Case law

Szuch v. FirstEnergy Nuclear Operating Co.

2016 Ohio 620 · Ohio Court of Appeals · Feb 19, 2016

Nuisance may be further divided into “absolute” and “qualified.” … . {¶ 54} Alternatively, appellants argue that the operation of the range above the noise regulations is evidence of negligence sufficient to establish a qualified nuisance.

Jiménez-González v. Alvarez-Rubio

683 F. Supp. 2d 177 · District Court, D. Puerto Rico · Feb 8, 2010

The qualified immunity doctrine shields public officials from civil suits as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The second “clearly established” step of the qualified immunity analysis has two aspects. Id. One aspect focuses on “the clarity of the law at the time of the alleged civil rights violation.” Id.

Thomas v. Devries

834 F. Supp. 398 · District Court, M.D. Georgia · Oct 19, 1993

Suits against state employees in their individual capacities may be subject to qualified or good faith immunity, and such defendants are shielded from liability insofar as their conduct does not violate “ ‘clearly established … Busby also preserves qualified immunity when there is no violation of a clearly defined property interests associated with substantive due process, and in the present ease there is no clearly defined property interest that

Richard v. Perkins

373 F. Supp. 2d 1211 · District Court, D. Kansas · Jun 13, 2005

Qualified immunity provides government officials immunity from suit as well as from liability for their discretionary acts. See Mitchell v. … the *1217 non-renewal of his scholarship was not clearly established.

Zuchel v. Spinharney

890 F.2d 273 · Court of Appeals for the Tenth Circuit · Nov 27, 1989

Runner, 854 F.2d 374 (10th Cir.1988): 8 Qualified immunity is an affirmative defense that protects government officials from personal liability unless their actions violate clearly established law of which a reasonable person … Id. 12 Officer Spinharney concedes that Zuchel's right to be free from excessive force is a clearly established right. Opening Brief of Appellant at 24.

Tungwarara v. United States

400 F. Supp. 2d 1213 · District Court, N.D. California · Oct 13, 2005

The defense 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 … On the uncontested facts of the search here, however, Ludwigs is entitled to qualified immunity. C. Plaintiffs Fifth Amendment Right To Equal Protection Was Not Clearly Established In 2002.

Shirley Mello Rodriques v. Joseph Furtado

950 F.2d 805 · Court of Appeals for the First Circuit · Dec 5, 1991

Qualified Immunity We turn next to appellee Furtado’s defense of qualified immunity. … In assessing the Supreme Court’s rulings regarding qualified immunity in Harlow and Anderson, see note 3 supra, this court has established the applicable standard of qualified immunity for police officers conducting arrests

Magro v. City of Vineland

148 N.J. Super. 34 · New Jersey Superior Court Appellate Division · Mar 9, 1977

The undisputed facts establish that the nature of the lands herein as rural, undeveloped and unimproved, and the use thereof by plaintiff for swimming qualify to bring into play the immunity granted by the statute, as construed … The statute grants immunity to a landowner under the facts herein — an immunity equally available to a public entity and a private individual or corporation. Affirmed.

Riley v. City of Montgomery, AL

104 F.3d 1247 · Court of Appeals for the Eleventh Circuit · Jan 30, 1997

Accordingly, Wooten is entitled to no immunity for such claims. … The Grant of Summary Judgment to City Defendants Though the district court's opinion largely speaks in terms of qualified immunity, the district court did conclude, in its summary judgment order, that no constitutional

Way v. Shawnee Township

192 F. Supp. 3d 867 · District Court, N.D. Ohio · Jun 20, 2016

Qualified Immunity Finally, defendants argue Truesdale is entitled to qualified immunity. *881 Qualified immunity is not a defense to liability. Mitchell v. … was “clearly established” when he or she did so.

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.

Dowling v. Hannigan

995 F. Supp. 1188 · District Court, D. Kansas · Jan 30, 1998

Defendant asserts that he is also protected by the doctrine of qualified immunity. Qualified immunity shields defendant from pecuniary lability unless he violated “clearly established” constitutional or statutory norms. … Summary judgment on the question of qualified immunity is therefore inappropriate. IT IS THEREFORE ORDERED that Defendant Lt.

Idom v. Natchez-Adams School District

115 F. Supp. 3d 792 · District Court, S.D. Mississippi · Jul 14, 2015

In assessing a claim of qualified immunity, courts apply the two pronged analysis established in Saucier v. … Turning to Hill and Smith, both have raised the defense of qualified immunity. To overcome this defense, Idom must allege that a clearly established constitutional right was violated.

Wesbrock v. Ledford

District Court, D. Arizona · Jun 3, 2020

Qualified Immunity 17 Finally, the Glendale Defendants argue they are entitled to qualified immunity … In that scenario, the Glendale Defendants would be entitled to 4 qualified immunity. Reed v.

Paul Knox v. Kenneth L. McGinnis and Thomas Roth

998 F.2d 1405 · Court of Appeals for the Seventh Circuit · Jul 20, 1993

According to Knox, the qualified immunity defense “is available to protect defendant[s] only as far as case law establishes that th[e] use is constitutional. Beyond these limits, qualified immunity does not apply.” … Knox misunderstands the .qualified immunity doctrine. The question is not whether the conduct is clearly constitutional, but whether it is clearly unconstitutional.

Levine v. Roebuck

550 F.3d 684 · Court of Appeals for the Eighth Circuit · Dec 4, 2008

The court then granted Youngs qualified immunity because “the law of the Eighth Circuit was not clearly established at the time of [her] actions.” In Saucier v. … But that proposition was not clearly established by those cases, or by any other.

Cannon v. City and County of Denver

998 F.2d 867 · Court of Appeals for the Tenth Circuit · Jul 12, 1993

The court found that the officers did not act in violation of clearly established law. It therefore concluded that the officers were entitled to qualified immunity. … established rights as to be entitled to a qualified immunity defense.

Oona, R.-S.-, a Minor, by Kate S., Her Guardian, Kate S. And Ken R. v. Patricia McCaffrey Gerald Hill Ronald Lundy

122 F.3d 1207 · Court of Appeals for the Ninth Circuit · Aug 25, 1997

A school counselor appealed from an order denying him qualified immunity on the ground that his alleged conduct in failing to take steps to stop sexual harassment violated clearly established rights under Title IX. … We hold only that the duty to take reasonable steps is clearly established. For the foregoing reasons, we AFFIRM the District Court’s order denying qualified immunity to the defendants.

Onofre T. Serrano v. S.W. Francis

345 F.3d 1071 · Court of Appeals for the Ninth Circuit · Sep 26, 2003

Government officials who perform discretionary functions generally are entitled to qualified immunity from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional … Accordingly, we now move to our analysis of qualified immunity. 3.

El Bey v. Roop

530 F.3d 407 · Court of Appeals for the Sixth Circuit · Jul 1, 2008

Qualified immunity protects government officials from liability for civil damages stemming from their performance of discretionary functions so long as “their conduct does not violate clearly established statutory or constitutional … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”