Case law

Davila-Torres v. Feliciano-Torres

924 F. Supp. 2d 359 · District Court, D. Puerto Rico · Feb 20, 2013

to qualified immunity. … clearly enough to reject the qualified immunity defense of the defendants.” 204 F.3d 1, 6 (1st Cir.2000).

State v. Mason

724 P.2d 1289 · Supreme Court of Colorado · Sep 2, 1986

Although the Arizona Supreme Court granted parole board members only qualified immunity in Grimm v. … Qualified immunity, as contrasted with absolute immunity, would leave the parole board liable for conduct involving discretionary functions violating “clearly established statutory or *1293 constitutional rights of which

Salman v. Nevada Commission on Judicial Discipline

104 F. Supp. 2d 1262 · District Court, D. Nevada · Jul 5, 2000

Government officials who perform discretionary functions are entitled to qualified immunity only “only insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A Plaintiff bears the burden of proof regarding whether a right is clearly established. Id.

Stephens v. City of Akron

729 F. Supp. 2d 945 · District Court, N.D. Ohio · Jul 27, 2010

Clearly Established Inquiry The law clearly establishes that an officer may not use deadly force to seize an unarmed suspect. … on the issue of qualified immunity.

Mueller v. Rogers

Court of Appeals for the Ninth Circuit · Aug 10, 2009

The legal issues involved in that appeal- whether Aguilar violated clearly established consti- tutional protections — are identical to those govern- ing the question of Aguilar’s qualified immunity. … I therefore concur only in the majority’s conclusion that Detective Rogers is entitled to qualified immunity from Eric’s procedural due process claims because there was no clearly established law guiding Detective Rogers’

George Hedges v. George Randy Poletis

177 F.3d 1071 · Court of Appeals for the Eighth Circuit · Jun 3, 1999

Officials are entitled to qualified immunity only to the extent that “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Due Process Claim Hedges had clearly established due process rights.

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.

Harris v. Evans

795 F. Supp. 1060 · District Court, D. Kansas · May 1, 1992

Individual Capacity Claims Public officials performing discretionary functions generally enjoy qualified immunity from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional … When a qualified immunity claim is raised in a motion for summary judgment, the relevant question is whether a reasonable official could have believed that his or her acts were lawful in light of clearly established law and

Scherer v. Davis

543 F. Supp. 4 · District Court, N.D. Florida · Jun 7, 1982

Qualified Immunity. As public officials, defendants Davis and Beach enjoy a qualified immunity which limits their liability for damages. Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974); Cruz v. … Plaintiff suggests that this court should adhere to a recent Fifth Circuit decision which held that officials were not entitled to qualified immunity when they violated clearly established state law. Wiliams v.

Kaltner v. Pebbles

628 F. Supp. 96 · District Court, E.D. Michigan · Jan 29, 1986

Before the court addresses substantive issues of § 1983 law, it must first decide whether the defendant may benefit from the doctrine of qualified immunity. Harlow v. … The rule of qualified immunity is that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Robinson v. Brown

987 F. Supp. 1470 · District Court, S.D. Florida · Nov 13, 1997

QUALIFIED IMMUNITY AND EXCESSIVE FORCE. (i). Qualified Immunity. 6. The Supreme Court has developed an objective-reasonableness test for evaluating actions involving a government official’s claim of qualified immunity. … of that clearly-established law.

Vent v. Johnson

303 S.W.3d 46 · Supreme Court of Arkansas · Feb 26, 2009

We disagree and hold that the qualified immunity afforded by section 21-9-301 must be asserted and proven as an affirmative defense. … In addition, in discussing the difference between absolute immunity and qualified immunity, this court has stated (in a somewhat different context) that, while absolute immunity “bars a suit at the outset,” qualified immunity

Poe v. Southeast Delco School District

165 F. Supp. 3d 271 · District Court, E.D. Pennsylvania · Dec 16, 2015

Qualified immunity shields government employees sued in their personal capacities from liability unless their conduct violates “clearly established statutory or constitutional rights ... which a reasonable person would have … Qualified immunity will protect Mosakowski if Plaintiffs have failed to allege she violated their constitutional rights or if Plaintiffs have alleged a violation of a right that was not clearly established at the time of

Manasco v. Rogers

337 F. App'x 145 · Court of Appeals for the Third Circuit · Jul 29, 2009

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … In assessing whether qualified immunity is warranted, the court must determine whether “the plaintiff has alleged a deprivation of a constitutional right,” and whether the right at issue was “clearly established” at the time

Bolmer v. Oliveira

594 F.3d 134 · Court of Appeals for the Second Circuit · Feb 8, 2010

Qualified Immunity 9 Government actors have qualified immunity to § 1983 claims 10 “‘insofar as their conduct does not violate clearly established 11 statutory or constitutional rights of which a reasonable … was 18 not clearly established at the time of Bolmer’s commitment.

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.

Xiques v. Knight

25 F. App'x 251 · Court of Appeals for the Sixth Circuit · Dec 5, 2001

We conclude that the defendant, a state prosecutor, is entitled to qualified immunity because her statements did not violate “clearly established” federal law, a requirement for recovering damages. Anderson v. … Creighton immunity may be overcome only by clearly established federal law, not state law.

Charles Brumitt v. Sam Smith

Court of Appeals for the Seventh Circuit · May 20, 2024

circumstances was ‘clearly established.’” … denying qualified immunity.

Anaya v. Crossroads Managed Care Systems, Inc.

973 F. Supp. 1228 · District Court, D. Colorado · Aug 28, 1997

Defendant Montoya has asserted that he is entitled to qualified immunity because plaintiffs have failed to show that he violated clearly established law. … Further, a defendant is entitled to qualified immunity *1245 if the plaintiff fails to show that the law was clearly established ...

Furnace v. Oklahoma Corp. Commission

51 F.3d 932 · Court of Appeals for the Tenth Circuit · Apr 6, 1995

clearly established when the violation occurred.” … Once the magistrate judge determined that the law was not clearly established, Johnson was entitled to summary judgment on the basis of qualified immunity.