Case law

Bordelon v. Franklin Township, Unpublished Decision (12-13-2001)

Ohio Court of Appeals · Dec 13, 2001

of clearly established law and the information that he possessed. … defendant's conduct did indeed violate clearly established rights).

Segaline v. Department of Labor & Industries

199 Wash. App. 748 · Court of Appeals of Washington · Jul 17, 2017

entitled to qualified immunity. … If Alan Croft has qualified immunity as to the trespass notice he is entitled to qualified immunity for the actions that flowed from it. . . . Absent a clearly established right, Mr.

City of Hialeah v. Fernandez

661 So. 2d 335 · District Court of Appeal of Florida · Sep 27, 1995

[FN3] Once the qualified immunity defense is raised, plaintiffs bear the burden of showing that the federal "rights" allegedly violated were "clearly established." … [The officer] is entitled to qualified immunity because it was not clearly established that the amount of force used outside the restaurant was unlawful. Post, 7 F.3d at 1559-60 (citations omitted).

Artis v. Cyphers

100 Md. App. 633 · Court of Special Appeals of Maryland · Jun 8, 1994

The Mitchell Court continued, at 526, 105 S.Ct. at 2815 : “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified im *650 munity is entitled to dismissal before … judgment for the defendant on the ground that even under the defendant’s version of the facts the defendant’s conduct violated clearly established law, whether the law clearly proscribed the actions the defendant claims

Lavigne v. Forshee

307 Mich. App. 530 · Michigan Court of Appeals · Oct 28, 2014

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Thus, in the case of a police officer, qualified immunity will not apply if the officer transgresses a right that was “clearly established,” when “‘it would be clear to a reasonable officer that [her] conduct was unlawful

City of Highfill, Arkansas; Jeffery Brenaman, in His Official and Individual Capacities; And Mayor Michelle Rieff, in Her Official and Individual Capacities v. Shana Scantlin and Tammy Ridenhour

2025 Ark. App. 242 · Court of Appeals of Arkansas · Apr 23, 2025

is clearly established, and (3) raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … Under our qualified-immunity analysis, however, we agree that even if Scantlin and Ridenhour have asserted a violation of a clearly established right under the Act, they have failed to raise a genuine issue of fact as to

Junior v. Reed

693 So. 2d 586 · District Court of Appeal of Florida · Feb 20, 1997

The trial court should have sustained Commissioner Junior's claim of qualified immunity, however, because the conduct forming the basis of the complaint by the Reeds does not amount to a violation of a clearly established … To qualify as a "clearly established" right as that phrase is used in Harlow v.

D.M. v. State

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

QUALIFIED IMMUNITY 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 … Next, we consider whether this right was clearly established at the time of the alleged violation.

Price v. Davis

132 N.C. App. 556 · Court of Appeals of North Carolina · Mar 16, 1999

, and qualified immunity. … to qualified immunity.

Carter v. Cole

526 N.W.2d 209 · Court of Appeals of Minnesota · Mar 14, 1995

Normally, evaluating a claim of qualified immunity involves two inquiries: (1) “whether the plaintiff has alleged the violation of a clearly established constitutional right”; and (2) whether an officer could reasonably have … Qualified immunity ⅜ * * establishes a right not to be tried. When rules of law clearly establish public officials’ duty, the immunity defense is unavailable.

Alexander Sullivan, in His Individual and Official Capacities; City of Little Rock; And Keith Humphrey, in His Official Capacity as Chief of Police, City of Little Rock Police Department v. Kenneth Richardson

2026 Ark. App. 145 · Court of Appeals of Arkansas · Mar 4, 2026

A motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established and raised … Qualified Immunity Qualified immunity shields a government official from suit under 42 U.S.C. § 1983 if the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Stephens v. Geoghegan

702 So. 2d 517 · District Court of Appeal of Florida · Oct 17, 1997

If the public official's conduct did not violate a clearly established statutory or constitutional right, the official is immune. Here, there can be no question that the defendants satisfied their initial burden. … Because Stephens, Upman and Worlds did not violate Geoghegan's clearly established statutory or constitutional rights, as delineated in Loudermill , they are entitled to qualified immunity from his federal civil rights claim

Gallegos v. Vernier

458 P.3d 533 · New Mexico Court of Appeals · Nov 19, 2018

Comm’rs of Curry Cty., 7 2001-NMCA-065, ¶ 30, 130 N.M. 753, 31 P.3d 1027 (concluding that the 8 defendant officers were “not entitled to qualified immunity” where “the relevant 9 law was clearly established”). … We, therefore, conclude that Plaintiff has not met her burden to 10 overcome Defendant’s qualified immunity claim because she has not shown that 11 the right arguably violated was clearly established. 12 II.

Tucker v. Resha

610 So. 2d 460 · District Court of Appeal of Florida · Dec 30, 1992

Tucker asserted a claim of qualified immunity, which shields from civil liability those governmental officials performing discretionary functions, to the extent "their conduct does not violate clearly established statutory … The "objective reasonableness of an official's conduct" relating to the clearly established law is the proper standard, for "[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably

Morden v. Grand Traverse County

275 Mich. App. 325 · Michigan Court of Appeals · Aug 29, 2007

established at the time, so qualified immunity applied to damages claim). … Because there was no court precedent predating Conlon’s actions that clearly established that such actions by a psychiatrist constitute deliberate indifference, we find that Conlon was cloaked with qualified immunity for

Fort Wayne Community Schools and Jacalyn Butler v. Steffanie Haney, for next friend and minor daughter, M.H.

94 N.E.3d 325 · Indiana Court of Appeals · Feb 5, 2018

And the burden is on the plaintiff to demonstrate the violation of a clearly established right. Id. … immunity because there were clearly established doctrines at the time as to what actions a caseworker must take when conducting an investigation)

Doe v. Leach

128 N.M. 28 · New Mexico Court of Appeals · Jul 15, 1999

The defendant is entitled to qualified immunity unless the plaintiff demonstrates that the federal right so violated was a right “clearly established” at the time of the alleged violation. See Harlow v. … clearly established at the time of the alleged violation.”

Lancie v. Giles

132 Pa. Commw. 255 · Commonwealth Court of Pennsylvania · Mar 23, 1990

The present standard for determining if qualified immunity applies was first established in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), in which case the U.S. … Supreme Court stated that qualified immunity will be found if an official’s conduct does not violate clearly established rights which a reasonable person should have known. Id. at 818 , 102 S.Ct. at 2738 .

Latonya Burton v. West Virginia Division of Corrections and John and Jane Does

Intermediate Court of Appeals of West Virginia · Jun 27, 2025

Burton failed to plead that the respondents were in violation of a clearly established right. … The question as to whether an employee was acting within the scope of their employment relates to qualified immunity as follows: If the plaintiff identifies a clearly established right or law which has been

Young v. Gila Reg'l Med. Ctr.

495 P.3d 620 · New Mexico Court of Appeals · Jun 4, 2020

(2) the right was clearly established at the time of the [alleged] conduct.” … Clearly Established {19} Having found that Plaintiff has established a constitutional violation, we turn next to the question of whether the law prohibiting the search was clearly established at the time it was conducted