Case law

Mitchell v. Rice

954 F.2d 187 · Court of Appeals for the Fourth Circuit · Jan 10, 1992

In reviewing appellants’ qualified immunity defense, we look to substantive Eighth Amendment law as established at the time of the alleged violations. … Because the record in this case does not adequately address all the issues necessary to determine whether prison officials violated clearly established law, we cannot grant qualified immunity at this time.

Jacquelyn 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.

162373_134_01.Pdf

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.

Bessie Jones v. City of Cincinnati

736 F.3d 688 · Court of Appeals for the Sixth Circuit · Nov 29, 2012

The district court denied qualified and statutory immunity on four claims. … For the foregoing reasons, we REVERSE the district court’s denial of qualified immunity and Ohio statutory immunity.

Sydney Rieman v. Gloria Vazquez

Court of Appeals for the Ninth Circuit · Apr 2, 2024

The panel held that defendants were not entitled to qualified immunity from suit for failing to provide notice of the hearing. Ms. Rieman had a due process right to such notice and that right was clearly established. … immunity because they did not violate any clearly established constitutional rights.

McDougald v. Clagg

District Court, S.D. Ohio · Oct 5, 2021

In other words, plaintiffs must articulate why the asserted constitutional rights count as “clearly established,” or else qualified immunity bars those claims. … retaliation claim, McDougald once again waived the clearly-established prong of qualified immunity with respect to that claim.

Cleveland-Perdue v. Brutsche

881 F.2d 427 · Court of Appeals for the Seventh Circuit · Aug 4, 1989

Under the Harlow standard, qualified immunity should be granted when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In denying defendant’s qualified immunity motion, the district court concluded that Thomas v. Pate had clearly established the right at issue. This reliance was misplaced. As noted above, Thomas v.

Governmental Interinsurance Exchange v. Judge

Illinois Supreme Court · May 18, 2006

City of Aurora, 71 Ill. 2d 1, 11 (1978) (AThis court has clearly established the rule that once a governmental unit >adopts a plan in the making of public improvements,= it owes a duty to a plaintiff to maintain those improvements … AThe above regulations clearly establish that, contrary to the dissent=s statement *** a broken yellow line does indicate a passing zone.

Buckner v. Lower Florida Keys Hosp. Dist.

403 So. 2d 1025 · District Court of Appeal of Florida · Aug 11, 1981

To support a cause of action for conspiracy to defame, it is therefore incumbent upon a plaintiff to properly allege those elements which would establish a defamation, one of which is a publication. Barry College v. … Although some do not heed to the pleading requirements, it is still mandatory under established precedent that a complaint must allege ultimate facts. Ocala Loan Company v. Smith, 155 So.2d 711 (Fla. 1st DCA 1963).

Allen v. Pacheco

District Court, M.D. Florida · Dec 11, 2020

a clearly established constitutional right.’” … As Officer Suttle did not raise the qualified immunity issue for any other claims, Allen did not have a sufficient opportunity to respond regarding qualified immunity for those claims

Leah Norton v. Heather Stille

526 F. App'x 509 · Court of Appeals for the Sixth Circuit · May 13, 2013

Qualified immunity protects government officials from liability for discretionary functions performed in the course of duty so long as “their conduct does not violate clearly established statutory or constitutional rights … Stille those rights were clearly established at the time of the incident, Stille is not entitled to summary judgment on the basis of qualified immunity.

Pedro Rivera v. Don Bell

509 F. App'x 628 · Court of Appeals for the Ninth Circuit · Feb 19, 2013

The district court properly granted summary judgment on Rivera’s excessive force claim under the doctrine of qualified immunity because Rivera failed to raise a genuine dispute of material fact as to whether defendant used … Callahan, 555 U.S. 223, 231-32 (2009) (defendants were entitled to qualified immunity where there is no violation of plaintiff’s constitutional right or the right at issue was not “clearly established”).

Joni Zaya v. Kul Sood

836 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.

Morgan v. Union County

268 N.J. Super. 337 · New Jersey Superior Court Appellate Division · Nov 16, 1993

Qualified immunity shields government officials from liability for civil damages when they perform discretionary functions, unless their acts violate clearly established constitutional rights of which a reasonable person … In our view, the presentment was highly relevant respecting the defense of qualified immunity.

Gordon v. Holly Springs School District

District Court, N.D. Mississippi · Sep 27, 2021

Thomas, 843 F.3d 172, 177 (5th Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”) (quoting Mace v. … 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

Hamid Yazdianpour v. Safeblood Technologies, Inc.

779 F.3d 530 · Court of Appeals for the Eighth Circuit · Feb 27, 2015

Ct. 884, 891-92 (2011) (“Ordinarily, orders denying summary judgment do not qualify as ‘final decisions’ subject to appeal [under 28 U.S.C. § 1291].”); 28 U.S.C. § 2107(a) (requiring appeal be filed within thirty days after … As Wanlass dealt with constructive knowledge for purposes of a laches defense, it is inapposite to the issue whether Licensees can establish justifiable reliance for purposes of a fraud claim under Arkansas law.

Pastore 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.

Wilson v. Kelkhoff

86 F.3d 1438 · Court of Appeals for the Seventh Circuit · Jun 18, 1996

P. 12(b)(6), arguing that Wilson’s complaint failed to state a claim because, among other things, Brown, Moore, and Wells were entitled to absolute or qualified immunity and Kelkhoff was entitled to qualified immunity. … The question of whether a particular constitutional right is clearly established is reviewed de novo. Maltby v. Winston, 36 F.3d 548, 555 (7th Cir.1994), cert. denied, — U.S.-, 115 S.Ct. 2576 , 132 L.Ed.2d 827 (1995).

Perry v. Spencer

94 F.4th 136 · Court of Appeals for the First Circuit · Feb 21, 2024

The District Court granted summary judgment to the defendants based on qualified immunity after determining that, at the relevant time, clearly established law did not treat such prolonged solitary … immunity because the law was not clearly established at the time.

Perkins

District Court, M.D. Alabama · Feb 3, 2026

Qualified Immunity Qualified immunity shields government officials from personal liability “for civil damages insofar as their conduct does not violate clearly established … Thus, Plaintiff also must show that the right allegedly violated by Commissioner Hamm was clearly established to overcome qualified immunity.