Case law

Mojica Carrion v. Wetzel

District Court, M.D. Pennsylvania · Jul 13, 2023

Defendants argue that Mojica Carrion’s claims are barred by qualified immunity because the constitutional right which he contends was violated was not clearly established until after the incident underlying his lawsuit … clearly established by Procunier); Martin v.

Lowrance v. Achtyl

20 F.3d 529 · Court of Appeals for the Second Circuit · Mar 29, 1994

immunity. … That burden having been met, the burden then shifted to the defendants to establish that Aehtyl would have issued the report in the absence of the improper reason.

Torres v. Madrid

District Court, D. New Mexico · Jun 10, 2021

Casper, 507 F.3d 1260, 1265 (10th Cir. 2007) (“[I]t is well established that limited discovery may be necessary to resolve qualified immunity claims on summary judgment.”). … of the defendant’s qualified immunity assertion.”

Patrick Booker v. South Carolina Department of Corrections

855 F.3d 533 · Court of Appeals for the Fourth Circuit · Apr 28, 2017

Qualified immunity protects officials “who commit constitutional violations *538 but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Id. … established law for purposes of adjudging entitlement to qualified immunity.”

Moore v. Vega

371 F.3d 110 · Court of Appeals for the Second Circuit · Jun 10, 2004

entitlement to qualified immunity. … : qualified immunity protects that officer unless' his performance was in violation of clearly established law, or was plainly incompetent.

Abby Martin v. Chancellor for The Board of Regents of The University System Georgia

Court of Appeals for the Eleventh Circuit · Jun 22, 2023

Cannon, 174 F.3d 1271, 1288 n.11 (1999) (“This Circuit has held that dicta cannot clearly establish the law for qualified immunity purposes.”); Hamilton v. … For a broad, clearly established principle to prevent qualified immunity from applying, “the principle must be established with ‘obvious clarity’ by the case law so that ‘every objectively reasonable

Manetta v. County of Macomb

955 F. Supp. 771 · District Court, E.D. Michigan · Feb 12, 1997

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982) (qualified immunity shields government officials performing discretionary functions from liability under § 1983 unless their conduct violates clearly … ; rather, they are subject to only qualified immunity).

Brown v. Department of the Navy

493 U.S. 831 · Supreme Court of the United States · Oct 2, 1989

Cuevas v. De Roco

531 F.3d 726 · Court of Appeals for the Ninth Circuit · Jun 27, 2008

Qualified Immunity Deputy Starr nonetheless contends that he is protected by qualified immunity. … Moreover, Deputy Starr is not protected by qualified immunity.

Wilansky v. Bakke

District Court, D. North Dakota · Apr 3, 2024

Accordingly, the individually-named Defendants are entitled to qualified immunity on Claim One of the Amended Complaint. See Jones v. … McNeese, 675 F.3d 1158, 1161 (8th Cir. 2012) (when deciding qualified immunity, the Court looks to (1) whether a constitutional violation has been adequately pled and (2) whether the right was clearly established at the

Doubleday v. Ruh

93 Daily Journal DAR 9706 · District Court, E.D. California · Jun 11, 1993

As clearly held by In Re California Public Utilities Com’n, 892 F.2d 778, 781 (9th Cir.1989), the work product immunity cannot be claimed by one who would ordinarily hold the right to assert the immunity 5 unless that person … Assertion of work product is not assertion of a privilege, but rather assertion of a qualified immunity. Admiral Ins v. U.S.D.C. (Ariz.), 881 F.2d 1486, 1494 (9th Cir.1989).

Zamsky v. Hansell

933 F.2d 677 · Court of Appeals for the Ninth Circuit · May 17, 1991

The cost of establishing the defense of qualified immunity is simply part of the price of having a viable remedy for constitutional violations; it is not a sufficient reason, in and of itself, for finding governmental actors … After all, officials who don’t violate clearly recognized rights will be entitled to qualified immunity — and will not be liable — regardless of how this case is decided.

Schultz v. Braga

290 F. Supp. 2d 637 · District Court, D. Maryland · Nov 13, 2003

Thus, “unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … In ruling on a defense of qualified immunity, a court must (1) identify “the specific right allegedly violated”; (2) determine “whether at the time of the alleged violation the right was clearly established”; and (3) if so

Glik v. Cunniffe

655 F.3d 78 · Court of Appeals for the First Circuit · Aug 26, 2011

qualified immunity, as it did not -- and could not -- assert such a defense. … Was the Right to Film Clearly Established? Though the "clearly established" inquiry does "not require a case directly on point," al-Kidd, 131 S.

Baker v. Airguide Manufacturing, LLC

151 So. 3d 38 · District Court of Appeal of Florida · Oct 29, 2014

Based on the changes to her testimony, Baker argued that there was a genuine dispute over material facts whether Airguide possessed the requisite degree of control over Baker to establish Airguide’s immunity under the … Thus, an employer can establish its right to workers’ compensation immunity by either meeting the three-prong test for common law “borrowed servant” immunity or by establishing that the injured employee came from a “help

Shabazz v. Cole

69 F. Supp. 2d 177 · District Court, D. Massachusetts · Jun 25, 1999

Qualified immunity exists insofar as defendants’ “ ‘conduct does not violate clearly established statutory or constitutional law of which a reasonable person would have known.’ ” Elliott v. … Thus, where the supervisor is not directly involved in the underlying violation, “the ‘clearly established’ prong of the qualified immunity inquiry is satisfied when (1) the subordinate’s actions violated a clearly established

Trujillo v. Central New Mexico Correctional Facility

District Court, D. New Mexico · Aug 19, 2021

Qualified immunity law Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights … Turning to the second prong of the qualified immunity analysis, Plaintiff does not cite any law supporting the claims in the complaint, much less clearly established law.

Levine v. City of Eureka Springs, Arkansas

District Court, W.D. Arkansas · Dec 29, 2017

Featherstone are each entitled to qualified immunity from Mr. Levine’s claims against them in their individual capacities. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”

Bogle v. Department of Mental Health and Addiction Services

District Court, D. Connecticut · Jun 27, 2025

Hyatt should not be shielded by qualified immunity. The Court agrees. As to the first prong of the qualified immunity analysis, Ms. … App'x 533, 535 (2d Cir. 2004) (dismissing qualified immunity appeal because employee's right to be free from racially discriminatory imposition of a probationary period was clearly established in 2004)); DiLegge v.

Krzywkowski v. Mohr

District Court, S.D. Ohio · May 28, 2025

“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 established statutory … on grounds of qualified immunity.