Case law

Mitchell v. Street

415 F. Supp. 2d 490 · District Court, E.D. Pennsylvania · Aug 16, 2005

QUALIFIED IMMUNITY Finally, Defendant Mayor Street asserts that he is entitled to qualified immunity. “Qualified immunity is available to government officials performing discretionary functions.” Lodato v. … If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.

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.

Wormley v. United States

601 F. Supp. 2d 27 · District Court, District of Columbia · Feb 24, 2009

is not clearly established. … So long as a defendant’s alleged conduct violated some clearly established constitutional right, that defendant is not entitled to qualified immunity.

Kroll v. United States Capitol Police

683 F. Supp. 824 · District Court, District of Columbia · Jun 22, 1987

The Court now briefly elaborates on the claims of qualified immunity. … In Harlow the Supreme Court recognized that governmental officials may be entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Apffel v. Huddleston

50 F. Supp. 2d 1129 · District Court, D. Utah · May 27, 1999

Defendants are entitled to qualified immunity. … “Qualified immunity spares Defendants the burden of proceeding with the litigation unless Plaintiff can show that Defendants violated ‘clearly established statutory or constitutional rights of which a reasonable person would

Williams v. Crosby

43 F. Supp. 3d 794 · District Court, N.D. Ohio · Aug 12, 2014

The doctrine of qualified immunity shields from civil liability government officials who perform discretionary functions if “their conduct does not violate clearly established statutory or constitutional rights of which a … Williams is a constitutional violation, it was not clearly established under Circuit precedent in September 2012. R. Williams is entitled to qualified immunity on the unlawful arrest claim.

Hartwell v. City of Montgomery, AL

487 F. Supp. 2d 1313 · District Court, M.D. Alabama · May 10, 2007

Under the qualified-immunity rule, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … to qualified immunity.

Washington v. St. Albans Police Department

30 F. Supp. 2d 455 · District Court, D. Vermont · Oct 27, 1998

Alternatively, Defendants also raise the defense of qualified immunity. … A defense of qualified immunity is established if “(a) the defendants’ action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such

Paul Donald Davis v. Paul Waller

44 F.4th 1305 · Court of Appeals for the Eleventh Circuit · Aug 12, 2022

To overcome the defense of qualified immunity, the plaintiff must show first, that the defend- ant violated a constitutional right and, second, that the right was “clearly established.” Corbitt v. … But I concur in Part II.E’s conclu- sion that Waller did not violate any clearly established law and therefore was entitled to qualified immunity. The majority opinion accurately recounts the facts of the case.

Texas Department of Criminal Justice and Glenda Pierson v. Linda Thomas as Personal Representative for the Estate of Damon Hollimon, and Ashley Dominique Hollimon

Texas Court of Appeals, 1st District (Houston) · Apr 19, 2007

from suit, and Pierson's motion for summary judgment asserted qualified immunity. … The doctrine of qualified immunity shields an official performing discretionary functions from liability for civil damages under section 1983, provided the official's conduct does not violate clearly established constitutional

Burke v. Town of Walpole

405 F.3d 66 · Court of Appeals for the First Circuit · Apr 26, 2005

Shea, and Trooper McDonald should receive qualified immunity on the ground that their conduct was objectively reasonable under clearly established law. See Burke, 2003 U.S. Dist. LEXIS 24897, at *25 (Det. … Bausch to be one of the officers who arrested Burke and reach his qualified immunity defense. 23 The other police defendants raise no argument about the absence of clearly established law.

Kirkland Ex Rel. Jones v. Greene County Board of Education

347 F.3d 903 · Court of Appeals for the Eleventh Circuit · Oct 7, 2003

Notwithstanding that his actual conduct may have violated the Constitution, Morrow agues that at the time of the incident the right to be free from corporal punishment was not clearly established. … Thus, the qualified immunity question turns on whether Morrow’s actions as described by Kirkland violated these principles.

Ostling v. City of Bainbridge Island

872 F. Supp. 2d 1117 · District Court, W.D. Washington · May 24, 2012

But qualified immunity provides a higher standard: the right must be “clearly established” at the time of the incident. The right to be free from the use of excessive force is, of course, clearly established. … And for similar reasons, the Court must deny qualified immunity. The right to medical aid in these circumstances is “clearly established,” see City of Revere v.

Bollinger v. Oregon

172 F. App'x 770 · Court of Appeals for the Ninth Circuit · Mar 28, 2006

Under the law of the case doctrine in our circuit, subsequent proceedings should follow the law of the case established in a previous appellate decision unless: “(1) the decision is clearly erroneous and its enforcement would … Since, in the posture presented to us, this qualified immunity question is a purely legal one, and Bollinger I held that the defendants were not entitled to qualified immunity, that holding controls this appeal as law of

Baddour, Inc. And Bmc Sales, Inc., Plaintiffs-Appellees-Appellants v. United States of America, Michael E. Posey

802 F.2d 801 · Court of Appeals for the Fifth Circuit · Oct 17, 1986

violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 457 U.S. at 818 , 102 S.Ct. at 2738 (emphasis added). … In this case and on these facts the plaintiff clearly has not done so. 3 Were Baddour’s failure to overcome Posey’s qualified immunity defense not enough, the damages suit against Posey could have been dismissed for failure

John Doe, as Next Friend of Jane Doe, a Child v. Hillsboro Independent School District, Larry Zabcik

81 F.3d 1395 · Court of Appeals for the Fifth Circuit · Jun 17, 1996

the grounds for denying a motion for summary judgment based on qualified immunity: “(a) a determination about pre-existing ‘clearly established’ law, or (b) a determination about ‘genuine’ issues of fact for trial.” 15 The … given facts showed a violation of clearly established law.

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.

SER City of Bridgeport v. Hon. John Lewis Marks, Jr., Judge

West Virginia Supreme Court · May 27, 2014

“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … City of Huntington, 198 W.Va. 139, 479 S.E.2d 649 (1996), absolute statutory immunity, like qualified immunity, “is an immunity from suit rather than a mere defense to liability” that “is effectively lost if the case is

El-Amin v. Tirey

817 F. Supp. 694 · District Court, W.D. Tennessee · Mar 8, 1993

The question of whether an official is protected by qualified immunity turns on “the objective legal reasonableness” of the action, assessed in light of the legal rules that were “clearly established” at the time the action … Consequently, defendants Ring and Hemby are protected by qualified immunity.

Shaw v. District of Columbia

944 F. Supp. 2d 43 · District Court, District of Columbia · May 13, 2013

The USMS defendants claim they are entitled to qualified immunity because none of the searches violated a clearly established constitutional right.25 (USMS Mem. at 15.) … Conboy, Kates and Quicksey all argue that they are entitled to qualified immunity because none of these actions violated a clearly established constitutional right.