Case law

City of McGregor v. Janett

480 N.W.2d 576 · Court of Appeals of Iowa · Nov 26, 1991

Finally, they asserted that they were entitled to qualified immunity. … The test for qualified immunity at the summary judgment stage of a proceeding is an objective one: “to be clearly established, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand

Pelerin v. Carlton County

498 N.W.2d 33 · Court of Appeals of Minnesota · Mar 23, 1993

To avoid dismissal on grounds of qualified immunity, a plaintiff alleging violation of a constitutional right by a public official must allege that the violated right was “clearly established” in a particularized sense. … The law in this area was thus not “clearly established” when Pelerin was fired.

People v. Tuttle

304 Mich. App. 72 · Michigan Court of Appeals · Jan 30, 2014

To be entitled to immunity, a qualifying patient cannot possess more than 2.5 ounces of usable marijuana and 12 marijuana plants. MCL 333.26424(a). … Section 4(f), which provides a qualified immunity for physicians, mandates that the immunity only applies to physicians that prescribe marijuana “in the course of a bona fide physician-patient relationship . .. .”

Venegas v. County of Los Angeles

63 Cal. Rptr. 3d 741 · California Court of Appeal · Jul 31, 2007

Today qualified immunity shields a public officer from an action for damages under 42 United States Code section 1983 *1242 unless the officer has violated a “clearly established” constitutional right. 24 By “clearly established … established’ at the time.”

Turner v. Perry

278 S.W.3d 806 · Texas Court of Appeals, 14th District (Houston) · Feb 26, 2009

Qualified Immunity Qualified immunity protects governmental officials performing discretionary functions frpm suit if their actions were objectively reasonable in the light of then clearly-established law. Anderson v. … Appellants contend that they nevertheless are entitled to qualified immunity because they did not violate a clearly established right protecting Perry’s speech.

Kipp v. Saetre

454 N.W.2d 639 · Court of Appeals of Minnesota · May 1, 1990

THE IMMUNITY OP APPELLANT COUNTY PROSECUTOR The absolute immunity of prosecutors was established by the United States Supreme Court in Imbler v. … of his qualified immunity.

Kirk Wayne McBride, Sr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Texas Court of Appeals, 13th District · Aug 28, 2008

Government officials performing discretionary functions have qualified immunity from a suit for damages so long as the official’s conduct does not violate clearly established constitutional or statutory rights of which … Qualified immunity shields an officer if a reasonable officer could have believed the action to be lawful in light of clearly established law and the information the officer possessed. Hunter v.

Gurno v. Town of LaConner

65 Wash. App. 218 · Court of Appeals of Washington · Apr 20, 1992

Qualified Immunity Respondent officers cite various doctrines of qualified immunity for police officers who act in good faith, arguing that appellant failed to introduce evidence of their lack of good faith in arresting her … Qualified immunity under § 1983 is granted to police officers performing discretionary functions insofar as their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person

City of Palestine v. Ramirez

925 S.W.2d 250 · Texas Court of Appeals, 12th District (Tyler) · Jan 26, 1996

In her response to the motion for summary judgment Ramirez asserted, inter alia, that the summary judgment evidence was insufficient to establish all of the elements of qualified immunity as a matter of law. … Qualified immunity is an affirmative defense; the burden is on the defendant to establish each element of that defense. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994); Rhodes v.

Jaeger v. Wracker

21 Ohio App. 3d 150 · Ohio Court of Appeals · Feb 13, 1985

Fitzgerald (1982), 457 U.S. 800 , 818-819: “If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … fireman, the trustees cannot claim a qualified immunity.

TATTNALL COUNTY Et Al. v. ARMSTRONG

333 Ga. App. 46 · Court of Appeals of Georgia · Jul 13, 2015

IX establishes a different type of immunity, known as official or qualified immunity when an officer or an employee of the state is sued in his individual capacity. 6 Banks v. Happoldt, 271 Ga. … Armstrong clearly had the burden to establish waiver. As we have previously explained, “[sovereign immunity is not an affirmative defense that must be established by the party seeking its protection.

DeWald v. Wyner

674 So. 2d 836 · District Court of Appeal of Florida · May 15, 1996

It is well settled that public officials are immune in their individual capacities from suits for damages "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In this case immunity turns on the second element, namely whether defendants' conduct violated clearly established constitutional law. If applicable law is unsettled, immunity necessarily results. Nicholson v.

Tyrone Hadley v. Keith Mihail Billiris and Montgomery County, Texas

Texas Court of Appeals, 9th District (Beaumont) · Jul 14, 2022

Billiris argued that he was entitled to qualified immunity because Hadley failed to cite any evidence showing that he intentionally struck Hadley, point to any clearly established law prohibiting an officer from chasing … To rebut the defense of qualified immunity, the plaintiff must establish “that the official’s allegedly wrongful conduct violated clearly established law and that genuine issues of material fact exist regarding the reasonableness

University of Texas Southwestern Medical Center of Dallas v. Margulis

88 S.W.3d 641 · Court of Appeals of Texas · Mar 31, 1999

Fain, and Kern Wildenthal, M.D., appellants, contend the trial court erred in denying their motion for partial summary judgment on the defense of qualified immunity. … Appellants moved for partial summary judgment on the section 1983 claims, asserting that Margulis did not plead with specificity enough facts to overcome their assertion of qualified immunity.

Rousselo v. Starling

128 N.C. App. 439 · Court of Appeals of North Carolina · Feb 3, 1998

We agree and conclude that under the doctrine of qualified immunity Trooper Starling was immune from suit because a reasonable person in his position would not have known that his actions violated a clearly established right … Police officers sued under section 1983 are not protected by qualified immunity if the officers’ conduct violated “ ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ”

Bolanos v. Bain

696 So. 2d 478 · District Court of Appeal of Florida · Jul 2, 1997

Qualified immunity protects government officials performing discretionary functions from civil trials (and the other burdens of litigation, including discovery) and from liability if their conduct violates no “clearly established … For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government

Cristo v. Evangelidis

90 Mass. App. Ct. 585 · Massachusetts Appeals Court · Oct 28, 2016

[Q]ualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate clearly established statutory authority or constitutional … the defendant's position would understand that his conduct violated those clearly established rights.

Earles v. Perkins

788 N.E.2d 1260 · Indiana Court of Appeals · May 29, 2003

Qualified Immunity Government officials are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … have believed the arrest to be lawful, in light of the clearly-established law and the information that the arresting officer possessed"). 9 The Appellants also assert that Earles and Jones are entitled to qualified immunity

Brad Livingston, Robert Treon, Martha Wear and Paul Morales v. Atiba Ramone Taylor, Tdcj 1082601

Texas Court of Appeals, 13th District · Aug 6, 2009

Qualified Immunity (5) Qualified immunity shields a government official "performing discretionary functions from liability for civil damages under section 1983, provided the official's conduct does not violate clearly established … When a government official pleads qualified immunity, the summary judgment burden shifts to the plaintiff to produce evidence which establishes that the official's conduct violated the clearly established law. Newman v.

Weatherford v. State

203 Ariz. 313 · Court of Appeals of Arizona · Sep 10, 2002

secured by the Constitution and laws.... ” ¶ 23 To prevail on such claims, a plaintiff must overcome a qualified immunity defense by proving: (1) the defendants violated one of the plaintiffs clearly established rights; … Youngberg arguably reaches the constitutional right Weatherford asserts to be clearly established. ¶ 27 Moreover, Weatherford points out that decisions from eight federal courts support the assertion of a clearly established