Case law

Daphne Mosby v. Andrew Moore

Mississippi Supreme Court · Jun 16, 1995

Alternatively, their basis for the motion was that the officers were entitled to qualified immunity on the plaintiff's claims. … When officers or agents of the State of Mississippi are sued in a civil action, they enjoy qualified public official immunity.

Suttles v. Roy

75 So. 3d 90 · Supreme Court of Alabama · May 21, 2010

Is it a question of law for the court (as is the similar defense of qualified immunity in federal actions under 42 U.S.C. § 1983 ) or a question of fact for the jury whether Suttles is entitled to such immunity? … Floyd, 667 So.2d 56, 64 (Ala.1995) (“The question whether a public official is entitled to qualified immunity is one to be decided as a matter of law.”).

Cárdenas v. Muangman

998 A.2d 303 · District of Columbia Court of Appeals · Jun 17, 2010

Analysis of Appellants’ Expert’s Testimony Because the requirements for qualifying an expert to testify and assessing the qualified expert’s testimony for sufficiency overlap, they are susceptible to being confused. … apply District of Columbia law (and therefore allow Camacho’s claim to proceed) under the conflict of laws analysis used in that state. 10 The “potential interests of the jurisdictions involved,” Stutsman, 546 A.2d at 374, clearly

LaShay v. DEPT. OF SOCIAL & REHAB. SERV.

625 A.2d 224 · Supreme Court of Vermont · Jan 15, 1993

We have recognized two degrees of official immunity: absolute *227 immunity and qualified immunity. Id., 151 Vt. at 184-85 , 559 A.2d at 1078 . … "Good faith exists where an official's acts did not violate clearly established rights of which the official reasonably should have known." Murray v. White, 155 Vt. 621, 630 , 587 A.2d 975, 980 (1991).

Rodriques v. Furtado

410 Mass. 878 · Massachusetts Supreme Judicial Court · Aug 12, 1991

Qualified immunity. We consider first whether Furtado and Dr. Falkoff are immunized from liability as matter of law. We conclude that they are immunized. … While the plaintiff is correct when she argues that the Aguilar-Spinelli requirements were clearly established at the time Furtado applied for the warrant, that is not sufficient to preclude Furtado from using a qualified

Kimberly Bennett v. Kentucky Community & Technical College System

Kentucky Supreme Court · Aug 14, 2025

It is well established that “an immunity defense is an appealable issue by interlocutory appeal.” Baker v. Fields, 543 S.W.3d 575, 577 (Ky. 2018). … Our Court subsequently concluded that orders denying qualified official immunity and legislative immunity are also immediately appealable. Meinhart v. Louisville Metro Gov’t, 627 S.W.3d 824, 830 (Ky. 2021); Stivers v.

Lockner v. Pierce Cnty.

190 Wash. 2d 526 · Washington Supreme Court · Apr 19, 2018

App. 177 , 184, 6 P.3d 1191 (2000), aff'd , 144 Wash.2d 612 , 30 P.3d 460 (2001). ¶ 13 To qualify for immunity under RCW 4.24.210, the landowner must establish that the land at issue was (1) open to members of the public … Clearly, mixed public and other uses do not defeat immunity since the legislature amended RCW 4.24.210 to include land used for hydroelectric *533 power plants.

Gordon v. Maesaka-Hirata.

431 P.3d 708 · Hawaii Supreme Court · Nov 2, 2018

As the circuit court initially correctly noted, the “clearly established right” portion of the two-part qualified immunity standard employs a reasonableness test. … In evaluating an official’s claim of qualified immunity, however, courts should not “define clearly established law at a high level of generality.” al-Kidd, 563 U.S. at 742.

