Case law

Cullen v. Phillips

2001 Colo. J. C.A.R. 1809 · Colorado Court of Appeals · Apr 12, 2001

Defendants sought dismissal on several grounds including qualified immunity, laches, and failure to state a claim. … Once a defendant raises a qualified immunity defense, the plaintiff assumes the burden of showing that the defendant violated a clearly established constitutional or statutory right of which a reasonable person would have

Rhoades v. Clinkscale

Superior Court of Delaware · Jul 20, 2016

on the ground that a purported right was not clearly established, question of whether the purported right exists at without resolving the plied, [qualified immunity] protects all but the a>l?> all. … Thus, State Defendants argue that qualified immunity applies to Plaintiff’s claims against them, because Plaintiff has failed to identify a right to a particular procedure or protocol that has been clearly established by

Robert Reeves v. Wayne County

Michigan Court of Appeals · Jun 9, 2025

and therefore entitled to only the protection of the qualified immunity.” … Second, we hold that prosecutors are entitled to absolute immunity only for judicial or quasi-judicial functions, and qualified immunity for administrative or investigative acts.

CHABAK v. Monroy

65 Cal. Rptr. 3d 641 · California Court of Appeal · Sep 10, 2007

This immunity is absolute for mandated reporters and qualified for other individuals who report child abuse (voluntary reporters). … Monroy’s statements to the police clearly arose from protected activity, as is established by the case on which Chabak, and ultimately the trial court, relied.

Smith v. Norton Hospitals, Inc.

488 S.W.3d 23 · Court of Appeals of Kentucky · Mar 4, 2016

immunity. … established under the law.

Bakos v. Roach

California Court of Appeal · Jan 29, 2025

Defendants cross-appeal, challenging the trial court’s conclusion that they lack qualified immunity. … entitlement to qualified immunity.

State v. Gear

236 Ariz. 289 · Court of Appeals of Arizona · Nov 20, 2014

“a full assessment of the qualifying patient’s medical history.” … ¶17 In construing statutes, we apply a word’s “usual and commonly understood meaning unless the legislature clearly intended a different meaning.”

Ortiz v. Morris

Massachusetts Appeals Court · Apr 27, 2020

Following discovery, Morris moved for summary judgment on the basis of qualified immunity. … Whether an officer is immune "turns on the objective legal reasonableness of the action assessed in light of the legal rules that were clearly established at the time [the action] was taken" (quotations and citation omitted

HILL v. JACKSON Et Al.

336 Ga. App. 679 · Court of Appeals of Georgia · Mar 24, 2016

When a party moves for summary judgment on the basis of qualified immunity, that party bears the burden of establishing that he was entitled to the protection of said immunity. Jobling, supra at 488 (2) (a). … Moreover, the contract itself clearly establishes the duties of CMA and its employees.

D.M. v. State

25 Neb. Ct. App. 596 · Nebraska Court of Appeals · Mar 13, 2018

Qualified immunity provides a shield from liability for public officials sued under 42 U.S.C. § 1983 (2012) in their individual capacities, so long as the official’s conduct does not violate clearly established … clearly established statutory or constitutional rights of which a reasonable person would have known.

Pyne v. Meese

172 Cal. App. 3d 392 · California Court of Appeal · Aug 22, 1985

Under the Harlow test, Black and Hurd did not violate any clearly established statutory or constitutional rights and are thus immune from liability. … Once again, we must apply the Harlow test to determine whether a qualified immunity exists.

kenney v. davidson

Vermont Superior Court · Feb 29, 2024

Qualified Immunity Defendants seek dismissal on the grounds that they are protected by qualified immunity. … Thus they are not entitled to qualified immunity on a motion to dismiss.

Poston v. Unified School District No. 387

37 Kan. App. 2d 694 · Court of Appeals of Kansas · Apr 27, 2007

The District claimed that Poston’s injury occurred in an area that was close enough to the indoor gymnasium to qualify as an “open area” for purposes of recreational use immunity. … The court noted that there was an intent by the legislature to “establish a broad application of recreational use immunity.” 273 Kan. at 592 . In Robison v. State, 30 Kan.

Anastasio v. WEST ORANGE TP. PLAN. BD.

197 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Sep 10, 1984

Since the trial court at the motion to dismiss the complaint had held that the affirmative defense of qualified immunity was available, the next issue to confront the court is the one dealing with qualified immunity. … It then became the task of the Supreme Court to set guidelines for defining the scope of qualified immunity. The guidelines for the scope of qualified immunity were established in the case of Wood v.

Eastland County Cooperative Dispatch, Eastland County, and the City of Gorman v. Elnor Maxine Poyner, Individually and as Independent of the Estate of William Euell Poyner, and as Sole Heir of William Euell Poyner

Texas Court of Appeals, 11th District (Eastland) · Oct 25, 2001

The motions for summary judgment implicated the doctrines of sovereign immunity, official immunity, and qualified immunity. … Was that general prohibition the source for clearly established law which the officers violated in this case?

Gessner v. City of Union

159 Ohio App. 3d 43 · Ohio Court of Appeals · Oct 8, 2004

Subsequently, the trial court granted the motion to dismiss on the latter two grounds, but overruled the motion to the extent that it was based on Union’s qualified immunity. … .” {¶ 31} Discharge is clearly a matter that stems from an employment relationship.

Morrison-Tiffin v. Hampton

117 N.C. App. 494 · Court of Appeals of North Carolina · Jan 3, 1995

The individual defendants have asserted the defense of qualified immunity. A. Equal Protection 1. … The test for qualified immunity was set forth in Harlow v. Fitzgerald, 457 U.S. 800, 818 , 73 L.

Perry, Peary v. the City of Houston and George Greanias

Texas Court of Appeals, 1st District (Houston) · Dec 27, 2002

Government officials performing 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 have … in light of the clearly established rights.

Aitken v. Reed

89 Wash. App. 474 · Court of Appeals of Washington · Jan 16, 1998

Qualified Immunity for Section 1983 Property Interest Claim The State contends that even if Reed failed to provide Aitken a hearing as required by due process, she is protected by qualified immunity. … She is, therefore, entitled to qualified immunity on Aitken’s due process claim.

Ledvina v. Cerasani

213 Ariz. 569 · Court of Appeals of Arizona · Oct 31, 2006

reports in the public interest, a situation clearly not present here. … A qualified privilege is inadequate under the circumstances....