Case law
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District Court, W.D. New York · Feb 20, 2020
“An official is therefore entitled to immunity if his action was ‘objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.’” … Defendants advance two arguments in support of their position that they are entitled to qualified immunity: (1) they did not violate a clearly established right, and (2) they had arguable probable
Cited 0 timesUnknownJasmaine f/k/a Duane L. Fox v. Linsenby
District Court, W.D. North Carolina · Sep 13, 2021
“To determine whether an officer is entitled to qualified immunity, the court must examine (1) whether the plaintiff has demonstrated that the officer violated a constitutional right and (2) whether that right was clearly … Dolgos, 884 F.3d 172, 178 (4th Cir. 2018) (internal quotation marks omitted); see Lovelace, 472 F.3d at 199 (finding that an inmate’s RLUIPA rights were clearly established in 2002 for qualified immunity purposes).
Cited 0 timesUnknown351 Ark. 200 · Supreme Court of Arkansas · Nov 21, 2002
A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established and raised a genuine issue … The appellee officials are immune from suit in this action because they did not violate clearly established principles of law of which a reasonable person would have knowledge.
Cited 47 timesPublishedWilliam J. Harrell, Patricia Parker, and Karen Schamm v. United States of America, Ltjg Atkin
875 F.2d 828 · Court of Appeals for the Eleventh Circuit · Jun 14, 1989
Qualified Immunity A government official performing a discretionary function is entitled to qualified immunity from personal liability when the acts complained of violate no clearly established law of which a reasonable person … Moreover, appellant argues that his actions were within the limits of clearly established law, thus entitling him to immunity with respect to the constitutional torts. 2 Lt.
Cited 13 timesPublishedDistrict Court, D. Minnesota · Dec 17, 2024
In general, the doctrine of qualified immunity protects government officials from section 1983 liability “unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person … United States, 813 F.3d 689, 696 (8th Cir. 2015) (“Whether an asserted federal right was clearly established at a particular time, so that a public official who allegedly violated the right has no qualified immunity from
Cited 0 timesUnknownDistrict Court, N.D. California · Mar 11, 2024
They also argue that Gatmen and Herron are entitled to qualified immunity 16 because they carried Bell at the direction of Lieutenant Krol. … Cnty. of Orange, 364 F.3d 1107, 1112 (9th Cir. 2004) (clearly established right to be free 7 || of excessive force encompasses “well-established” right to be free of overly tight handcuffs) (citing 8 Meredith
Cited 0 timesUnknown939 F.2d 699 · Court of Appeals for the Ninth Circuit · Jul 10, 1991
The guards assert that they are entitled to the defense of qualified immunity because it was not clearly established in March 1985 that the guards’ conduct would violate Felix’s clearly established constitutional rights. … Qualified Immunity The guards argue that they are entitled to qualified immunity because they did not violate any clearly established constitutional right of which a reasonable person would have known.
Cited 58 timesPublishedHamner v. Tuscaloosa County School System
District Court, N.D. Alabama · Feb 17, 2021
James, 157 F.3d 1271, 1284 (11th Cir. 1998) (stating that “clearly established principles of law will seldom if ever suffice to strip a defendant of qualified immunity”). … violated a clearly established right, which she has not done.
Cited 0 timesUnknownReeves v. The City of Springfield
District Court, C.D. Illinois · Oct 1, 2025
right was clearly established at the time of the alleged violation. … But where the law was clearly established, both qualified immunity questions must be addressed. Id.
Cited 0 timesUnknown726 F. Supp. 466 · District Court, S.D. New York · Dec 5, 1989
The Second Circuit has clearly articulated the instances when a defendant is entitled to qualified immunity. … But see Gittens, 720 F.Supp. at 43-44 (immunity granted based on finding that in 1987 the requirement was not clearly established in this Circuit).
Cited 13 timesPublished360 Pa. Super. 539 · Supreme Court of Pennsylvania · Feb 11, 1987
With respect to Judge Hill, the law in Pennsylvania is well established that judges are absolutely immune from liability for damages when performing judicial acts, even if their actions are in error or performed with malice … Clearly such activity would have fallen within the parameters of Mr. Bala’s duties. As such, Mr. Bala is immune from suit in the instant matter under the protection of quasi-judicial immunity.
Cited 55 timesPublishedRobbins v. IOWA-ILLINOIS GAS AND ELECTRIC COMPANY
160 N.W.2d 847 · Supreme Court of Iowa · Sep 5, 1968
In determining the extent of the qualified immunity granted in the first clause of rule 141(a) the key words are “injustice or undue hardship.” Sanders v. Ayrhart, 89 Idaho 302 , 404 P.2d 589, 594 . … We are unable to determine from the interrogatory as framed whether plaintiffs seek to secure matters given absolute protection under category (2), matters given qualified immunity under category (1) or both.
Cited 6 timesPublishedPastore v. Catron County Sheriff's Office
District Court, D. New Mexico · Nov 17, 2021
Qualified Immunity The doctrine of qualified immunity protects officials from civil liability as long as they do not “‘violate clearly established statutory or constitutional … Regarding the clearly established law prong of a qualified immunity test, courts must not define the relevant constitutional right “at a high level of generality.” White v.
Cited 0 timesUnknownDistrict Court, W.D. Pennsylvania · Jun 3, 2025
In addition, Officer Brunner is entitled to qualified immunity, because he relied upon a credible report that a crime had occurred, and upon his interview with the Plaintiff, which supported his belief that a crime had … Barkes, 575 U.S. 822, 825 (2015) (“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time
Cited 0 timesUnknownMichigan 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 timesPublished525 F.3d 903 · Court of Appeals for the Ninth Circuit · May 13, 2008
Qualified Immunity The district court properly found that Flint was not personally liable for violating Levine’s due process rights based on qualified immunity. … Under the defense of qualified immunity, a government official is immune from civil damages unless his conduct violates a clearly established right of which a reasonable person would have known. Long v.
Cited 53 timesPublished672 F.3d 880 · Court of Appeals for the Tenth Circuit · Feb 23, 2012
Qualified immunity shields 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 would have … In other words, “[a]n order denying summary judgment based on qualified immunity necessarily involves a legal 3 determination that certain alleged actions violate clearly established
Cited 64 timesPublishedJeffrey C. Rahn v. Vickie Hawkins
73 F. App'x 898 · Court of Appeals for the Eighth Circuit · Aug 26, 2003
The district court found the officers were entitled to qualified immunity on the excessive-force claim and granted summary judgment to defendants on the remaining claims.1 We reverse the grant of qualified immunity, and we … We also hold that the constitutional right at issue was clearly established. See Hope v.
Cited 6 timesUnpublishedJacquelyn Wallace v. Nancy Cummings
843 F.3d 763 · Court of Appeals for the Eighth Circuit · Dec 9, 2016
The defendants moved for summary judgment, and Cummings argued that she was entitled to qualified immunity because she had shot Wallace unintentionally. … A government official is entitled to qualified immunity unless (1) the official violated a plaintiff's constitutional right and (2) that right was clearly established at the time of the violation. Pearson v.
Cited 29 timesPublished836 F.3d 800 · Court of Appeals for the Seventh Circuit · Sep 6, 2016
“The doctrine of quali- fied 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 … Bussey, then his conduct violates clearly established law under the Eighth Amendment. See Petties, slip op. at 18.
Cited 354 timesPublished
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