Case law

Amili v. City of Tukwila

31 F. Supp. 3d 1274 · District Court, W.D. Washington · Jul 10, 2014

The doctrine of qualified immunity, however, ■ protects government officers “performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory … See Torres, 648 F.3d at 1129 (test of whether right is clearly established cannot be so narrow that qualified immunity is transformed into absolute immunity).

Robertson v. Town of Farmerville

830 F. Supp. 2d 183 · District Court, W.D. Louisiana · Nov 17, 2011

Defendants argue that qualified immunity should be granted to these claims because the law was not clearly established and because Jackson did not knowingly violate such law. … Under qualified immunity, a state actor will be shielded from personal liability unless the right the actor violated was clearly established at the time of the violation. Harlow v.

Darius Gittens v. Superintendent Eugene S. Lefevre, Review Officer Lt. Kavanaugh, Correction Officer J. Gillen, Sergeant Goodrich

891 F.2d 38 · Court of Appeals for the Second Circuit · Nov 29, 1989

Qualified Immunity Gittens’ claim was properly dismissed on qualified immunity grounds. … Accordingly, defendants are entitled to qualified immunity as a matter of law.

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.

Triolo v. Nassau County

24 F.4th 98 · Court of Appeals for the Second Circuit · Jan 21, 2022

Zegarelli, 451 F.3d 140, 152-53 (2d Cir. 2006), where we held that the defendants were entitled to qualified immunity because the plaintiffs had not established an underlying violation of their equal protection rights. … from 5 the qualified immunity of its officers and employees.

Ramirez v. County of Los Angeles

397 F. Supp. 2d 1208 · District Court, C.D. California · Oct 25, 2005

Bravo now moves for summary judgment asserting qualified immunity, the doctrine that immunizes law enforcement officers from civil suits where their conduct did not violate a constitutional right that was clearly established … The Constitutional rights in dispute have been clearly established.

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.

Billado v. Parry

937 F. Supp. 337 · District Court, D. Vermont · Jul 18, 1996

The deputies do not dispute that the law governing their § 1983 duties was clearly established on March 21, 1992. … Sheriff Manosh claims that he cannot be held liable for the negligent actions of his deputies because they are protected by qualified immunity, and he is protected by official immunity.

Fitzgerald v. Patrick

927 F.2d 1037 · Court of Appeals for the Eighth Circuit · Mar 8, 1991

Fitzgerald argues that the district court erred in granting summary judgment in favor of the state officers because a dispute regarding a material fact exists as to whether the state officers violated clearly established … The district court held that under the clearly established law of Missouri the officers’ use of deadly force was reasonable under the circumstances.

Florida Country Clubs, Inc. v. Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.

98 F. Supp. 2d 1356 · District Court, M.D. Florida · May 23, 2000

provided qualified immunity from such a suit. … if so, proceed to determine whether that right was clearly established at the time of the alleged violation.”

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

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.

Cody v. Dane County

242 Wis. 2d 173 · Court of Appeals of Wisconsin · Jan 25, 2001

In this regard, Cody misapprehends the concept of qualified immunity in the § 1983 context. … The determinative legal question regarding qualified immunity is not whether Norwick reasonably believed his actions were lawful, but whether the law regarding Cody's rights was clearly established, such that "a reasonably

Kalimah v. CITY OF McKINNEY, TEX.

213 F. Supp. 2d 698 · District Court, E.D. Texas · Aug 2, 2002

The defense of qualified immunity, however, protects § 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … In considering the merits of a qualified immunity defense in excessive force cases, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established law, a reasonable

Elmore v. Van Horn

844 P.2d 1078 · Wyoming Supreme Court · Dec 31, 1992

Once a report has been made, the reporter has qualified immunity from a criminal or civil action. … Appellees are protected by statutory qualified immunity for reporting child abuse in good faith.

Bradley v. Village of Greenwood Lake

376 F. Supp. 2d 528 · District Court, S.D. New York · Jul 13, 2005

Qualified Immunity Qualified immunity shields a public official from civil liability when his conduct does not violate a clearly established statutory or constitutional right. … Whether an official is entitled to qualified immunity requires a two-part analysis.

Tracy Jefferson v. Terry Lewis

Court of Appeals for the Sixth Circuit · Feb 4, 2010

Qualified Immunity 1. … of qualified immunity.

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.

Van Wyhe v. Reisch

536 F. Supp. 2d 1110 · District Court, D. South Dakota · Feb 13, 2008

Serrell, 244 F.3d 628 , 632 (8th Cir.2001): Qualified immunity protects a governmental official from suit when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … .. whether that right was clearly established at the time of the alleged violation.”