Gary v. Crouch

867 So. 2d 310 · Supreme Court of Alabama · May 30, 2003

As police chief, Chief Crouch qualifies as a peace officer. However, Lt. … "'[S]ince the privilege under consideration is merely a qualified one, it is subject to the general rules . . . limiting qualified privileged communications; and there is no privilege where the communication is actuated by

Wildoner v. Borough of Ramsey

162 N.J. 375 · Supreme Court of New Jersey · Jan 31, 2000

The Court, concluding that an officer applying for a warrant is entitled to assert qualified but not absolute immunity, observed that the defense of qualified immunity provides ample protection to all but the plainly incompetent … Qualified immunity “is an immunity from suit rather than a mere defense to liability” that is effectively lost if the case is allowed to go to trial. Mitchell v.

DeStafney v. University of Alabama

413 So. 2d 391 · Supreme Court of Alabama · Feb 5, 1982

We must recognize at the outset that our cases have interpreted § 14 as affording absolute immunity to some State officials, as well as to the State itself, and extending a qualified immunity to others. … Clearly, under the guidelines of Gill and Milton , a claim for personal injury based upon the alleged negligent conduct of a State employee, even when committed in the line and scope of employment, is not within the ambit

Harris, Roderick

Court of Criminal Appeals of Texas · May 25, 2016

App. 2013) (explaining that an “issue of first impression can sometimes qualify” for extraordinary relief “when the factual scenario has never been precisely addressed but the principle of law has been clearly established

Integrated Resources Equity Corp. v. Fairbanks North Star Borough

799 P.2d 295 · Alaska Supreme Court · Sep 7, 1990

Sutro & Co., 646 P.2d 715, 721 (Utah 1982) (university trustees’ investment decisions held to be discretionary and thus protected by the rule of qualified immunity). … We are thus unable to conclude that Helms and Wortman violated clearly established law.

Stanley R. Palowsky, III, Individually, and on Behalf of Alternative Environmental Solutions, Inc. v. Allyson Campbell

Supreme Court of Louisiana · Jun 26, 2019

Fitzgerald, 457 U.S. 800, 815-19, 102 S.Ct. 2727, 2736-39, 73 L.Ed.2d 396 (1982) (allegations of malice are insufficient to overcome qualified immunity). … Conduct, clearly recognizes the dichotomy between adjudicative and administrative duties.

O'MALLEY v. Sheriff of Worcester County

415 Mass. 132 · Massachusetts Supreme Judicial Court · May 4, 1993

To overcome the defendants’ qualified immunity, the plaintiffs must show that the defendants directly participated in violating the plaintiffs’ “clearly established” rights. Anderson v. … We hold that, as a matter of law, the plaintiffs’ allegations do not defeat the Commissioner’s qualified immunity.

Murray v. White

155 Vt. 621 · Supreme Court of Vermont · Jan 18, 1991

It is thus hard to consider it as having created clearly established law. … To so require would undermine the very purpose of qualified immunity — allowing an official to act without fear of suit unless she should know that what she is doing is in violation of clearly established rights — because

Day v. Idaho Transportation Department

Idaho Supreme Court · Aug 14, 2023

Auth., 124 Idaho 450, 463, 860 P.2d 653, 666 (1993) (“[E]ven though the district 14 court did not explicitly address the qualified immunity issue in responding to Worrell … ’s motions to dismiss and post-trial motions, it is implicit in the court’s rulings that it rejected Worrell’s properly raised immunity claims.”).

Washington Suburban Sanitary Commission v. Bowen

410 Md. 287 · Court of Appeals of Maryland · Aug 26, 2009

Although Dawkins did not expressly delineate legislative immunity, such immunity claims clearly fall within the language in Dawkins of “any other type of immunity.” … When a qualified immunity claim is not defeated by malice or some other factor which might defeat qualified immunity, the two types of immunity claims are the same and are reviewable on appeal from an adverse final judgment

People of Michigan v. Dametrius Benjamin Posey

Michigan Supreme Court · Jul 31, 2023

immunity rather than complete immunity applies where the prosecutor is acting as a police officer and not in the role of an advocate) (quotation marks and citation omitted). … The lead opinion does not address this important qualifier.

Johnson, A., Aplt. v. Wetzel, J.

Supreme Court of Pennsylvania · Oct 1, 2020

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Rickard, 572 U.S. 765, 778 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was clearly established at the