Case law

Gordon v. Katz

934 F. Supp. 79 · District Court, S.D. New York · Jan 17, 1996

It has also been clearly established that in order for legislative immunity to attach, the acts complained of must not only be substantively legislative but also procedurally legislative. Ryan v. … Plaintiffs argue that in order for legislative immunity to apply, accepted and established legislative procedures must be followed.

Williams v. City of Mount Vernon

428 F. Supp. 2d 146 · District Court, S.D. New York · Apr 14, 2006

Qualified Immunity 2 “The doctrine of qualified immunity shields police officers acting in their *154 official capacity from suits for damages under 42 U.S.C. § 1983 , unless their actions violate clearly-established rights … Qualified immunity can be established in three ways: (1) if defendant’s acts did not violate a clearly established constitutional right; (2) if it remains unclear as to whether an exception permitted such acts; and (3) if

Longval v. O'Toole

19 Mass. L. Rptr. 308 · Massachusetts Superior Court · Jan 28, 2005

Second, they assert that the complaint fails to allege facts constituting a violation of the plaintiffs “clearly established” rights, and that they therefore are entitled to qualified immunity. A. … Gilley, 500 U.S. 226, 232 (1991) (right must be clearly established “at the time the defendant acted” to overcome defense of qualified immunity). The standard is purely an objective one. In Harlow v.

Thomas Mahoney v. Russell Kesery

976 F.2d 1054 · Court of Appeals for the Seventh Circuit · Sep 30, 1992

But if a reasonable officer would not have believed the person had committed a crime, then the officer, whatever he did or did not believe, is acting contrary to clearly established law and therefore has no immunity. … What is true is that often the question of immunity is one of law — specifically, it is the question: what was the clearly established rule of law when the officers committed the acts for which they are being sued?

Ross v. Columbia Newspapers, Inc.

266 S.C. 75 · Supreme Court of South Carolina · Jan 22, 1976

Since we agree with the trial judge’s determination that the articles were clearly not false or defamatory, we need not reach the question of qualified privilege. … And, we have held that a sufficient defense is made out where the evidence establishes that the statement was substantially true. Dauterman v. State-Record Co., 249 S. C. 512, 154 S. E. (2d) 919 (1967).

Stepp v. Lockhart

Court of Appeals for the Tenth Circuit · Mar 3, 2026

On prong two of qualified immunity—clearly established law—the School District Defendants argue that the district court erred in relying on Goss. … Clearly established law To overcome qualified immunity for Principal Anderson and Mr. Blair, the Stepps still must show they violated clearly established First Amendment retaliation law.

Joann Cooper v. Ryan Black

503 F. App'x 672 · Court of Appeals for the Eleventh Circuit · Oct 12, 2012

When a defendant raises the defense of qualified immunity in a motion to dismiss, this court “review[s] the denial of [the] motion . . . de novo and determine[s] whether the complaint alleges a clearly established constitutional … For the same reasons Officer Black is entitled to qualified immunity for Appellees’ Fourth Amendment claims, he is also entitled to qualified immunity for the Fourteenth Amendment substantive due process claims.

Evans v. Hightower

117 F.3d 1318 · Court of Appeals for the Eleventh Circuit · Jul 25, 1997

that of negligence and Hightower was entitled to qualified immunity. … clearly established law based upon objective standards. Id.

Perkins

District Court, N.D. Alabama · Mar 31, 2026

The Supreme Court has declared that the test of “clearly established” law cannot apply at a high level of generality; instead, to deny qualified immunity, “the right the official is alleged to have violated … Dep’t of Corrections, 71 F.4th 1324, 1333 (11th Cir. 2023) (“For purposes of qualified immunity, decisions of the Supreme Court, the Eleventh Circuit, or the appropriate state supreme court can announce clearly established

Jamal Murray v. State of Ohio Dep't of Corrections

Court of Appeals for the Sixth Circuit · Mar 30, 2022

motion is based on a claim of qualified immunity.” … Heyd is entitled to qualified immunity as a matter of law We now consider the merits of the qualified-immunity defense.

Lansdell v. Miller

District Court, N.D. Mississippi · Feb 3, 2020

clearly established law.” … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established

Snider v. Jefferson State Community College

344 F.3d 1325 · Court of Appeals for the Eleventh Circuit · Sep 15, 2003

Defendants qualified immunity. … The defense of qualified immunity may be raised and addressed on a motion to dismiss and will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” Chesser v.

Leath v. Webb

323 F. Supp. 3d 882 · District Court, E.D. Kentucky · Jun 29, 2018

The officers and nurses did not have "fair warning" that their actions would violate a clearly established constitutional right, and they are entitled to qualified immunity. See Baynes v. … Because officers have "fair warning" that using force against a subdued suspect violates clearly established constitutional law, qualified immunity cannot bar Leath's claim against Webb.

Holland v. City of New York

197 F. Supp. 3d 529 · District Court, S.D. New York · Jun 24, 2016

Although the Court is permitted to determine whether a constitutional right exists before examining whether it was clearly established as part of the qualified immunity analysis, it declines to do so here. … Wright, 597 F.3d 532, 536 (2d Cir.2010) (finding the defendant prison employees entitled to qualified immunity with respect to inmate's First Amendment and RLUIPA claims because it had not been clearly established by the

Kerns v. Bader

Court of Appeals for the Tenth Circuit · Dec 20, 2011

And it proceeds to deny qualified immunity to all three defendants without pausing to address the clearly established law question. To be sure, the dissent appears very concerned by the fact that Mr. … B I disagree with the majority’s assertion that the district judge did not address the second prong of the qualified immunity analysis (the clearly established right prong).

Amy Young v. Gary S. Borders

850 F.3d 1274 · Court of Appeals for the Eleventh Circuit · Mar 16, 2017

Grawey v. Drury

567 F.3d 302 · Court of Appeals for the Sixth Circuit · May 28, 2009

Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Clearly Established Constitutional Right The next step of our qualified immunity analysis is whether the alleged violations involved a constitutional right that was clearly established at the time of the alleged misconduct

Meekison v. Voinovich

17 F. Supp. 2d 725 · District Court, S.D. Ohio · Aug 21, 1998

Meekison’s Claim Under the ADA To establish a prima facie case under the ADA, Meekison must show: (1) she was disabled within the meaning of the statute at the time of her employment; (2) she was qualified to perform the … Prima Facie Case To establish a prima facie ease under the ADEA, Meekison must show the following: a) membership in the protected class (between the ages of 40 and 70); b) that she applied and was qualified for a promotion

Miller v. Doe

214 Conn. App. 35 · Connecticut Appellate Court · Jul 26, 2022

‘‘If an official’s conduct did not violate a clearly established constitutional right . . . then he is protected by qualified immunity.’’ Walker v. Schult, supra, 126. … Our conclusion that federal law does not clearly establish the right at issue in the present case, however, does not end our qualified immunity analysis.

Ceramic Corp. of America v. Inka Maritime Corp.

1 F.3d 947 · Court of Appeals for the Ninth Circuit · Aug 6, 1993

Even where the defendant is amenable to process in the alternative forum, however, there may be “rare circumstances” in which the “remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it … Because Japan will “not permit litigation of the subject matter of the dispute,” we are confronted with one of those rare instances where the remedy 'provided by the alternative forum is *950 “clearly unsatisfactory.”