Case law

Integrated Resources Equity Corp. v. Fairbanks North Star Borough

799 P.2d 295 · Alaska Supreme Court · Sep 7, 1990

Sutro & Co., 646 P.2d 715, 721 (Utah 1982) (university trustees’ investment decisions held to be discretionary and thus protected by the rule of qualified immunity). … We are thus unable to conclude that Helms and Wortman violated clearly established law.

Cojocaru v. City University of New York

District Court, S.D. New York · Apr 29, 2021

Further, the Individual CUNY Defendants intend to argue that they are entitled to qualified immunity and “[u]ntil the threshold issue of qualified immunity has been decided, “discovery should not be allowed.” … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

Martin v. Heideman

106 F.3d 1308 · Court of Appeals for the Sixth Circuit · Feb 14, 1997

Because most legal rights are “clearly established” at some level of generality, immunity would be impossible to obtain if a plaintiff were required only to cite an abstract legal principle that an official had “clearly” … Auger, 842 F.Supp. 25 (D.Me.1994)(cries of pain caused by too-tight cuffs; qualified immunity denied).

Stanley R. Palowsky, III, Individually, and on Behalf of Alternative Environmental Solutions, Inc. v. Allyson Campbell

Supreme Court of Louisiana · Jun 26, 2019

Fitzgerald, 457 U.S. 800, 815-19, 102 S.Ct. 2727, 2736-39, 73 L.Ed.2d 396 (1982) (allegations of malice are insufficient to overcome qualified immunity). … Conduct, clearly recognizes the dichotomy between adjudicative and administrative duties.

Vincent Henderson Daryelle Rexrode John Calella v. Stuart O. Simms Richard Lanham, Sr. William O. Filbert

223 F.3d 267 · Court of Appeals for the Fourth Circuit · Jul 28, 2000

The district court dismissed Appellants’ suit on the ground of qualified immunity, reasoning that Appellees did not violate Appellants’ clearly established constitutional rights under the Fourth or Fourteenth Amendment. … To that end, qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional

Sharrar v. Felsing

128 F.3d 810 · Court of Appeals for the Third Circuit · Oct 24, 1997

QUALIFIED IMMUNITY A. … To prevail on their qualified immunity claim,--a claim not reached by the district court--defendants must show that their conduct did not violate a clearly established constitutional right of which a reasonable officer would

McIntosh Ex Rel. Estate of McIntosh v. Smith

690 F. Supp. 2d 515 · District Court, S.D. Texas · Feb 2, 2010

Qualified Immunity “[government officials performing discretionary functions generally are shielded from liability for civil damages [by qualified immunity] insofar as their conduct does not violate clearly established statutory … and the then clearly established law.

Hawkins v. Steingut

829 F.2d 317 · Court of Appeals for the Second Circuit · Sep 18, 1987

We hold that defendants did not violate any of Hawkins’ clearly-established federal rights by failing to reappoint him, and therefore the individual defendants are entitled to qualified immunity as a matter of law. … The court found that the individual Board members were not entitled to qualified immunity from suit, apparently on the theory that Hawkins had a clearly-established first amendment right not to be terminated from his job

Mallett Jr. v. Goines

District Court, S.D. Texas · Nov 22, 2021

This second prong of the qualified immunity analysis involves “two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, whether the conduct … City of Arlington, Texas, 16 F.4th 1159 (Sth Cir. 2021) (affirming the dismissal of claims based on qualified immunity when “the plaintiffs failed to identify any clearly established law that would place beyond doubt the

Erika Mabes v. Angela McFeeley

Court of Appeals for the Seventh Circuit · Apr 28, 2025

Both sets of defendants invoked qual- ified immunity, contending that their actions did not violate the Mabeses’ clearly established rights. … Thompson’s en- titlement to qualified immunity naturally follows from the Mabeses’ failure to carry their “burden of demonstrating the violation of a clearly established right.” Forman v.

David C. Skrtich v. Timothy Alvin Thornton

Court of Appeals for the Eleventh Circuit · Jan 29, 2002

established law” of excessive force on its head and changes the purpose of qualified immunity in excessive force cases from one of protection for the legitimate use of force into a shield for clearly illegal conduct. … Layne, 526 U.S. 603, 615 (1999) (“‘clearly established’” for purposes of qualified immunity does not mean that “‘an official action is protected by qualified immunity unless the very action in question has previously been

Juan Shelton v. Brian Stevens

964 F.3d 747 · Court of Appeals for the Eighth Circuit · Jul 9, 2020

The district court ruled that all officers except Stevens were entitled to qualified immunity. … Even so, to defeat Stevens’s defense of qualified immunity, Shelton must demonstrate that his right to be free from this particular use of force was clearly established at the time of the incident.

Porter v. Epps

659 F.3d 440 · Court of Appeals for the Fifth Circuit · Sep 28, 2011

in light of clearly established law at the time of the violation. … We further noted that “the subjective deliberate indifference standard serves only to demonstrate the clearly established law in effect at the time of the incident.” Id. Here, we are concerned with qualified immunity.

O'MALLEY v. Sheriff of Worcester County

415 Mass. 132 · Massachusetts Supreme Judicial Court · May 4, 1993

To overcome the defendants’ qualified immunity, the plaintiffs must show that the defendants directly participated in violating the plaintiffs’ “clearly established” rights. Anderson v. … We hold that, as a matter of law, the plaintiffs’ allegations do not defeat the Commissioner’s qualified immunity.

People of Guam v. ELIGIO ADRIATICO

Supreme Court of Guam · Dec 13, 2024

Md. 1976) (applying Kastigar, stating, “The legislative history of this statute clearly reveals a congressional intent that a ‘statutory (claim of immunity) . . . be as broad as, but no broader than, the privilege against … [58] Here, the established principles of federal law dictate a result—the alleged unconstitutional action does not fall below a federal floor.

Mathers Ex Rel. J.S.J. v. Wright

636 F.3d 396 · Court of Appeals for the Eighth Circuit · Apr 11, 2011

A state official sued in her individual capacity is entitled to qualified immunity so long as her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … We next consider whether the equal protection right at issue was clearly established.

Nichols v. Lewis Grocer

138 F.3d 563 · Court of Appeals for the Fifth Circuit · Apr 3, 1998

Louisiana Office of Community Services, 47 F.3d 1438, 1444 (5th Cir. 1995) (“A factfinder can infer pretext if it finds that the employee was ‘clearly better qualified’ (as opposed to merely better or as qualified) than … Assuming arguendo that Nichols was indeed prepared to handle the rigors of the night perishables supervisor position, her listed “qualifications” nevertheless do not establish her to be ‘clearly better qualified’ for it

Anders v. Cuevas

District Court, E.D. Michigan · Oct 8, 2019

They did not argue that Plaintiffs failed to establish a constitutional violation or that Sollars did not violate a clearly established constitutional right. See Rondigo, L.L.C. v. … that violated clearly established law.’”).

Anmarie Calgaro v. St. Louis County

919 F.3d 1054 · Court of Appeals for the Eighth Circuit · Mar 25, 2019

Nor is it clearly established that parents have a constitutional right to manage all details of their children’s education or to obtain consultation with school officials on everyday … Because existing precedent does not clearly establish the rights that Calgaro asserts, Johnson is entitled to qualified immunity. Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011).

Patterson v. Oakes

District Court, E.D. Texas · Mar 30, 2023

immunity without first addressing whether the violation of the right alleged was clearly established. … In their qualified immunity argument, Defendants assert that Plaintiff has not set out a violation of a clearly established constitutional right.