Case law

Mahon v. City of Largo, Fla.

829 F. Supp. 377 · District Court, M.D. Florida · Jul 26, 1993

QUALIFIED IMMUNITY “A government official performing a discretionary function is entitled to qualified immunity from personal liability when the acts complained of violate no clearly established law of which the reasonable … The burden to establish the affirmative defense of qualified immunity rests with the defendant claiming immunity.

Carolyn Comstock v. Norris McCrary v. S. Thyagarajan and David Howell

273 F.3d 693 · Court of Appeals for the Sixth Circuit · Dec 12, 2001

of this appeal, “ ‘show[ ] a violation of clearly established law,’ not on ‘which facts the parties may be able to prove,’ the district court’s denial of qualified immunity is a ‘final order’ under 28 U.S.C. § 1291 , and … Qualified Immunity In civil suits for money damages, government officials acting in their official capacity are entitled to qualified immunity for discretionary acts which do not violate clearly established law of which a

Murphy v. Hughson

82 F.4th 177 · Court of Appeals for the Second Circuit · Sep 21, 2023

Each defendant bears the burden of establishing that he is entitled to qualified immunity. See Vincent v. Yelich, 718 F.3d 157, 166 (2d Cir. 2013). … the defense of qualified immunity.").

Pray v. City of Sandusky

49 F.3d 1154 · Court of Appeals for the Sixth Circuit · Mar 21, 1995

In other words, qualified immunity is appropriate either on the basis that the right allegedly violated was not at the time "clearly established," or if "clearly established," was one that a "reasonable" person in the defendant's … violate clearly established rights."

Simmons v. Skelonc

District Court, District of Columbia · Jul 29, 2021

conduct was ‘clearly established at the time.’” … Because Plaintiff has failed to “allege sufficient facts to establish that [Officer Skelonc] is not entitled to qualified immunity,” Patterson, 999 F.

Grignano v. City of Milford

106 Conn. App. 648 · Connecticut Appellate Court · Apr 1, 2008

Because the parties in the present matter assume that the immunity provided by § 52-557n (a) (2) (B) is identical to a municipal employee’s qualified immunity for discretionary acts at common law, we also assume, without … Under the common law, “a municipal employee is liable for the misperformance of ministerial acts, but has a qualified immunity in the performance of governmental acts. . . .

Mills v. City of Bogalusa

112 F. Supp. 3d 512 · District Court, E.D. Louisiana · Jun 29, 2015

Qualified Immunity Defendants also assert that they are entitled to qualified immunity. Rec. Doc. 13-1 at 10. … The qualified immunity defense shields “a government official from civil liability for damages based upon the performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly

Chilicky v. Schweiker

796 F.2d 1131 · Court of Appeals for the Ninth Circuit · Aug 12, 1986

With qualified immunity, federal officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate “clearly established” statutory or constitutional … determine whether the law is clearly established.

Henry Sampson v. John T. King, Secretary of Louisiana Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary

693 F.2d 566 · Court of Appeals for the Fifth Circuit · Dec 14, 1982

In their answer, the Secretary and the Warden specifically pled qualified immunity from liability for money damages. … The record clearly establishes that the officials were immune from liability for money damages in this case. We therefore reverse and dismiss Sampson’s damage claim against the prison officials.

Wernecke v. Garcia

452 F. App'x 479 · Court of Appeals for the Fifth Circuit · Nov 7, 2011

Qualified immunity shields from civil liability government officials performing discretionary functions “insofar as them conduct does not violate clearly established statutory or constitutional rights of which a reasonable … that right was clearly established.

Zellner v. Summerlin

399 F. Supp. 2d 154 · District Court, E.D. New York · Sep 6, 2005

Qualified immunity “shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … qualified immunity, the Court must consider whether the officers “reasonably should have comprehended that their specific actions transgressed that ‘clearly established’ right.”

Gorman v. Roberts

909 F. Supp. 1493 · District Court, M.D. Alabama · Oct 18, 1995

Qualified Immunity Defendant Hunt further asserts that he is entitled to qualified immunity in this action, because he did not violate any clearly established constitutional right of which a reasonable public official knew … Qualified immunity protects government officials performing discretionary functions from civil liability if their conduct violates no clearly established statutory or constitutional rights. Courson v.

Munn-Goins v. Board of Trustees of Bladen Community College

658 F. Supp. 2d 713 · District Court, E.D. North Carolina · Sep 17, 2009

Page contend that qualified immunity bars plaintiffs section 1983 claim for money damages. … , 119 S.Ct. 1692 . *725 In most cases, the qualified immunity analysis does not require factual findings, because the inquiry is a “purely legal one: whether the facts alleged ... support a claim of violation of clearly

Frazier v. Williams

District Court, District of Columbia · Jun 2, 2009

Ct. 808, 815 (2009), the Supreme Court gave the following succinct overview of the qualified immunity doctrine: The doctrine of qualified immunity protects government officials “from liability … established” at the time of the violation. 3 It is hard to understand why the Defendants waited until two years after this lawsuit was filed to raise the issue of qualified immunity.

Tidwell v. City & County of Denver

62 P.3d 1020 · Colorado Court of Appeals · Jun 2, 2002

vehicle operator or the governmental entity qualifies for immunity. … Therefore, he was not required to use his lights and sirens to qualify for immunity under the GIA.

Holder v. Town of Newton, et al.

2010 DNH 019 · District Court, D. New Hampshire · Feb 3, 2010

But because the law is not clearly established on that point, the officers are entitled to qualified immunity. This court therefore grants summary judgment on all claims. A. … to qualified immunity.”

Camfield v. City of Oklahoma City

248 F.3d 1214 · Court of Appeals for the Tenth Circuit · May 4, 2001

Kansas Bd. of Regents, 159 F.3d 504, 530 (10th Cir. 1998) (qualified immunity is proper when plaintiff fails to cite any case law which demonstrates the violation of a clearly established constitutional right). … See Albright, 51 F.3d at 1535 (“a defendant is entitled to qualified immunity if the plaintiff fails to show that the 28 law was clearly established”).

Molina-Gomes v. Welinski

676 F.3d 1149 · Court of Appeals for the Eighth Circuit · Apr 30, 2012

Qualified immunity protects government officials from liability under § 1983 unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Hope v. … The test for whether an officer is entitled to qualified immunity depends on: (1) whether the facts alleged by the plaintiff make out a violation of a constitutional right, and (2) whether that right was clearly established

Bapat v. Connecticut Department of Health Services

815 F. Supp. 525 · District Court, D. Connecticut · Dec 29, 1992

Even where the contours of the plaintiffs federal rights are clearly established at the time of the defendant’s acts, “the defendant may enjoy qualified immunity if it was objectively reasonable for him to believe that his … immunity is whether the right alleged to have been violated was “clearly established.”

O'Connor v. Donovan

Vermont Superior Court · Dec 13, 2010

“[I]f the official’s conduct does not violate clearly-established [law] of which a reasonable person would have known, the official is protected by qualified immunity from tort liability.” Id. … O’Connor points to no clearly established law that such conduct would violate.