Case law

Marcelino Alvarez-Victoriano v. City of Waterloo, Iowa, C.J. Nichols, In His/Her Individual and Official Capacity, and Waterloo Police Department

Supreme Court of Iowa · Jan 6, 2023

First, Iowa Code section 670.4A(1)(a) (2022) provides qualified immunity to employees or officers subject to claims arising under the IMTCA: 1. … The right, privilege, or immunity secured by law was not clearly established at the time of the alleged deprivation, or at the time of the alleged deprivation the state of the law was not sufficiently clear

Cooney v. White

845 P.2d 353 · Wyoming Supreme Court · Dec 31, 1992

The United States Supreme Court has firmly established that qualified immunity provides adequate protection for many of the duties required of a prosecutor. … In setting forth the appropriate test for qualified immunity, the court in Schrob, 948 F.2d at 1420-21 (footnote omitted) stated: [The prosecutor] will be shielded from liability of his "conduct does not violate clearly established

Browne v. Robb

583 A.2d 949 · Supreme Court of Delaware · Nov 5, 1990

The State Tort Claims Act grants, in part, general qualified immunity to certain state officials and employees. 10 Del.C. § 4001. … We have already recognized that a public defender is protected by qualified immunity under the State Tort Claims Act. See Vick v.

Smith v. King

615 So. 2d 69 · Supreme Court of Alabama · Mar 19, 1993

The concept of qualified or substantive governmental immunity as a defense against tort liability under certain circumstances is well established in the law of this State. … Having concluded that seclusion was called for, Gibson followed established procedures.

Brenda Albert v. City of Wheeling

238 W. Va. 129 · West Virginia Supreme Court · Oct 27, 2016

Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition … To decide otherwise would risk further erosion of “well-established common law and statutory immunities which are vital to the proper functioning] of government.”

State v. Jett

316 Md. 248 · Court of Appeals of Maryland · May 31, 1989

Forsyth, 472 U.S. 511 , 105 S.Ct. 2806, 2815-17 , 86 L.Ed.2d 411 (1985) (Attorney General qualified immunity); Nixon v. … Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (denial of a claim of qualified immunity, to the extent it turns on an issue of law); Nixon v.

Nucor Holding Corp. v. Rinkines

326 Ark. 217 · Supreme Court of Arkansas · Oct 7, 1996

The qualified immunity claim is a claim of right which is separable from, and collateral to, rights asserted in the complaint. . . . … Beaumont, supra, and stated: “The appealability of a denial of summary judgment based on qualified immunity from suit is clearly established.” Virden v. Roper, 302 Ark. at 128 , 788 S.W.2d at 472 .

Belcher v. Paine

136 N.H. 137 · Supreme Court of New Hampshire · Aug 27, 1992

Accordingly, the Court will, in considering the absolute immunity issue, take the well-pleaded facts of the Writ as established. … The decision to indict, even when based on an incomplete investigation, is clearly within the scope of absolute immunity.

State v. Jones

416 S.C. 283 · Supreme Court of South Carolina · May 18, 2016

In a pretrial motion, Jones asserted immunity from prosecution under the "Protection of Persons and Property Act" (the Act).1 Following a hearing, the circuit court judge granted the motion, finding Jones established by … Conclusion We conclude the circuit court judge properly granted Jones immunity from prosecution pursuant to section 16-11-440(C) because Jones's residence qualified as "another place" where she had the right to be

Kevin McCourt v. Miguel Angel Delgado

West Virginia Supreme Court · Mar 25, 2019

Under this standard, the petitioner officers contend they are entitled summary judgment based on qualified immunity because they did not violate any clearly established constitutional rights. … Under a qualified immunity analysis, we must determine whether the petitioner officers’ alleged conduct violated a clearly established constitutional right.

