Case law

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

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.

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

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.

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.

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.

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.

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.

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.

Allen v. Sakai

40 F.3d 1001 · Court of Appeals for the Ninth Circuit · Nov 15, 1994

Defendants are entitled to qualified immunity only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … established constitutional rights, defeating defendants’ claims to qualified immunity at the summary judgment stage.

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

Rhodes v. Robinson

408 F.3d 559 · Court of Appeals for the Ninth Circuit · Aug 19, 2004

Rowland, 65 F.3d 802 , 806 & n. 4 (9th Cir.1995) (“[T]he prohibition against retaliatory punishment is ‘clearly established law’ in the Ninth Circuit, for qualified immunity purposes. … must first reiterate our firm recognition that “the prohibition against retaliatory punishment is ‘clearly established law’ in the Ninth Circuit, for qualified immunity purposes.”

Anderson v. Recore

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

II “[Pjublic 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 extant … Defendants are therefore entitled to qualified immunity.

Doan v. Watson

168 F. Supp. 2d 932 · District Court, S.D. Indiana · Oct 10, 2001

Qualified immunity Defendants contend that they should enjoy qualified immunity for their administration of the strip-search procedure, pursuant to § 1983. … Officials acting under qualified immunity are not subjected to suit “unless their actions violate clearly established statutory or constitutional rights then known to a reasonable officer.” Ulichny v. Merton Cmty. Sch.

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.

Moon v. Brown

939 F. Supp. 2d 1329 · District Court, M.D. Georgia · Mar 29, 2013

“Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … This law was clearly established by the Supreme Court well before the October 10, 2010 seizure. 56 Therefore, Mayor Brown had “fair warning,” and is not entitled to qualified immunity with respect to Plaintiffs’ Fourth Amendment

Hepting v. AT & T Corp.

439 F. Supp. 2d 974 · District Court, N.D. California · Jul 20, 2006

Qualified immunity shields state actors from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … are not clearly established and deny them qualified immunity when they violate statutory rights that similarly are not clearly established.”); accord Tapley, 211 F.3d at 1216.

ESTATE OF GAITHER EX REL. GAITHER v. District of Columbia

655 F. Supp. 2d 69 · District Court, District of Columbia · Sep 8, 2009

Legal Standard for Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as then-conduct does not violate clearly established statutory or constitutional … the officer’s conduct clearly violated established law.”