Case law

Hewitt v. Grabicki

596 F. Supp. 297 · District Court, E.D. Washington · Oct 23, 1984

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonable competent public official should know the law governing his conduct. … By defining the limits of qualified immunity essentially in objective terms, we provide no license to lawless conduct.

Hickey v. Zezulka

177 Mich. App. 606 · Michigan Court of Appeals · Jun 19, 1989

good faith or qualified immunity against plaintiffs claim pursuant to 42 USC 1983. … Moreover, even if the qualified immunity defense had been pled by Zezulka, qualified immunity is not available in this case because Zezulka was not performing a discretionary act.

Giddings v. Joseph Coleman Center

473 F. Supp. 2d 617 · District Court, E.D. Pennsylvania · Feb 7, 2007

If a constitutional violation is found, the second inquiry of qualified immunity is whether the right allegedly violated was clearly established enough that it “would be clear to a reasonable [state official] that his conduct … Clear to a Reasonable Officer The second prong of the Saucier qualified immunity test asks whether the constitutional right violated was clearly established enough at the time of the violation that it “would be clear to a

Malik Muntaqim, Adc No. 088633 v. James Gibson, Warden, Varner Unit, Arkansas Division of Correction

2024 Ark. App. 456 · Court of Appeals of Arkansas · Sep 25, 2024

in their individual are entitled to qualified immunity. … Under this analysis, a state official is entitled to qualified immunity unless the plaintiff has alleged facts that demonstrate (1) the deprivation of an actual constitutional right and (2) that the right was clearly established

Longoria v. State of Texas

473 F.3d 586 · Court of Appeals for the Fifth Circuit · Dec 21, 2006

DISCUSSION Government officials performing discretionary functions are entitled to qualified immunity from civil liability to the extent that “their conduct does not violate clearly established statutory or … Officer Glass’s conduct thus did not violate clearly established law at the time of the attack and entitled her to qualified immunity. C.

Ealum v. Schirard

46 F. App'x 587 · Court of Appeals for the Tenth Circuit · Jul 30, 2002

At the summary judgment stage, if the record, taken in the light most favorable to plaintiff, clearly demonstrates the violation of a clearly established right, qualified immunity is not available. … . § 242 , like “clearly established” requirement in qualified immunity analysis, is not dependent upon “fundamentally similar” prior case law).

Wood v. Sunn

865 F.2d 982 · Court of Appeals for the Ninth Circuit · Jul 27, 1988

The Supreme Court decided an entirely different issue in this case: precisely what must be “clearly established” for a law enforcement officer to be entitled to summary judgment on the issue of qualified immunity in the context … of a warrant-less search. 4 The Supreme Court held that qualified immunity is available if a reasonable police officer could have believed that the search was justified, in light of clearly established law and the information

Cummins v. Campbell

44 F.3d 847 · Court of Appeals for the Tenth Circuit · Dec 28, 1994

We hold that the Regents were entitled to qualified immunity because the constitutional law they allegedly violated was not clearly established at the time they briefly suspended authority to show the film. … However, the district court agreed with Appellees that the law Appellees allegedly violated was not clearly established and granted them summary judgment based on qualified immunity. A.

Francisco Entila Et Al., Appellants, v. Gerald Cook Et Al., Respondents

190 Wash. App. 477 · Court of Appeals of Washington · Oct 5, 2015

Given the legislative policy favoring third-party actions, one would expect any expansion of immunity to be clearly stated. Entila relies on Olson v. … To establish immunity, Cook must show that he was doing work for Boeing at the time of the accident.

Estate of Walter v. Corr. Healthcare Cos.

323 F. Supp. 3d 1199 · District Court, D. Colorado · May 29, 2018

Traditional Liability & Qualified Immunity The Command Staff Defendants claim they are entitled to qualified immunity because, they say, no clearly established law put them on notice of their duty to do more than they did … "Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established

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.

Knisley v. PIKE CTY. JOINT VOCATIONAL SCHOOL DIST.