George v. McIntosh-Wilson

582 So. 2d 1058 · Supreme Court of Alabama · May 24, 1991

In order to defeat a qualified immunity defense, the plaintiff "bears the burden of showing that 'the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions.' " Barts … The defendants cannot claim qualified immunity solely on the argument that George's constitutional rights to be reasonably safe from potentially deadly objects were not clearly established at the time of the accident.

W.Va. Division of Natural Resources v. Steven Dawson and Angela Dawson

West Virginia Supreme Court · Jun 3, 2019

On appeal, the DNR and the DNR employees raise the following issues: (1) the circuit court erred by failing to find qualified immunity because (a) there is no evidence of a violation of any clearly established statutory … Accordingly, we will begin by reviewing this Court’s established qualified immunity principles.

Carrubba v. Moskowitz

274 Conn. 533 · Supreme Court of Connecticut · Jul 26, 2005

Because any immunity accorded to attorneys appointed pursuant to § 46b-54 would be derived from *540 judicial immunity, we first examine the policy reasons underlying judicial immunity. 6 It is well established that “a judge … Absolute immunity would not be available, however, when persons who would normally be accorded immunity “perform acts which are clearly outside the scope of their jurisdiction.” Cok v.

KEMP EX REL. WRIGHT v. State, County of Burlington

147 N.J. 294 · Supreme Court of New Jersey · Jan 14, 1997

N.J.S.A. 26:11-12, however, establishes a generalized grant of qualified immunity to county boards and their agents “for any act ” performed “in good faith and with ordinary discretion.” … We conclude that N.J.S.A. 26:ll-12’s grant of only qualified immunity for discretionary acts is clearly inconsistent with the TCA’s general discretionary immunity provisions which provide for absolute immunity in that context

Larry D. Jr. and Pamela Pyles v. Mason Co. Fair, Inc.

239 W. Va. 882 · West Virginia Supreme Court · Nov 1, 2017

under the Act are legal determinations capable of and demanding resolution at this juncture of the litigation rather than at the appellate stage.15 Because the principles of governmental immunity clearly apply to the facts … Pack, 223 W.Va. 828, 831, 679 S.E.2d 660, 663 (2009) (affirming “need for early resolution of immunity rulings” and holding that summary judgment ruling predicated on qualified immunity is subject to immediate appeal under

Smith v. Four Corners Mental Health Center, Inc.

473 Utah Adv. Rep. 50 · Utah Supreme Court · May 13, 2003

For the Randalls to benefit from this prior decision granting immunity to DHS, they must clearly establish a relationship with DHS that legally qualifies them to receive the same treatment. 126 The Randalls argue that they … by the Randalls do not, however, clearly establish that they were employees of DHS rather than independent contractors.

Grammens v. Dollar

287 Ga. 618 · Supreme Court of Georgia · Jul 5, 2010

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. [Cit.] … Qualified immunity “protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.” [Cit.]

Dobson v. Harris

352 N.C. 77 · Supreme Court of North Carolina · Jun 16, 2000

App. 660 , 233 S.E.2d 624 (1977) (summary judgment appropriately entered against the plaintiff where the defendant supported motion by establishing affirmative defense of qualified privilege, and the plaintiff, who thereafter … In her answer defendant Harris asserted the affirmative defense of “qualified immunity,” or, more precisely, a statutory, good-faith immunity based upon her compliance with N.C.G.S. §§ 7A-543 and -550.

Haavisto v. Perpich

520 N.W.2d 727 · Supreme Court of Minnesota · Aug 19, 1994

An official will not be personally liable under § 1983 if the official conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Amendment to be free from cruel and unusual punishment and that the constitutional right violated was a clearly established constitutional right in 1982 of which a reasonable prison administrator would have known.

Barnes v. Dale

530 So. 2d 770 · Supreme Court of Alabama · Jun 24, 1988

Paul answered the complaint on January 3, 1986, and raised "qualified immunity" as an affirmative defense. Harpole, Dr. Barnes, and Dr. … This defendant's function clearly required due care rather than difficult decision making. On the other hand, we accepted the claim of immunity in Gill v.