Case law

Hawkins v. State

342 N.C. 188 · Supreme Court of North Carolina · Nov 3, 1995

Matthews v. Martin

280 Ark. 345 · Supreme Court of Arkansas · Oct 10, 1983

The legislature promptly enacted Act 165 of 1969 reinstating municipal immunity to tort liability as a matter of public policy. Ark. Stat. Ann. § 12-2901 (Repl. 1979). In Hardin v. … The immunity granted to municipalities extends to the city’s officials and employees. Jones v. Sewer Improvement District No. 3, 119 Ark. 166 , 177 S.W. 888 (1915). Affirmed.

City of Farmington v. Smith

366 Ark. 473 · Supreme Court of Arkansas · Jun 1, 2006

were violative of a clearly established law. … they knew their actions violated any clearly established laws.

Lisa Boggess, as administrator of the Estate of Brent Boggess, and as next friend to minors Z.B. and J.B., Drake L. Boggess, individually, and Kim Buttshaw, individually v. City of Waterloo and Kenneth Schaff

Supreme Court of Iowa · May 1, 2026

Fitzgerald, 457 U.S. 800, 818 (1982) (holding qualified immunity shields a government official from individual liability when his conduct does not violate “clearly established statutory or constitutional rights of which … is not entitled to qualified immunity.

Denise Brown v. State of New Jersey (076656) (Cumberland County and Statewide)

230 N.J. 84 · Supreme Court of New Jersey · Jul 24, 2017

In this matter, defendants raised the defense of qualified immunity in connection with their motion for summary judgment, arguing that McArthur applied and provided “the only clearly established, constitutional standard” … established at the time of his conduct, we conclude that Detective Steet is entitled to qualified immunity.

Robinson v. Pack

223 W. Va. 828 · West Virginia Supreme Court · Jun 18, 2009

In that decision, we affirmed that immunity from personal liability exists “if the involved conduct did not violate clearly established laws of which a reasonable official would have known.” … In the context of determining whether there is a violation of clearly established right to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability on the subordinate for unconstitutional

Goldbarth v. Kansas State Board of Regents

269 Kan. 881 · Supreme Court of Kansas · Jul 26, 2000

His claims implicate issues of immunity. We focus on qualified immunity. Qualified immunity shields public officials from personal liability unless their conduct violates clearly established constitutional rights. … In other words, the officials did not violate any clearly established law when they applied the sexual harassment policy to Cohen. Clearly Bowman and Patton are entitled to qualified immunity.

Staats v. Brown

139 Wash. 2d 757 · Washington Supreme Court · Jan 6, 2000

clearly established at the time of the act. … Qualified immunity is not available to Officer Brown for the alleged search as the Fourth Amendment right to be free of a warrantless residential search in the circumstances as alleged is clearly established. C.

Breck v. Ulmer

745 P.2d 66 · Alaska Supreme Court · Nov 6, 1987

If the law was not clearly established, the public official will be immune. … immunity if their conduct in awarding the contract did not violate clearly established law.

Neil Williams v. Bonnie Bonar, Ohio County Sheriff

West Virginia Supreme Court · Nov 21, 2014

Botkins, 228 W.Va. 393, 394-95, 719 S.E.2d 863, 864-65 (2011) (qualified immunity for police officers). … In addition, “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

West Virginia Department of Health & Human Resources v. Payne

231 W. Va. 563 · West Virginia Supreme Court · Jun 12, 2013

Some of our caselaw makes reference to violations of “clearly established rights” while others make reference to “clearly established laws.” … Obviously, a public official who ignores or violates such clearly established precepts of the law . . . would not be entitled to qualified immunity[.]

Bill J. Crouch, Secretary, W. Va. Dept. of Health and Human Resources v. Eric Gillispie, Administrator

809 S.E.2d 699 · West Virginia Supreme Court · Jan 31, 2018

clearly established statutory or constitutional law. … Gillispie has failed to demonstrate a violation of a clearly established statutory or constitutional law sufficient to strip DHHR of its qualified immunity.23 IV.

State v. Chase Securities, Inc.

188 W. Va. 356 · West Virginia Supreme Court · Nov 25, 1992

Obviously, a public official who ignores or violates such clearly established precepts of the law, as did the mayor in Hawkins, supra, would not be entitled to qualified immunity under Harlow and would be personally liable … Clearly, *362 the immunity in Bennett is a qualified immunity, and, as earlier noted, some public officials are entitled to an absolute immunity. See note 11, supra.

City of Paintsville v. Paula M. Haney, as Personal Representative of Estate of Donald Prater, Jr.

Kentucky Supreme Court · Aug 14, 2025

The Court of Appeals concluded that the Fire Department was entitled to government immunity and Chief Ratliff was clearly entitled to qualified immunity as he was acting in his role overseeing emergency medical services … does not establish that the [officers] violated [the suspect’s] clearly established rights.

Goines v. James

189 W. Va. 634 · West Virginia Supreme Court · Jul 22, 1993

Therefore, in order to resolve this issue of qualified immunity, we must also examine the constitutional law pertaining to the Fourth Amendment to determine if the law was clearly established as to whether a warrantless arrest … If, however, the law was clearly established, the immunity defense should fail unless “the ...

W. Va. Board of Education v. Zelda Croaff

West Virginia Supreme Court · May 17, 2017

We find that the circuit court clearly erred in concluding that qualified immunity is unavailable to state agencies. … Va. at 667, 783 S.E.2d at 88 (failure to identify violations of clearly established statutory or constitutional right in an action for defamation, false light, and breach of contract such that qualified immunity barred the

Cook v. Nelson

167 Vt. 505 · Supreme Court of Vermont · Mar 13, 1998

was clearly established; (3) qualified immunity should not be available as a post-judgment defense; and (4) even if qualified immunity can be used as a post-judgment defense, the defense was waived because defendant did … If the rights at issue can be stated as broadly as plaintiff urges, they will always be clearly established and qualified immunity will rarely apply. See Anderson v. Creighton, 483 U.S. 635, 639-40 (1987).

Martin v. O'Daniel

507 S.W.3d 1 · Kentucky Supreme Court · Sep 22, 2016

The officers were not entitled to dismissal of the malicious prosecution action on grounds of absolute immunity or qualified official immunity. … But, it is also a fact that defeats the defendant’s assertion of qualified official immunity.

Leyba v. Renger

114 N.M. 686 · New Mexico Supreme Court · Oct 6, 1992

We hold that the NMROIA abolished any common-law absolute immunity available to review organization participants prior to its enactment, establishing instead a qualified immunity. … The immunity, however, is not absolute, but qualified.

W. Va. Board of Education and L. Wade Linger, Jr. v. Jorea M. Marple

West Virginia Supreme Court · Nov 10, 2015

the constitutional standards clearly established at the time[?]” … the present context to qualified immunity is a clearly legitimate act.”