Case law

Lum v. Koles

314 P.3d 546 · Alaska Supreme Court · Dec 13, 2013

established’ . . . .”) … The officers’ conduct was reasonable and certainly does not violate clearly established law, unlike that of the officers in Headwaters Forest Defense v.

Benjamin Fogle and Amanda Fogle, on behalf of minor child P.F. v. Clay Elementary School-Southeast Polk Community School District, Dirk Halupnik, Andrea Burns and Carla Rivas, individually and in their official capacities with Southeast Polk Community School District

Supreme Court of Iowa · Nov 14, 2025

Supp. 3d at 891–94.  9 illegality of the municipal employee’s actions was not clearly established when the employee acted. Iowa Code § 670.4A(1). … As a couplet, when the substantive qualified immunity defense is inapplicable, then the heightened qualified immunity pleading standard is also inapplicable.” Id. at 805.

Graham v. Cawthorn

427 S.W.3d 34 · Supreme Court of Arkansas · Apr 18, 2013

Under that analysis, a motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established, and … Brt, supra (emphasis added). 5 The Supreme Court of the United States has recognized that “courts may grant qualified immunity on the ground that a purported right was not ‘clearly established’ by prior case law, without

Chadha v. Charlotte Hungerford Hospital

272 Conn. 776 · Supreme Court of Connecticut · Feb 15, 2005

qualified immunity pursuant to General Statutes §§ 19a-20 and 19a-17b. … In its memorandum of decision, the court concluded that the defendants were protected by qualified immunity, pursuant to §§ 19a-20 and 19a-17b, and that qualified immunity and not absolute immunity applied to the defendants

Colston v. Ala. Agric. & Mech. Univ. (In re Hugine)

256 So. 3d 30 · Supreme Court of Alabama · Mar 17, 2017

Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right. Anderson [v. Creighton , 483 U.S. 635 ,] 640, 107 S.Ct. 3034 , 97 L.Ed.2d 523 [ (1987) ]." Pearson v. … "Because pre-existing law did not provide fair warning to Appellees that demoting Rioux under these circumstances would violate clearly established federal law, Appellees are entitled to qualified immunity."

State ex rel. West Virginia Department of Health & Human Resources v. Kaufman

203 W. Va. 56 · West Virginia Supreme Court · Jul 10, 1998

from suit based upon (1) statutory immunity; (2) quasi-judicial immunity; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty … ; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty doctrine.

Benjamin v. Washington State Bar Ass'n

138 Wash. 2d 506 · Washington Supreme Court · Jul 22, 1999

Benjamin’s termination the law was not clearly established that the termination constituted state action, nor was the law clearly established that Dr. … Consequently, we need not address the second step in qualified immunity analysis—determining whether *528 the constitutional right allegedly violated was clearly established at the time the dispute arose.

McGuire v. County of Hawai'i. Concurring Opinion by Ginoza, J, filed 04/08/2025 [ada].

Hawaii Supreme Court · Apr 8, 2025

Rafe Foreman, Qualified Immunity: A Legal Fiction That Has Outlived Utility, 48 Ohio N.U. L. Rev. 503, 519 (2022). The good faith test evolved to a clearly-established-law test. Harlow v. … Qualified immunity whitewashes civil rights deprivations by excusing bad-acting officials from liability so long as their conduct does not offend a clearly established right.

IN RE: DISCIPLINE OF CHRISTOPHER R. ARABIA

495 P.3d 1103 · Nevada Supreme Court · Sep 23, 2021

immunity and the State Bar lacked jurisdiction over him.2 Qualified immunity does not apply to attorney disciplinary proceedings Arabia contends that he cannot be professionally disciplined because his actions … are entitled to protection under the qualified immunity doctrine, and thus, this matter must be dismissed.

Parsons v. Wright

649 A.2d 1108 · Supreme Judicial Court of Maine · Nov 10, 1994

Whether the Wrights are entitled to a qualified immunity is a question of law for the court. … The application of the qualified immunity doctrine turns on the “objective legal reasonableness” of the official’s action viewed in light of the “clearly established” legal rules at the time the action was taken.

Olson v. City of Hooper Bay

251 P.3d 1024 · Alaska Supreme Court · Apr 15, 2011

But another primary purpose-immunity from damages-remains attainable if the claim of qualified immunity is established at trial. 62 *1037 In Sheldon, we affirmed the superior court's decision to grant qualified immunity to … When qualified immunity cannot be established as a matter of law because genuine issues of material fact bar summary judgment, qualified immunity may still be established at trial to shield against damages.

Leydens v. City of Des Moines

484 N.W.2d 594 · Supreme Court of Iowa · May 13, 1992

The Qualified Immunity Issue. … The defendants argue that under a qualified immunity claim only an “arguable” case of probable cause need be established.

Wyo. Guardianship Corp. v. Wyo. State Hosp.

428 P.3d 424 · Wyoming Supreme Court · Oct 11, 2018

Mullenax is entitled to qualified immunity. … Mullenax in his individual capacity. [¶ 22] We first address the clearly established prong of the qualified immunity analysis.

Garcia-Montoya v. State Treasurer's Office

130 N.M. 25 · New Mexico Supreme Court · Jan 18, 2001

Qualified immunity “shield[s] [government officials performing discretionary functions] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … “clearly established” at the time of the official’s conduct.

Tucker v. Resha

648 So. 2d 1187 · Supreme Court of Florida · Nov 10, 1994

Her petition relied in large measure on the established federal appellate mechanism for interlocutory review of orders denying summary judgment on the issue of qualified immunity. [2] The district court determined that there … Under the qualified immunity doctrine, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Ensey v. Culhane

727 A.2d 687 · Supreme Court of Rhode Island · Mar 30, 1999

Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991), the Supreme Court, in a per curiam opinion, made the following observation regarding qualified immunity: “Our cases establish that qualified immunity shields … Thus, the determination of qualified immunity on summary judgment has clearly been held to be appropriate.

White v. Busboom

901 N.W.2d 294 · Nebraska Supreme Court · Sep 15, 2017

Whether an official may prevail in his or her qualified immunity defense depends upon the objec- tive reasonableness of his or her conduct as measured by reference to clearly established law. 13. ____: ___ … Court Erred in Determining That White’s Predeprivation Due Process R ights Were Clearly Established (a) Qualified Immunity Principles [11,12] The doctrine of qualified

Richardson v. Chevrefils

131 N.H. 227 · Supreme Court of New Hampshire · Dec 12, 1988

Fitzgerald, supra at 818 , a defendant is entitled to immunity unless his actions violated “legal norms . . . clearly established at the time of the challenged actions,” Mitchell v. … Nonetheless, inquiries into immunity and into the sufficiency of a complaint obviously overlap considerably, and a complaint that clearly fails to state a claim need hardly be the subject of a subtle enquiry into qualified

Nelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson and Town of St. Johnsbury

198 Vt. 277 · Supreme Court of Vermont · Jan 16, 2015

The Town argues that its selectboard members are entitled to qualified immunity because they did not violate a clearly established right. … We therefore conclude that the law was not clearly established and the selectboard is entitled to qualified immunity. On this point, we ¿ffirm the trial court’s grant of summary judgment.

Rosenthal v. County of Madison

339 Mont. 419 · Montana Supreme Court · Oct 23, 2007

“The doctrine of qualified immunity operates to shield government officials performing discretionary functions from liability for civil damages when their conduct does not violate clearly established statutory or constitutional … Moreover, even if we were to speculate with Rosenthal that new evidence would establish that Zenker’s conduct was entitled to qualified immunity rather than absolute immunity, he does not show how he will pierce the qualified