Case law

Ramos v. Hillsborough County

District Court, D. New Hampshire · Mar 21, 1997

if the challenged “‘conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … defendants are entitled to qualified immunity.

Monteria Najuda Robinson v. William Sauls

46 F.4th 1332 · Court of Appeals for the Eleventh Circuit · Aug 30, 2022

To receive qualified immunity, an official “must establish that he or she acted within the scope of discretionary authority when the allegedly wrongful acts occurred.” Hardigree v. … Robinson’s clearly established rights. A right is clearly established when it is “suffi- ciently clear that every reasonable official would have understood that what he is doing violates that right.” Mullenix v.

Regalado v. City of Chicago

40 F. Supp. 2d 1009 · District Court, N.D. Illinois · Apr 2, 1999

Finally, Officers contend that they are entitled to qualified immunity because they did not violate any clearly established right possessed by Regalado. … To overcome the defense of qualified immunity, Regalado must show that the officials violated “clearly established statutory or constitutional rights of which a reasonable person would have known” (Harlow v.

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.

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.

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.

Anaya v. Crossroads Managed Care Systems, Inc.

195 F.3d 584 · Court of Appeals for the Tenth Circuit · Nov 2, 1999

Defendants in their individual capacities: Qualified Immunity To survive the summary judgment motion of the defendants in their individual capacities, the plaintiffs must establish that the law violated was clearly … Defendants in their individual capacities: Qualified Immunity To survive the summary judgment motion of the defendants in their individual capacities, the plaintiffs must establish that the law violated was clearly

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.

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.

Levin v. Childers

101 F.3d 44 · Court of Appeals for the Sixth Circuit · Nov 20, 1996

Qualified immunity protects government officials against suit for the performance of discretionary functions so long as the conduct in question “‘does not violate clearly established statutory or constitutional rights of … immunity because the facts pleaded would not show that his conduct violated clearly established law of which a reasonable person should have known at the time.”

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.

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.

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

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.”