Case law

Mann v. Palmerton Area School District

189 F. Supp. 3d 467 · District Court, M.D. Pennsylvania · Jun 2, 2016

Qualified Immunity Defendants argue that even if Plaintiffs can establish their state-created danger claim, Coach Walkowiak is entitled to qualified immunity. … In analyzing whether the coach was entitled to qualified immunity, the Third Circuit explained that although district court opinions “may be relevant to the determination of when a right was clearly established for qualified

Habiger v. City of Fargo

905 F. Supp. 709 · District Court, D. North Dakota · Jan 23, 1995

“Qualified immunity protects a government official *717 from suit if, at the time of the challenged acts, it was not clearly established that those actions would violate clearly established law of which a reasonable person … For purposes of qualified immunity, a right is clearly established if a reasonable official would understand that his or her conduct violates that particular right because the contours of the right are sufficiently clear.

Ex Parte Turner

840 So. 2d 132 · Supreme Court of Alabama · Jun 21, 2002

and qualified immunity. … Turner's affidavit provides uncontroverted sworn statements that sufficiently establish qualified immunity from the § 1983 action.

Winfield v. G.L. Bass

106 F.3d 525 · Court of Appeals for the Fourth Circuit · Jan 31, 1997

Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their conduct does not violate clearly established statutory or constitutional … No clearly established law having been violated, the prison officials were entitled to qualified immunity. 5 IV.

Ex parte Ingram

229 So. 3d 220 · Supreme Court of Alabama · Feb 24, 2017

The same result is reached in federal qualified-immunity analysis by the requirement that the right the defendant is alleged to have violated must be “clearly established,” by which the federal cases mean not only that the … Saucier further instructs that ‘[i]f the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.’ Id. (emphasis added).”

Scott Hanson v. William Shubert

968 F.3d 1014 · Court of Appeals for the Ninth Circuit · Aug 4, 2020

SHUBERT 5 in part found that Shubert and Gonzalez could not be accorded qualified immunity as a matter of law, as genuine factual disputes remained as to whether they violated Hanson’s clearly … established rights.

Losch v. Borough of Parkesburg

736 F.2d 903 · Court of Appeals for the Third Circuit · Jun 14, 1984

Qualified immunity protects a defendant who failed to observe a right or a legal standard that was not clearly established when the defendant acted. Thus, the Court held in Procunier v. … On the other hand, as the Harlow Court concluded, “[i]f the law was clearly established, the immunity defense ordinarily should fail,” unless the defendant “claims extraordinary circumstances and can prove that he neither

Van Deelen v. Shawnee Mission Unified School District 512

316 F. Supp. 2d 1052 · District Court, D. Kansas · Feb 18, 2004

Qualified Immunity Under certain circumstances, the affirmative defense of qualified immunity shields public officials from individual liability in actions brought under 42 U.S.C. § 1983 . Harlow v. … At the very least, the law was not clearly established that plaintiffs conduct was constitutionally protected, thus entitling defendants Krawitz and Burgat to qualified immunity on this basis as well.

Burge v. Parish of St. Tammany

187 F.3d 452 · Court of Appeals for the Fifth Circuit · Aug 25, 1999

not violate any clearly established constitutional guarantees; (4) the Sheriff defendants were entitled to discretionary function immunity under La. … Orders denying qualified immunity are based on an issue of law when: (1) they decide whether the legal right allegedly violated by the official was clearly established at the time of the challenged action; or (2) in cases

Wilson v. City Of Des Moines

293 F.3d 447 · Court of Appeals for the Eighth Circuit · Jun 7, 2002

If the court determines that a constitutional right was violated, then the Court stated that the next question that should be considered is "whether the right was clearly established." Id. 9 Graham v. … The Court analyzed the applicability of qualified immunity by using the two-part inquiry established in Saucier.

Shiyan Jiang v. Tex. Comm'n on Envtl. Quality

321 F. Supp. 3d 738 · District Court, W.D. Texas · Aug 13, 2018

Public officials are entitled to qualified immunity when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … "The second prong of the qualified-immunity analysis asks whether the right in question was 'clearly established' at the time of the violation." Id. at 1866 (quoting Hope v.

Wilber v. Curtis

872 F.3d 15 · Court of Appeals for the First Circuit · Sep 20, 2017

Gikas, 861 F.3d 296, 302 (1st Cir. 2017), but also "whether the right was 'clearly established' at the time of" the challenged governmental conduct, id. at 303. … And, a government official, in consequence of qualified immunity, may not be held liable under § 1983 unless the official is found to have violated a federal law right that is clearly established. Id.

William Hurt v. Matthew Wise

880 F.3d 831 · Court of Appeals for the Seventh Circuit · Jan 23, 2018

of  clearly  established  law.  … Even if, in hindsight, it appears that probable cause  was lacking, qualified immunity is still available if the arrest‐ ing officers “reasonabl[y] … could have believed the arrest to  be  lawful,  in  light  of  clearly 

Brian Grady v. El Paso Community College, Linda Luehrs

979 F.2d 1111 · Court of Appeals for the Fifth Circuit · Dec 30, 1992

An official is entitled to qualified immunity unless her conduct violated clearly established federal rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … The First Amendment protections of state employees who speak on matters of public concern are clearly established. See e.g. Mt. Healthy City School Dist. Bd. of Educ. v.

State v. Copple

224 Neb. 672 · Nebraska Supreme Court · Feb 13, 1987

A statute is presumed to be constitutional and unconstitutionality must be clearly established before this court is authorized to declare it void. State v. Neal, 187 Neb. 413, 416 , 191 N.W.2d 458, 460 (1971). … A trial court’s finding that a prima facie case has been established concerning existence of a conspiracy will be upheld unless such finding is clearly erroneous. Cf. United States v.

Dearden v. City of Detroit

403 Mich. 257 · Michigan Supreme Court · Aug 30, 1978

The Court reached this conclusion after noting the statutory power of the commission to regulate all public utilities was qualified by the phrase, "except as otherwise restricted by law”. … .; MSA 28.2271, et seq., the Legislature intended to grant the Department of Corrections immunity from local zoning ordinances when establishing state penal institutions.

Ryncarz v. Eikenberry

824 F. Supp. 1493 · District Court, E.D. Washington · Jun 25, 1993

Qualified Immunity “[Gjovernment officials performing discretionary functions! … Accordingly, defendants Bailey and Robertson are entitled to qualified immunity from damages.

McDuffie v. Roscoe

679 So. 2d 641 · Supreme Court of Alabama · Apr 19, 1996

This defendant's function clearly required due care rather than difficult decision making. On the other hand, we accepted the claim of immunity in Gill v. … "The duty to inspect the roads is an affirmative duty but one that also involves a type of discretion giving rise to qualified immunity.

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

Gerhart v. Lake County, Mont.

637 F.3d 1013 · Court of Appeals for the Ninth Circuit · Mar 18, 2011

Qualified Immunity for the Individual Defendants [19] Qualified immunity shields the individual Commis- sioners from liability “insofar as their conduct d[id] not vio- late clearly established statutory or constitutional … We conclude that the right was clearly established, and conclude that the individual Commis- sioners are not entitled to summary judgment on the ground of qualified immunity.