Case law

Thornton v. City of Rapid City

692 N.W.2d 525 · South Dakota Supreme Court · Jan 26, 2005

Therefore, we reach the second prong of the qualified immunity inquiry, which deals directly with the defense of qualified immunity and “requires courts ‘to ask whether the [constitutional] right was clearly established.’ … Thus, if the constitutional prohibition to the force used by the officer was not clearly established, qualified immunity applies to the officer’s actions. [¶ 16.]

Jordan v. Cosey

434 So. 2d 386 · Supreme Court of Louisiana · Jun 27, 1983

V, § 5 provides for a right of direct appeal to this Court from a judgment declaring a statute unconstitutional. [2] La.C.C. art. 1493 established the forced portion at one-third for one child, one-half for two children and

Region VII, Mental Health-Mental Retardation Center v. Isaac

523 So. 2d 1013 · Mississippi Supreme Court · Apr 13, 1988

suit as well as the qualified immunity owing to the public officials employed therein. [1] The seminal decision of Pruett v. … Chawla, was protected from liability by the doctrine of sovereign immunity or by the qualified immunity given to public officials acting in a discretionary capacity within the scope of their duties. Dr.

Wyno v. Lowndes Cnty.

824 S.E.2d 297 · Supreme Court of Georgia · Feb 18, 2019

As a result, there has developed what has become known as qualified immunity or official immunity for public officials and employees. … means of varying that immunity by legislative act.

Ambus v. Utah State Board of Education

220 Utah Adv. Rep. 12 · Utah Supreme Court · Aug 24, 1993

were entitled to qualified immunity under § 1983. … Because it is an affirmative defense, the issue of qualified immunity arises after the plaintiff establishes a prima facie case under § 1983. Harlow v.

Randall v. Fairmont City Police Department

186 W. Va. 336 · West Virginia Supreme Court · Dec 12, 1991

Guiding us in answering this question in the affirmative is the general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly provided for immunity … We believe that the legislature has not clearly provided for immunity regardless of the existence of a special relationship/special duty. Accordingly, this Court holds that W Va.

Russell Ex Rel. Jn v. Virg-In

258 P.3d 795 · Alaska Supreme Court · Jul 22, 2011

Qualified Immunity And Claims Of Excessive Force Qualified immunity shields public officials from civil liability "insofar as their conduct does not violate clearly established statutory or constitutional rights of which … immunity because she did not violate clearly established federal law does not protect the municipality from liability....

Parker v. State

337 Md. 271 · Court of Appeals of Maryland · Feb 7, 1995

In particular, the Court has distinguished between the qualified and narrower immunity for discretionary acts generally accorded to public officials, and absolute judicial immunity, which, unlike qualified immunity, applies … Mele, 267 Md. 437, 444 , 298 A.2d 156, 161 (1972) (contrasting the absolute immunity of judges with the qualified immunity of law enforcement officers); Eliason v.

Chamberlain v. Mathis

151 Ariz. 551 · Arizona Supreme Court · Nov 24, 1986

Because the decisions just cited establish that government executive employees are presumptively entitled to some immunity, our analysis is limited to a comparison of qualified and absolute immunity. … Qualified immunity protects government officials from liability for acts within the scope of their public duties unless the official knew or should have known that he was acting in violation of established law or acted in

Yanero v. Davis

65 S.W.3d 510 · Kentucky Supreme Court · Nov 21, 2001

Thus, in the context of qualified official immunity, “bad faith” can be predicated on a violation of a constitutional, statutory, or other clearly established right which a person in the public employee’s position presumptively … a rule, the KHSAA acted in bad faith, i.e., violated a constitutional, statutory, or other clearly established right, or acted with a willful or malicious intent to cause harm, or with a corrupt motive.

Schneider v. Simonini

163 N.J. 336 · Supreme Court of New Jersey · Mar 6, 2000

L.Rev. 1045, 1045 n. 1 (1990) (Brands, Qualified Immunity). One of the elements of qualified immunity, originally established in Wood v. … The standard for qualified immunity established in Harlow is whether an executive official, such as a police officer, violated “clearly established statutory or constitutional rights of which a reasonable person would have

Webb v. Haas

728 A.2d 1261 · Supreme Judicial Court of Maine · May 13, 1999

Qualified immunity shields government officials from civil liability under section 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Whether a right was clearly established at the time of the alleged violation is a question of law.

Florida Highway Patrol, etc. v. Lashonta Renea Jackson, etc.

Supreme Court of Florida · Jan 23, 2020

We also agree with FHP that, precisely because sovereign immunity includes immunity from suit, entitlement to sovereign immunity should be established as early in the litigation as possible. … where a legal duty has been established.

Oldfield v. Benavidez

116 N.M. 785 · New Mexico Supreme Court · Jan 12, 1994

Defendants moved for summary judgment on grounds of qualified immunity arguing there was no clearly established right to familial integrity. … The test for qualified immunity is two pronged and requires us to determine: (1) whether at the time of the alleged conduct there was a clearly established constitutional right that was violated, and (2) whether a reasonable

Wyno v. Lowndes County

305 Ga. 523 · Supreme Court of Georgia · Feb 18, 2019

As a result, there has developed what has become known as qualified immunity or official immunity for public officials and employees. … a means of varying that immunity by legislative act.

Doe Ex Rel. Doe v. State

200 Ariz. 174 · Arizona Supreme Court · May 30, 2001

The processing of a particular application in accordance with established procedures, however, does not involve the determination of fundamental governmental policy and therefore enjoys only qualified immunity under A.R.S … Second, section 12-820.02.5 accords qualified immunity to the issuance of any license “for which absolute immunity is not provided pursuant to § 12-820.01.”

West Virginia Regional Jail & Correctional Facility Authority v. A.B.

234 W. Va. 492 · West Virginia Supreme Court · Oct 31, 2014

Va.Code, 29-12A-1 et seq. is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … official’s personal, qualified immunity for discretionary judgments and functions which are neither in violation of a “clearly established law” nor “fraudulent, malicious, or otherwise oppressive.”

Jenness v. Nickerson

637 A.2d 1152 · Supreme Judicial Court of Maine · Feb 15, 1994

The Officers here violated no clearly-established rights. … The Officers violated no “clearly established” rights.

Morales v. CITY OF OKL. CITY EX REL. OKL. CITY POLICE DEPT.

230 P.3d 869 · Supreme Court of Oklahoma · Feb 9, 2010

City of Oklahoma City, 21 in which we said, *876 “To construe § 155(4) as providing blanket immunity to political subdivisions for any claim arising from law enforcement would not conform to established precedent. … This much stands clearly recognized in the state’s criminal law.

Department of Educ. v. Roe

679 So. 2d 756 · Supreme Court of Florida · Jul 18, 1996

her motion for summary judgment based on the defense of qualified immunity. … DOE argues that the public policy that animates sovereign immunity is similar to the public policy that animates qualified immunity.