604 F.3d 977 · Court of Appeals for the Sixth Circuit · May 14, 2010

The defendants may still be entitled to qualified immunity if their actions did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Our Circuit’s clearly established case law on this issue put the school and its employees on notice that this search was unconstitutional, so defendants are not entitled to qualified immunity protection.

Mckinney v. Duplain

463 F.3d 679 · Court of Appeals for the Seventh Circuit · Sep 12, 2006

, the issue whether the federal right allegedly infringed was clearly established . . . ." … claims for which he asserted qualified immunity."

Nicholas v. Attorney General

584 Utah Adv. Rep. 13 · Utah Supreme Court · Aug 14, 2007

Because the provision is not clearly directed at remedying past gender discrimination, Hibbs does not apply. … Because neither the death of a daughter-in-law nor the assistance of a healthy adult child qualifies for family-care leave, Ms. Nicholas could only qualify for leave under the self-care provision of the FMLA. .

Sweaney v. Ada County

119 F.3d 1385 · Court of Appeals for the Ninth Circuit · Jul 15, 1997

The doctrine of qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … We held that the social workers’ conduct was shielded by qualified immunity. Id. at 334 .

Whitaker v. Pima County

640 F. Supp. 2d 1095 · District Court, D. Arizona · Feb 17, 2009

Petropoulos is entitled to qualified immunity. Analysis of Qualified Immunity as to Maldonado Plaintiff does not dispute that Whitaker accelerated through the lot and hit Maldonado’s vehicle. … Maldonado is entitled to qualified immunity.

Laura Ann Juriss v. Paul McGowan and Russell Stanfield, Jointly and Severally

957 F.2d 345 · Court of Appeals for the Seventh Circuit · Feb 24, 1992

In evaluating this argument, we examine whether the right McGowan allegedly violated was “clearly established in a particularized sense.” Cleveland-Perdue v. … We therefore reject his first argument for qualified immunity.

Krug v. Lutz

329 F.3d 692 · Court of Appeals for the Ninth Circuit · May 14, 2003

Qualified Immunity 16 Krug, for his part, challenges the district court's conclusion that the ADOC officials are entitled to qualified immunity from his claim for damages. … We therefore move on: 17 [T]he next, sequential step is to ask whether the right was clearly established.

Charles H. Wilson Geraldine E. Wilson Raquel Wilson, Next Friend/mother of Valencia Snowden, a Minor v. Harry Layne, Deputy, United States Marshal, Supervisor for the Washington Area, Operation Gunsmoke Joseph L. Perkins James A. Olivo, and Raymond M. Kight, Sheriff, Montgomery County, Maryland John Doe, Unknown Sheriff's Deputies John Doe, Unknown U.S. Marshals United States of America Eric E. Runion Mark A. Collins Brian E. Roynestad, Charles H. Wilson Geraldine E. Wilson Raquel Wilson, Next Friend/mother of Valencia Snowden, a Minor v. Mark A. Collins Eric E. Runion Brian E. Roynestad, and Raymond M. Kight, Sheriff, Montgomery County, Maryland John Doe, Unknown Sheriff's Deputies Harry Layne, Deputy, United States Marshal, Supervisor for the Washington Area, Operation Gunsmoke John Doe, Unknown U.S. Marshals United States of America Joseph L. Perkins James A. Olivo

141 F.3d 111 · Court of Appeals for the Fourth Circuit · Apr 8, 1998

Furthermore, the district court refused to accept the officers' alternative argument that, at a minimum, they were entitled to qualified immunity because in April 1992, the law was not clearly established that permitting … Talladega City Bd. of Educ., 115 F.3d 821 , 826 n. 4 (11th Cir.1997) (en banc) (explaining that "the law can be 'clearly established' for qualified immunity purposes only by decisions of the U.S.

Timothy Daryl Atkins v. John Gibson Lanning, Kenneth D. Fouts and Randall Craig Ruark

556 F.2d 485 · Court of Appeals for the Tenth Circuit · Jun 8, 1977

Hence the arresting officer is entitled to the qualified immunity defense of a good faith belief that his behavior was proper. See Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); Pierson v. … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.