Case law

Walden v. City of Seattle

77 Wash. App. 784 · Court of Appeals of Washington · Apr 3, 1995

In an action under § 1983, government employees, including police officers, are afforded qualified immunity under federal law unless, in the performance of discretionary duties, their conduct violated " 'clearly established … Thus, entitlement to qualified immunity may be established as a matter of law on a motion for summary judgment or for a directed verdict. Robinson v. Seattle, 119 Wn.2d 34 , 830 P.2d 318 , cert. denied, 113 S.

Weigel v. Broad

544 F.3d 1143 · Court of Appeals for the Tenth Circuit · Oct 21, 2008

Qualified immunity is an affirmative defense to an excessive force claim. … deadly force violated clearly established law.

Varney v. City of Colorado Springs, Colorado

District Court, D. Colorado · Sep 10, 2024

“In the context of a qualified immunity defense on an unlawful search or arrest claim, [the Court] ascertain[s] whether a defendant violated clearly established law by asking whether there was arguable probable cause … Holmes, 830 F.3d 1123, 1139 (10th Cir. 2016) (recognizing that the “arguable probable cause” inquiry is part of qualified immunity’s second prong—whether the law was clearly established).

Bhattacharya v. Murray, Jr.

District Court, W.D. Virginia · Jul 21, 2022

, because it was not clearly established that the filing of a professionalism concern card—what was in essence a referral for another party to consider discipline that the Plaintiff did not know about—was an adverse action … Callahan, 555 U.S. 223, 231 (2009) (“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

Leroy Duffie v. City of Lincoln

834 F.3d 877 · Court of Appeals for the Eighth Circuit · Aug 23, 2016

“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 … A state official will be shielded by qualified immunity if (1) the plaintiff fails to allege or show that the official’s conduct violated a constitutional right or (2) the constitutional right was not “ ‘clearly established

Deutsch v. Jordan

618 F.3d 1093 · Court of Appeals for the Tenth Circuit · Aug 24, 2010

But a defendant may be entitled to appeal from a denial of a motion for summary judgment based on qualified immunity. Id. Qualified immunity is an immunity “from suit rather than a mere defense to liability.” … Deutsch’s testimony was on a matter of public concern, the law to that effect was not clearly established in the summer of 2008 (thus entitling her to qualified immunity).

Puller v. Baca

781 F.3d 1190 · Court of Appeals for the Tenth Circuit · Mar 20, 2015

When a defendant asserts qualified immunity, as Detective Baca does here, the burden shifts to the plaintiff to establish (1) a violation of a constitutional right (2) that was clearly established. Id. … Ultimately, “the record must clearly demonstrate the plaintiff has satisfied his heavy two-part burden; otherwise, the defendant[] is entitled to qualified immunity.” Id.

Ashker v. Schwarzenegger

339 F. App'x 751 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

McGrath is therefore entitled to qualified immunity. See Brosseau v. … Haugen, 543 U.S. 194, 198 , 125 S.Ct. 596 , 160 L.Ed.2d 583 (2004) (holding officer entitled to immunity “[i]f the law at the time did not clearly establish that the officer’s conduct would violate the Constitution”).

Service Employment Redevelopment v. Fort Worth Independent School District

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 3, 2005

code did not clearly and unambiguously waive school district’s immunity from suit); City of Dallas v. … provides the “requisite clarity to establish a waiver of immunity from suit”). 8.

Tanner v. McMurray

989 F.3d 860 · Court of Appeals for the Tenth Circuit · Mar 2, 2021

Endorsing the district court’s conclusion that Appellees are entitled to qualified immunity under Filarsky simply because they worked for the government through a contractor would establish a de facto functional test for … qualified immunity.

Golino v. City of New Haven

761 F. Supp. 962 · District Court, D. Connecticut · Apr 18, 1991

, the issue of qualified immunity can be decided on a motion for summary judgment. … Accordingly, defendants’ motion for summary judgment on the basis of qualified immunity is denied. Whether defendants are entitled to qualified immunity is ultimately a question of law for the court to decide.

Taylor v. Barkes

25 Fla. L. Weekly Fed. S 305 · Supreme Court of the United States · Jun 1, 2015

“Qualified immunity shields government officials from civil damages liability unless the official violated a statu- tory or constitutional right that was clearly established at the time of the challenged conduct.” … Because, at the very least, petitioners were not contraven- ing clearly established law, they are entitled to qualified immunity.

Logan v. Oklahoma City Police Department

District Court, W.D. Oklahoma · Jun 12, 2024

Initially, defendants contend that they are entitled to qualified immunity on Logan’s First Amendment claims because Logan cannot show a violation of clearly established law. … “In other words, general statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.” Id.

Coggins v. Buonora

776 F.3d 108 · Court of Appeals for the Second Circuit · Jan 13, 2015

In addition to his absolute immunity claims, Buonora also challenges on appeal the district court’s denial of qualified immunity.. … Qualified immunity protects public officials from civil liability only “if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action

Omar Ex Rel. Cannon v. Lindsey

334 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Jun 26, 2003

PER CURIAM: This is an interlocutory appeal from the denial of a motion to dismiss on the grounds of qualified immunity.

Chavez v. The Board of County Commissioners of the County of Chaves

District Court, D. New Mexico · Jan 31, 2020

basis of qualified immunity.” … The individual defendants assert that they are entitled to qualified immunity because the law is not clearly established. Mot. at 19–23 (relying on Springer v. Albin, 398 F.

Davis v. State

Nevada Supreme Court · May 14, 2014

Scherer, 468 U.S. 183, 197 (1984) (concluding that a § 1983 plaintiff bears the burden of overcoming the defendant's qualified immunity by showing that his constitutional rights were clearly … We therefore conclude that the district court did not err in finding that qualified immunity applied.

James v. Cuny-John Jay College

District Court, S.D. New York · Nov 16, 2021

right that [2] was clearly established at the time of the challenged conduct.”) … immunity.

Jafet Castro-Reyes v. German Bosque

Court of Appeals for the Eleventh Circuit · Feb 6, 2026

Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory … immunity under the clearly established law of this Circuit.

White v. Pauly

26 Fla. L. Weekly Fed. S 409 · Supreme Court of the United States · Jan 9, 2017

All three officers moved for summary judgment on qualified immunity grounds. … Qualified immunity attaches when an official's conduct " 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v.