Case law

The West Virginia State Police, Department of Military Affairs v. J.H., a Minor, by and through His Parent and Next Friend, L.D.

West Virginia Supreme Court · Mar 26, 2021

it violated a clearly established law or right in performing its discretionary functions. … Next, we must move forward in the qualified immunity analysis and determine whether J.H. has alleged that the acts of the Trooper Defendants were in violation of clearly established statutory or constitutional rights or

Jenkins v. Hale

6 So. 3d 452 · Supreme Court of Alabama · Oct 10, 2008

Therefore, whether Sheriff Hale is entitled to qualified immunity from Jenkins’s § 1983 claim turns on whether the “complaint ... allege[s] the violation of [that] clearly established constitutional right.” … On a motion to dismiss a § 1983 claim because of qualified immunity, this Court looks to the complaint to determine only whether the “ ‘ “complaint ... allege[s] the violation of a clearly established constitutional right

Swedlund v. Foster

657 N.W.2d 39 · South Dakota Supreme Court · Jan 15, 2003

Otherwise, the protection of qualified immunity is effectively lost if there must be a trial to establish that no trial is necessary. Saucier v. … The test articulated by this Court in Hart is similar: “To find whether qualified immunity applies, the test is to ask if the officer’s conduct violated clearly established statutory or constitutional rights a reasonable

Jackson v. State Ex Rel. Dept. of Corrs.

785 So. 2d 803 · Supreme Court of Louisiana · May 15, 2001

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. … If the court determines that the law was clearly established at the time the action occurred, the Harlow analysis requires the public official claiming immunity to show that, because of extraordinary circumstances, "he neither

Littles v. Commissioner of Correction

444 Mass. 871 · Massachusetts Supreme Judicial Court · Aug 12, 2005

The doctrine of qualified immunity generally shields public officials from liability for civil damages for the performance of discretionary functions, “insofar as their conduct does not violate clearly established statutory … if so, the inquiry shifts to whether the right was so clearly established *879 that it would be plain to a reasonable official that his conduct was unlawful.

Orozco v. Day

281 Mont. 341 · Montana Supreme Court · Mar 10, 1997

Qualified immunity shields government officials performing discretionary functions from civil damages "'insofar as their conduct does not violate clearly established statutory or … As discussed above, our threshold inquiry in addressing qualified immunity is whether the due process right arising from Orozco's liberty interest in good time credits was clearly established

Summerville v. City of Forest Park

128 Ohio St. 3d 221 · Ohio Supreme Court · Dec 27, 2010

Chapter 2744 or another provision of the law, including federal qualified immunity. … immunity if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Ex parte State Board of Education

219 So. 3d 604 · Supreme Court of Alabama · Sep 9, 2016

Richardson’s actions violated the respondents’ clearly established rights, rendering qualified immunity inappropriate. *616 In analyzing whether a right is clearly established, we must consider whether preexisting law at … The United States Court of Appeals for the Eleventh Circuit has stated that, within that circuit, “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

Pauley v. Anchorage School District

31 P.3d 1284 · Alaska Supreme Court · Oct 5, 2001

Where it is alleged that an official has violated a statute, qualified immunity may be overcome "if the officials have violated 'clearly established' law, unless the officials can prove that they non-negligently were not … In claims of excessive force brought against a police officer qualified immunity will be sustained if "a reasonable official could have believed the challenged conduct was lawful in light of clearly established law and the

Corum v. University of North Carolina

330 N.C. 761 · Supreme Court of North Carolina · Jan 31, 1992

After filing an answer containing defenses, which included sovereign immunity and qualified immunity, defendants moved for summary judgment. … This is because “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.”

People v. Mazur

497 Mich. 302 · Michigan Supreme Court · Jun 11, 2015

Section 4 of the MMMA concerns immunity. A qualifying patient who receives a registry identification card is entitled to immunity, provided that certain conditions are met. MCL 333.26424(a). … The trial court’s contrary finding that “there is no evidence that she provided [marihuana paraphernalia] to a registered qualifying patient or registered caregiver” is clearly erroneous because elsewhere in its opinion the

Bryant v. Pulaski County Detention Center

330 S.W.3d 461 · Kentucky Supreme Court · Feb 25, 2011

The trial court granted summary judgment based on sovereign immunity to the Detention Center, and to Brian Bishop based on qualified official immunity. … Those facts clearly establish that Bishop was not acting in good faith, either objectively or subjectively.

Martin v. Haas

556 S.W.3d 509 · Supreme Court of Arkansas · Oct 11, 2018

That case is clearly not on point. … elections in this State are legally qualified to vote in such elections" modifies the requirement of "establish[ing] a system of permanent personal registration."

Breault v. Chairman of the Board of Fire Commissioners

401 Mass. 26 · Massachusetts Supreme Judicial Court · Oct 13, 1987

established.” … Creighton, 483 U.S. 635, 641 (1987) (principle of qualified immunity allows defendant to seek summary judgment on ground that, on “clearly established principles [of law],” he could have reasonably believed his acts to be

Shoemaker v. Smith

353 Md. 143 · Court of Appeals of Maryland · Mar 10, 1999

'abstract issu[e] of law’ relating to qualified immunity ... … —typically, the issue whether the federal right allegedly infringed was 'clearly established. ..

Ex Parte Madison County Bd. of Education

1 So. 3d 980 · Supreme Court of Alabama · Jun 27, 2008

Foltz, 370 F.3d 1079 (11th Cir. 2004), the United States Court of Appeals for the Eleventh Circuit held that, to overcome qualified immunity, not only must the government official violate a clearly established statutory or … Foltz, 370 F.3d 1079 (11th Cir.2004), the United States Court of Appeals for the Eleventh Circuit held that, to overcome qualified immunity, not only must the government official violate a clearly established statutory or

The West Virginia State Police, Department of Military Affairs v. J.H., a Minor, by and through His Parent and Next Friend, L.D.

West Virginia Supreme Court · Mar 26, 2021

it violated a clearly established law or right in performing its discretionary functions. … Next, we must move forward in the qualified immunity analysis and determine whether J.H. has alleged that the acts of the Trooper Defendants were in violation of clearly established statutory or constitutional rights or

Jim Nahas v. Polk County, Iowa

Supreme Court of Iowa · Jun 9, 2023

The “clearly established” standard is thus inherently backward-looking. … Further, whether the law was clearly established is inextricably intertwined with the new qualified immunity defense and only relevant to this case to the extent the new qualified immunity defense is operative in this

W. Va. Regional Jail and Correctional Facility Authority v. A.B.

West Virginia Supreme Court · Mar 27, 2014

[the West Virginia Governmental Tort Claims and Insurance Reform Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which … 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

Ada Electric Cars, LLC v. Kemp

294 P.3d 448 · Supreme Court of Oklahoma · Dec 18, 2012

Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing: 1) that the official violated a statutory or constitutional right; and 2) that the right was "clearly established … advertising that its vehicles qualified. %8 Appellant has failed to demonstrate Appellees violated its clearly established right to freedom of speech in a manner that would enable Appellant to defeat Appel-lees' qualified