Case law

Brown v. Jenne

122 So. 3d 881 · District Court of Appeal of Florida · Aug 1, 2012

Qualified Immunity Standard “ ‘Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established … As to the second determination for qualified immunity, the Thompson court found that the excessiveness of the force was clearly established at the time of the incident, which in Thompson occurred in 1998.

Chauncey Ziglar v. Diann Skiles and West Virginia Division of Corrections and Rehabilitation

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Therefore, to defeat a claim of qualified immunity, a plaintiff must show that the public official’s duties violated clearly established, and reasonably known legal authority prescribing a duty to act or that the public official … Ziglar has failed to make the required showing of a “clearly established, and reasonably known legal authority prescribing a duty to act” or that the actions or inactions of Ms.

Mendoza v. City of West Covina

206 Cal. App. 4th 702 · California Court of Appeal · May 8, 2012

The qualified immunity rule shields public officers from section 1983 actions unless the officer has violated a clearly established constitutional right. … The Saucier court established a two-step procedure for determining whether a defendant’s conduct was entitled to qualified immunity.

Nathan Freidhoff, Individually, Michelle Freidhoff and Todd Freidhoff, Individually and as Parents and Next Friends of Nathan Freidhoff v. Johnston Community School District, Mitch Eagles and Brett Becker

Court of Appeals of Iowa · May 13, 2026

established at the time of the alleged violation.” … established at the time of the alleged violation.”

Dickson v. City of Clovis

148 N.M. 831 · New Mexico Court of Appeals · Apr 1, 2010

It granted Defendant Parkin qualified immunity, determining that “there was no apparent violation of a clearly established constitutional right” because it was reasonable for Defendant Parkin to have been uncertain as to … , granted Defendant Parkin qualified immunity, which entitled him to summary judgment as a matter of law.

Merrilee Berge, V. Kitsap County

Court of Appeals of Washington · Jul 11, 2023

RECREATIONAL IMMUNITY 1. … See also Lockner, 190 Wn.2d at 532 (“To qualify for immunity under RCW 4.24.210, the landowner must establish that the land at issue was (1) open 5 No. 56865-9-II to

Scott v. Godwin

147 S.W.3d 609 · Texas Court of Appeals, 13th District · Aug 31, 2004

Government officials performing *616 discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would … In conducting a qualified immunity analysis, the reviewing court first determines whether the plaintiff has alleged a violation of a clearly established constitutional right. See Siegert v.

Lambert v. RIVERBOAT GAMING ENFORC. DIV.

706 So. 2d 172 · Louisiana Court of Appeal · Dec 29, 1997

In support of their application, defendants contend that the trial court erred: (1) in ruling that defendants had established the qualified immunity defense, yet failing to grant their exception of no cause of action and … Accordingly, in Kyle , this court examined the pleadings to determine whether the plaintiff had set forth material facts therein which, if taken as true, showed that defendants had violated a clearly established right of

Lucas v. Otsego County Sheriff Richard J. Devlin Jr.

139 A.D.3d 1196 · Appellate Division of the Supreme Court of the State of New York · May 12, 2016

Supreme Court determined that, among other things, defendants were shielded from liability by the doctrine of qualified immunity and granted their motion. Plaintiff now appeals. We affirm. … Defendants nevertheless have qualified immunity for their conduct if they did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known" (Mullenix v Luna, US

Huffmier v. Hamilton

30 Kan. App. 2d 1163 · Court of Appeals of Kansas · Oct 25, 2002

established law.” … Second, was the constitutional right clearly established? See McCormick, 272 Kan. at 642 .

Dicks Ex Rel. Montgomery v. Jenne

740 So. 2d 576 · District Court of Appeal of Florida · Jul 21, 1999

Initially, the trial court denied the motion, finding that Deputy Biernacki had "failed to establish his entitlement to qualified immunity as a matter of law, particularly in light of the court's prior ruling that the arrest … decision on the qualified immunity issue; and the record before this court does not support a finding that the prior rulings were clearly erroneous.

Abouzari v. Foster

14 Brief Times Rptr. 984 · Colorado Court of Appeals · Jul 19, 1990

The plaintiff bears the burden of demonstrating that the applicable law was clearly established at the time in question, and the failure to establish a clearly existing constitutional standard derived from authority in a … a jury question on the issue of qualified immunity.

Umar v. Scott

991 S.W.2d 512 · Court of Appeals of Texas · Jun 10, 1999

Qualified Immunity The doctrine of qualified immunity shields individual government officials performing discretionary functions from liability for civil damages, so long as their conduct does not violate clearly established … Furthermore, we hold that Appellees’ actions in complying with the policy were objectively reasonable, and Appellees’ have established, as a matter of law, their entitlement to qualified immunity.

Thompson v. Douds

852 So. 2d 299 · District Court of Appeal of Florida · Jul 18, 2003

Therefore, the trial court found that Thompson had failed to prove that the law was "clearly established." … Therefore, the autopsy report was insufficient to establish a fact question that would defeat summary judgment on the issue of qualified immunity. Id.

Brescher v. Pirez

696 So. 2d 370 · District Court of Appeal of Florida · Apr 30, 1997

questionable conduct violated clearly established law. … the plaintiff's rights in light of clearly established law.

Akau v. Villareal

Hawaii Intermediate Court of Appeals · Jan 14, 2026

immunity "cannot be sustained" because her actions violated a "clearly established" right under the Hawai#i Constitution. … In answer to the SAC, Villareal asserted that she "is not liable for Plaintiffs' alleged injuries and/or damages on the basis of qualified immunity and/or qualified privilege."

Savage v. State

72 Wash. App. 483 · Court of Appeals of Washington · Mar 8, 1994

We therefore hold that the State is entitled to qualified immunity to the extent the plaintiff relies on the actions of parole officers to establish the State’s liability for negligence under a respondeat superior theory. … Justice Andersen's dissent disputes this characterization of the law in Washington and argues that Guffey, Spurrell and Frost clearly establish that, where an employee has immunity, the State cannot be held liable on a respondeat

Youngstown v. Carrier Servs. Group, Inc.

2026 Ohio 1032 · Ohio Court of Appeals · Mar 25, 2026

qualified immunity claim. … .): Qualified immunity shields a government official from civil liability unless (1) the official violated a statutory or constitutional right and (2) that right was “clearly established” at the

Jones v. Norwood

2013 Ohio 350 · Ohio Court of Appeals · Feb 6, 2013

. {¶51} The doctrine of federal qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In the context of the qualified-immunity analysis, we affirmed the trial court’s determination that Jones had shown the violation of her clearly established procedural-due-process right to a predeprivation hearing.

Goetz v. Noble

652 So. 2d 1203 · District Court of Appeal of Florida · Mar 29, 1995

Qualified immunity affords government officials performing discretionary functions protection from liability under section 1983 where their conduct does not violate what reasonable people would recognize as a clearly established … Harlow 's "clearly established" standard demands that a bright line be crossed.