Case law

Opinions from 1658 to today.

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1.83s

  • David Hopper v. Phil Plummer

    887 F.3d 744 · Court of Appeals for the Sixth Circuit · Apr 12, 2018

    Qualified immunity shields public officials from civil liability under 42 U.S.C. § 1983 unless their actions violate clearly established rights “of which a reasonable person would have known.” Harlow v. … was clearly established at the time of the challenged conduct.”

    Cited 139 timesPublished
  • Jack v. County of Stanislaus

    District Court, E.D. California · Jan 14, 2020

    Qualified Immunity 18 Qualified immunity applies when an official's conduct does not violate clearly established 19 statutory or constitutional rights of which a reasonable … City of Roseville, 882 F.3d 843, 856-57 (9th Cir. 2018) (noting that Ninth Circuit 3 precedent is sufficient to meet the “clearly established” prong of qualified immunity).

    Cited 0 timesUnknown
  • Spencer v. Pistorius

    605 F. App'x 559 · Court of Appeals for the Seventh Circuit · Mar 25, 2015

    Beyond this, the court added, the undisputed evidence establishes that the two officers had acted reasonably and thus were entitled to qualified immunity. II. … As a fallback these defendants invoke qualified immunity, but their argument is feeble.

    Cited 4 timesPublished
  • Ex Parte Juan Antonio Molina Valencia v. .

    Texas Court of Appeals, 4th District (San Antonio) · Apr 17, 2024

    App. 2013) (“[A]n issue of first impression can sometimes qualify for mandamus relief when the factual scenario has never been precisely addressed but the principle of law has been clearly established.”). … ); Weeks, 391 S.W.3d at 122 (holding mandamus relief is available if “the principle of law has been clearly established”).

    Cited 0 timesPublished
  • Washington Suburban Sanitary Commission v. Bowen

    410 Md. 287 · Court of Appeals of Maryland · Aug 26, 2009

    Although Dawkins did not expressly delineate legislative immunity, such immunity claims clearly fall within the language in Dawkins of “any other type of immunity.” … When a qualified immunity claim is not defeated by malice or some other factor which might defeat qualified immunity, the two types of immunity claims are the same and are reviewable on appeal from an adverse final judgment

    Cited 18 timesPublished
  • Derrick Bunkley v. City of Detroit, Mich.

    902 F.3d 552 · Court of Appeals for the Sixth Circuit · Aug 29, 2018

    Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights of which a reasonable person would … was clearly established.

    Cited 89 timesPublished
  • Bowden v. Snider

    District Court, M.D. Florida · Dec 23, 2024

    What is more, the defendants are not entitled to qualified immunity. … Cortesluna, 595 U.S. 1, 5 (2021) (A right is clearly established for purposes of qualified immunity “when it is sufficiently clear that every reasonable officer would have understood that what he is doing violates that

    Cited 0 timesUnknown
  • Barrett v. City of Pelahatchie, Mississippi

    District Court, S.D. Mississippi · Mar 17, 2023

    Unless the public official’s conduct violated a clearly established constitutional right, he is cloaked with qualified immunity. (citing Anderson v. Creighton, 483 U.S. 635, 640 (1987)). … to “rebut this defense by establishing that the official's allegedly wrongful conduct violated clearly established law.”).

    Cited 0 timesUnknown
  • Hunter v. Smith

    District Court, E.D. Texas · Aug 14, 2025

    As plaintiff failed to present competent summary-judgment evidence showing that defendants violated a clearly established constitutional right, the magistrate judge found that defendants were entitled to qualified … Fite, 47 F.4th 402, 408 (5th Cir. 2022) (granting qualified immunity when plaintiff “fails to iden- tify a single case to support” a clearly established right (quotation marks omitted)).

    Cited 0 timesUnknown
  • Pugh v. Mooney

    District Court, M.D. Pennsylvania · Jul 23, 2024

    Pugh also cites several cases discussing qualified immunity to argue that sovereign immunity does not apply. These cases are inapposite. Sovereign immunity and qualified immunity are distinct concepts. … Children & Youth Servs., 577 F.3d 186, 191 (3d Cir. 2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established

    Cited 0 timesUnknown
  • STILE v. HOLLINGSWORTH

    District Court, D. New Jersey · Jan 29, 2021

    assuming Plaintiff’s allegations to be true and determining whether the claim was supported by clearly established law. … Ed. 2d 463 (2017) (explaining that clearly established law, for purposes of qualified immunity, must make apparent the unlawfulness of the conduct that violates the Constitution).

