Case law
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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 timesPublishedDistrict 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 timesUnknownThomas Hobgood v. Illinois Gaming Board
731 F.3d 635 · Court of Appeals for the Seventh Circuit · Jul 16, 2013
Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have … The defendants argue that they are immune because Hobgood did not have a clearly estab- lished right to deliver confidential information to Gnutek, but their argument is irrelevant to the issue of qualified immunity.
Cited 148 timesPublished178 F.3d 1007 · Court of Appeals for the Eighth Circuit · Jun 2, 1999
Pelletier, it stated that precedent "clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary-judgment stage is a 'final' judgment subject to immediate appeal … believed their conduct did not violate clearly established law); Miller v.
Cited 43 timesPublishedHawker v. Sandy City Corporation
Court of Appeals for the Tenth Circuit · Dec 5, 2014
“When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … But because the Supreme Court has broken down the burden of plaintiffs in a qualified immunity case into two prongs—a constitutional violation and clearly established law—courts often mistakenly grant qualified immunity to
Cited 0 timesPublished857 F. Supp. 741 · District Court, D. Hawaii · Jul 11, 1994
Common sense dictates that a right cannot be both “clearly established” and “previously undecided” for qualified immunity purposes. … established in order to deny qualified immunity.
Cited 8 timesPublished778 F. Supp. 2d 787 · District Court, E.D. Michigan · Mar 10, 2011
“Qualified immunity provides ‘that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … “was clearly established at the time of defendant’s alleged misconduct.”
Cited 0 timesPublishedPeople of Michigan v. Dametrius Benjamin Posey
Michigan Supreme Court · Jul 31, 2023
immunity rather than complete immunity applies where the prosecutor is acting as a police officer and not in the role of an advocate) (quotation marks and citation omitted). … The lead opinion does not address this important qualifier.
Cited 0 timesPublished483 U.S. 635 · Supreme Court of the United States · Jun 25, 1987
action is a violation) violates a clearly established right. … As we noted before, Harlow clearly expressed the understanding that the general principle of qualified immunity it established would be applied “across the board.”
Criticized by Guider v. Smith, 431 Mich. 559 (1988)Cited 11,979 timesPublishedDavid Mogard v. City of Milbank
932 F.3d 1184 · Court of Appeals for the Eighth Circuit · Aug 8, 2019
Id. at 523 (granting defendants qualified immunity on § 1983 First Amendment retaliation claim because it was not clearly established that plaintiff’s termination violated his First Amendment rights). … In a qualified immunity summary judgment appeal, this court may consider whether the facts viewed most favorably to the nonmovant constitute a violation of clearly established law. Id.
Cited 29 timesPublishedDistrict 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 timesUnknownEx 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 timesPublished942 F.2d 257 · Court of Appeals for the Fourth Circuit · Aug 9, 1991
The basic purposes of qualified immunity bear repeating. … This objective test involves an inquiry into whether a government official has violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.
Cited 158 timesPublishedDistrict 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 timesUnknownTown of Port Deposit v. Petetit
113 Md. App. 401 · Court of Special Appeals of Maryland · Jan 30, 1997
Whether a defendant possesses a qualified immunity is ultimately an issue of law for the court to determine. … of an absolute immunity defense or a Harlow type of qualified immunity defense; the issues would be legal ones.
Cited 36 timesPublished986 F.2d 1419 · Court of Appeals for the Fifth Circuit · Feb 17, 1993
Cited 3 timesPublishedBelsito Communications, Inc. v. Decker
845 F.3d 13 · Court of Appeals for the First Circuit · Dec 23, 2016
ISSUES INVOLVING BLACKDEN On the qualified-immunity front, our combatants battle over whether Trooper Decker violated clearly-established Fourth- and First-Amendment law. … At qualified-immunity's second step, Blackden must show that clearly-established law in August 2010 would have put Trooper Decker on clear notice of his potential First-Amendment liability.
Cited 62 timesPublishedMcKennon 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 timesUnknownBarrett 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 timesUnknownPetrello 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
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