Case law

McGee v. Snyder See also Supplemental Opinion Upon Denial of Rehearing - filed Nov. 7, 2001

Appellate Court of Illinois · Aug 29, 2001

Qualified Immunity Finally, defendants contend that, insofar as plaintiffs seek to recover damages, their claims are barred by the doctrine of qualified immunity. … Plaintiffs have not met their burden of showing that defendants' conduct violated any clearly established right; therefore, we hold that defendants are entitled to qualified immunity in the present case. III.

Estate of Randolph v. City of Wichita

459 P.3d 802 · Court of Appeals of Kansas · Jan 21, 2020

The immunity applies in § 1983 actions unless the government agents have violated "a federal statutory or constitutional right" and the wrongfulness of their conduct was "'clearly established at the time'" they acted. … The KTCA's adoptive immunity provision similarly does not incorporate qualified immunity.

In re Cline

230 N.C. App. 11 · Court of Appeals of North Carolina · Oct 1, 2013

“Generally, qualified immunity protects public officials from personal liability for performing discretionary functions to the extent that such conduct “ ‘does not violate clearly established statutory or constitutional rights … Cline possess a qualified immunity to make those untruthful statements with reckless disregard for the truth.”

COMMISSIONER JOE CAROLLO v. PLATINUM ADVISORS, LLC

District Court of Appeal of Florida · Feb 10, 2021

and qualified immunity. … Thus, a government official – including a city commissioner performing a legislative duty – enjoys qualified immunity from liability for civil damages so long as his or her conduct “does not violate clearly established

Jackson v. New York City Transit Authority

30 A.D.3d 289 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 2006

entitlement to qualified immunity, the defendant must demonstrate that a public planning body considered and passed upon the same question of risk as would go to a jury in the case at issue (see Ernest v Red Cr. … This is not enough to demonstrate the requisite consideration of the committee so as to entitle the Authority to qualified governmental immunity as a matter of law on this point.

Pedraza v. New York City Tr. Auth.

2022 NY Slip Op 00255 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2022

That motion was premised on the TA's position that it was entitled to qualified immunity. … Even if the TA ultimately is able to establish through the testimony of its witnesses and other evidence that it is entitled to qualified immunity, we conclude that it is not entitled under any circumstances to the shield

Fallang v. Cormier

63 Ohio App. 3d 450 · Ohio Court of Appeals · Jun 30, 1989

Clearly, under the rule enunciated in Willitzer , had appellee’s statements been made during the deposition, appellee would have been entitled to the privilege and absolute immunity. … In conclusion, appellee’s statements were entitled to immunity under both absolute and qualified privileges.

Les Eckert and Aberdeen Insurance Services, Inc. v. Jose Montemayor, in His Official Capacity as Commissioner of Insurance for the State of Texas and Texas Department of Insurance

Texas Court of Appeals, 3rd District (Austin) · Mar 31, 2005

to qualified immunity. … was “clearly established.”

Greenwood v. State

217 Ariz. 438 · Court of Appeals of Arizona · Jan 22, 2008

. § 12-820.02, entitled “Qualified Immunity,” provides: A. … to the application of qualified immunity.

McCoy v. Georgia Department of Administrative Services

326 Ga. App. 853 · Court of Appeals of Georgia · Mar 26, 2014

to establish waiver. … The same paragraph establishes an exception to the defense of sovereign immunity as “to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments

Hargrove v. Goods

953 So. 2d 968 · Louisiana Court of Appeal · Feb 28, 2007

Hargrove contends that the trial court erred in granting summary judgment finding that the firemen were entitled to qualified immunity under La. … Furthermore, there is no cause of action against the defendants as they have qualified immunity under La.

Cunningham v. State

71 A.D.2d 181 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1979

A more qualified immunity would subject a prosecutor to possible civil action with obvious harmful results. While a wronged defendant would be without civil redress, such is subordinate to the broader public interest. … Consequently, when engaged in the role of investigator, like that of a policeman, he should not enjoy absolute but only qualified immunity (Guerro v Mulhearn, 498 F2d 1249; Robichaud v Ronan, 351 F2d 533).

Rabideau v. State

391 So. 2d 283 · District Court of Appeal of Florida · Dec 4, 1980

Certainly the legislature did not intend in one breath to establish this qualification and in the next to extinguish it. … Supp. 81 (N.D.Fla. 1948), said: The evidence in the case clearly established plaintiff's right to recover for the injuries suffered by him, if this court has jurisdiction of the suit.

Julia Ellis, Individually and on behalf of Glindale Randolph (D) v. Minh Mai, M.D.

Louisiana Court of Appeal · Feb 26, 2025

Ellis argued that: (1) the statute is a qualified immunity provision that must be pled as an affirmative defense; (2) Dr. … clearly on the face of the pleadings.

Pollinger v. Loigman

256 N.J. Super. 257 · New Jersey Superior Court Appellate Division · Apr 29, 1992

Deiner, 97 N.J. 465 [ 479 A. 2d 393 ] (1984) (concluding that immunity varies in proportion to nature of official functions and range of decision-making discretion, and according qualified privilege to commissioners of municipal … While it may appear anomalous here for Pollinger to have absolute immunity, while a police officer issuing a report in a criminal investigation will be given only qualified immunity, as noted earlier, Pollinger's report was

Gain, Inc. v. Martin

485 S.W.3d 729 · Court of Appeals of Arkansas · Mar 9, 2016

her argument that Gain did not receive enough money in contributions or donations to qualify for charitable immunity. … Gain established that it was entitled to charitable immunity, and the trial court erred in denying its motion for summary judgment. We reverse and remand for further proceedings consistent with this opinion.

People v. Meegan

60 A.D.2d 961 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1978

of our immunity statutes’ (People v. … Neither made any statement qualifying or limiting such waiver. They gained no immunity, therefore, from having testified before the Grand Jury.

Guillory v. Hill

233 Cal. App. 4th 240 · California Court of Appeal · Jan 16, 2015

Defense counsel suggested below that no “clearly established law . . . says that the term search has to exclude the interviews” (italics added), and counsel similarly invokes qualified immunity on appeal because “there … And while “the right the official is alleged have violated must have been ‘clearly established’ . . . , [t]his is not to say that an official action is protected by qualified immunity unless the very action in question

Pauly v. Chang

498 S.W.3d 394 · Court of Appeals of Kentucky · Dec 11, 2015

Because Appellants have not claimed that the directors acted in bad faith, they are entitled to qualified immunity for their discretionary acts. … Clearly, such acts or omissions do not equate to palpable error.

Mercer v. Champion

139 Conn. App. 216 · Connecticut Appellate Court · Nov 20, 2012

“To overcome the presumption of sovereign immunity ... a plaintiff seeking to bring a claim against the state must establish that an exception *225 to the doctrine applies.” … Both the ADA and the Rehabilitation Act require the plaintiff to establish that he is a qualified individual with a disability.