court decides only the clearly-established prong of the

Meadours Ex Rel. Estate of Meadours v. Ermel

483 F.3d 417 · Court of Appeals for the Fifth Circuit · Apr 3, 2007

The doctrine of qualified immunity shields government officials performing discretionary functions from civil liability "‘insofar as their conduct does not violate clearly established . . . constitutional rights of which … Second, we determine whether the officers' conduct was objectively reasonable in light of "clearly established" law at the time of the alleged violation. Goodson v.

Mason v. Lafayette City-Parish Consolidated Government

806 F.3d 268 · Court of Appeals for the Fifth Circuit · Nov 10, 2015

immunity. 10 “[Qualified immunity shields government officials acting within their discretionary authority from liability when their conduct does not violate clearly established statutory or constitutional law of which a … We therefore must determine whether Faul is entitled to qualified immunity on the grounds that he did not violate clearly established law.

Gunasekera v. Irwin

517 F. Supp. 2d 999 · District Court, S.D. Ohio · Sep 26, 2007

QUALIFIED IMMUNITY Qualified immunity, or “good faith” immunity, is an affirmative defense that a defendant state official may raise. Siegert v. Gilley, 500 U.S. 226, 231 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991). … Even if the Court found that Graduate Faculty status constitutes a protected property interest, this interest is not clearly established.

City of Brooksville v. Warner

533 S.W.3d 688 · Court of Appeals of Kentucky · Mar 17, 2017

Because the safe driving of a police vehicle is a ministerial act, Hause is not entitled to qualified immunity on Plaintiffs negligent driving claim. … For this reason, and to ensure that governmental officials will exercise discretion when needed, our law allows qualified immunity from suit on the performance of discretionary acts.

Prager v. LaFaver

103 F. Supp. 2d 1278 · District Court, D. Kansas · Jun 16, 2000

Once a defendant 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. … Therefore, the issue before the court is whether those rights were clearly established at the time of the deprivation. B.

Schwab v. Wood

767 F. Supp. 574 · District Court, D. Delaware · Jun 12, 1991

Qualified Immunity A. … Standard for Qualified Immunity State officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established constitutional rights of which

Aspinwall v. Herrin

879 F. Supp. 1227 · District Court, S.D. Georgia · Dec 27, 1994

Herrin is entitled to qualified immunity on Plaintiffs’ claim because it was not clearly established in January of 1993 that a Georgia sheriff was bound by a county merit system. … Under the objective reasonableness standard for qualified immunity, Plaintiffs have the burden of proving that Herrin’s actions violated clearly established constitutional law.

Ortiz v. Kazimer

811 F.3d 848 · Court of Appeals for the Sixth Circuit · Feb 4, 2016

This use of force was clearly established as excessive before 2010. … His lack of action on this record establishes a cognizable claim that he violated Juan’s clearly established constitutional rights. State-law claims.

Fisher v. Ahmed

153 N.E.3d 612 · Ohio Court of Appeals · Mar 31, 2020

Even assuming that the facts and allegations of the complaint conclusively established that Ahmed is generally personally immune from liability, the complaint does not conclusively establish the inapplicability of an exception … Once established, a qualified privilege can be defeated by a clear and convincing showing that the communication was made with actual malice.

Damaris Rivera-Ruiz v. Leonardo Gonzalez-Rivera, Etc.

983 F.2d 332 · Court of Appeals for the First Circuit · Jan 5, 1993

Qualified Immunity Appellees’ suggest that as government officials, they are entitled to qualified immunity. The qualified immunity defense does not rescue appellees in this case. … However, government officials are not entitled to this defense if they violate clearly established rights of which a reasonable government official would have known. Harlow v.

Terrell v. Allgrunn

114 F.4th 428 · Court of Appeals for the Fifth Circuit · Aug 27, 2024

To defeat qualified immunity, the plaintiff must show that the official’s conduct was objectively unreasonable in light of a clearly established rule of law. … When evaluating whether [Allgrunn] violated clearly es- tablished law for purposes of our qualified immunity analysis, we consider whether the law was clearly established at the time of the defendant

T.S. v. Gabbard

860 F. Supp. 2d 384 · District Court, E.D. Kentucky · May 9, 2012

On the other hand, the Defendants contend that they are entitled to qualified immunity on the Plaintiffs’ claims because their actions, in executing the BRJDC Body ID process, did not violate clearly established statutory … Applying these standards in this case, it is the Plaintiffs who bear the burden of establishing that the Defendants are not entitled to qualified immunity.

Mossey v. City of Galveston, Tex.

94 F. Supp. 2d 793 · District Court, S.D. Texas · Apr 25, 2000

Plaintiff’s Claim of Unlawful Arrest Is Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. See Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992). … Plaintiff’s Claim of Excessive Force Is Not Barred by Qualified Immunity Established law clearly provides that Plaintiff has a Fourteenth Amendment right to be free from the use of excessive force by police.

Doe v. Ohio State Univ.

323 F. Supp. 3d 962 · District Court, S.D. Ohio · Aug 20, 2018

that right was clearly established.' " Miami Univ. , 882 F.3d at 604 (quoting Colvin v. … certainly clearly established at all times pertinent to this action....'