    Cited 0 timesUnknown
  • Rocky Lynn Thompson v. Timothy Zimmerman and D.F. Peninger, Benton County Jailors, in Their Official and Individual Capacities

    350 F.3d 734 · Court of Appeals for the Eighth Circuit · Dec 1, 2003

    We further conclude that the constitutional right asserted by Thompson — the right to be free from excessive force — was clearly established on the date of Thompson’s arrest and alleged beating. See Guite v. … Accordingly, we reverse the district court’s grant of summary judgment based on qualified immunity, and remand for further proceedings consistent with this opinion.

    Cited 13 timesPublished
  • Petrello v. City of Manchester, et al.

    2017 DNH 053 · District Court, D. New Hampshire · Mar 21, 2017

    of particular conduct is clearly established.’” … Officer Brandreth argues that he is entitled to qualified immunity on this claim because any First Amendment right he allegedly violated was not clearly established at that time.

    Cited 0 timesPublished
  • Scott v. Quigley

    District Court, D. Nevada · Apr 29, 2025

    While the Court decides 17 as a matter of law the “clearly established” prong of the qualified immunity analysis, only 18 the jury can decide the disputed factual issues. See Morales v. … Cal. 25 2012) (police officer entitled to qualified immunity because constitutional informational 26 privacy right was not clearly established); O'Phelan v.

    Cited 0 timesUnknown
  • Butler v. Woods

    District Court, N.D. California · Nov 28, 2022

    Qualified Immunity. Finally, the defendants argue that Bellas and Woods are protected by qualified immunity. … Epps, 659 F.3d 440, 447 (Sth Cir. 2011) (analyzing, as part of qualified immunity, whether the defendant’s “failure to promulgate [a] policy was objectively unreasonable in light of clearly established law”).

    Cited 0 timesUnknown
  • Nunez v. Simms

    341 F.3d 385 · Court of Appeals for the Fifth Circuit · Jul 30, 2003

    alleged the violation of a clearly established federal constitutional right. … The plaintiff's showing of a violation of a clearly established constitutional right is a “prerequisite” to overcoming the qualified immunity defense; failure to do so obviates the need to address the

    Cited 30 timesPublished
  • McKennon v. District Attorney's Office (Lawrenceburg, TN)

    District Court, M.D. Tennessee · May 31, 2023

    Qualified Immunity Qualified immunity protects government officials from civil damages “unless (1) they violated a federal statutory or constitutional right, and (2) the … unlawfulness of their conduct was clearly established at the time.”

    Cited 0 timesUnknown
  • Andre Johnson v. Jeremy Moseley

    790 F.3d 649 · Court of Appeals for the Sixth Circuit · Jun 2, 2015

    Page 2 of clearly established federal law. … “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.” Mitchell v.

    Cited 277 timesPublished
  • Lennox v. Miller

    968 F.3d 150 · Court of Appeals for the Second Circuit · Jul 29, 2020

    Officers Miller and Clarke contend that because their actions did not violate “clearly established law,” the district court erred in denying them qualified immunity at this juncture. … “There are therefore two steps to the qualified immunity analysis: first, whether the plaintiff established that his constitutional rights were violated, and second, whether the right at issue was ‘clearly established’

    Cited 64 timesPublished
  • Kenneth L. Erickson v. United States of America Bryon Simon Douglas Hebert Kenneth Ingleby Charles Hill

    976 F.2d 1299 · Court of Appeals for the Ninth Circuit · Oct 7, 1992

    In addition, the individually named defendants would be qualifiedly immune as there was no clearly established constitutional principle prohibiting the acts alleged by the plaintiff.” … We have divided the qualified immunity analysis into three inquiries: (1) the identification of the specific right allegedly violated; (2) the determination of whether that right was so “clearly established” as to alert a

    Cited 21 timesPublished

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