Case law

Opinions from 1658 to today.

Filters1795

10,000+ results

1.43s

  • Juanita CAUSEY, Plaintiff-Appellant, v. FORD MOTOR COMPANY Et Al., Defendants-Appellees

    516 F.2d 416 · Court of Appeals for the Fifth Circuit · Jul 24, 1975

    Rule 52(a), F.R.Civ.P., lays down the “clearly erroneous” test for appellate review of district court findings of fact. … In sum, the court concluded that appellant had failed to establish unlawful discrimination by the requisite evidentiary preponderance.

    Cited 92 timesPublished
  • Guider v. Smith

    431 Mich. 559 · Michigan Supreme Court · Oct 24, 1988

    clearly established at the time in question. … If the undisputed facts show that the defendant’s conduct violated no clearly established constitutional standards, qualified immunity applies as a matter of law.

    Cited 18 timesPublished
  • William J. Elliott v. William Thomas, Barbara Propst v. Morton W. Weir

    937 F.2d 338 · Court of Appeals for the Seventh Circuit · Sep 4, 1991

    Qualified immunity, we know from Mitchell , establishes a right not to be tried. When rules of law clearly establish public officials’ duty, the immunity defense is unavailable. … By sleight of hand you can turn any defense on the merits into a defense of qualified immunity.

    Cited 109 timesPublished
  • Burns v. Rekeweg

    District Court, N.D. Indiana · Dec 2, 2020

    Defendants further contend that Deputy Mendoza is entitled to qualified immunity because he did not violate Burn’s clearly-established rights. … Therefore, Mendoza is entitled to summary judgment based upon the clearly-established prong of the qualified immunity analysis.

    Cited 0 timesUnknown
  • Harold E. Sonnleitner v. Stanley York, Joann O'connor, Kathleen Bellaire, Kathy Karkula and Joe Leann

    304 F.3d 704 · Court of Appeals for the Seventh Circuit · Sep 12, 2002

    However, under the second prong of the qualified immunity analysis, Sonnleitner has failed to establish that this right was clearly established at the time of the alleged violation. … The individual defendants are entitled to qualified immunity because Sonn-leitner has failed to carry his burden of establishing the existence of a clearly established constitutional right to a pre-de-motion hearing as to

    Cited 81 timesPublished
  • Kirk v. City of Newark

    109 N.J. 173 · Supreme Court of New Jersey · Jan 25, 1988

    Thus, the qualified-immunity defense would be lost if the official knew or reasonably should have known that his or her action would violate plaintiffs clearly established constitutional rights or if he or she maliciously … For Kirk to defeat Cardillo’s assertion of the defense of qualified immunity, Kirk must show that the law was clearly established at the time of the incident.

    Cited 55 timesPublished
  • Suri

    District Court, N.D. Illinois · Jan 14, 2026

    When it comes to qualified immunity, “[a] prison official is immune from suit if the constitutional right at issue was not clearly established at the time of the violation, and thus a reasonable officer would not have known … The right to be protected from inmate-on-inmate violence was clearly established at the time of the complained-of events and has been clearly established for decades. See, e.g., Mayoral v.

    Cited 0 timesUnknown
  • Gallegos v. Freeman

    172 Wash. App. 616 · Court of Appeals of Washington · Jan 7, 2013

    Accordingly, because the particularized right at issue was not “clearly established,” the trial court correctly ruled that the police officer was entitled to qualified immunity against this claim. … In evaluating a claim of qualified immunity, we must bear in mind that *629 courts “undermine the values qualified immunity seeks to promote . .. when what is not clearly established is held to be so.” al-Kidd, 131 S.

    Cited 10 timesPublished
  • Pagan v. Fruchey

    492 F.3d 766 · Court of Appeals for the Sixth Circuit · Jun 29, 2007

    A judicial pronouncement that an ordinance is consistent with common sense hardly establishes that it is so. B. … The district court, in its order granting summary judgment in favor of the defendants, determined that Chief Fruchey was entitled to qualified immunity.

    Cited 42 timesPublished
  • Justiniano v. Walker

    986 F.3d 11 · Court of Appeals for the First Circuit · Jan 19, 2021

    Cronin, 537 F.3d 26, 34 (1st Cir. 2008) (reasoning that, even if a constitutional right has been clearly established, a defendant may nonetheless be protected by qualified immunity if a reasonable official … So now, as we leapfrog the initial elements of the qualified-immunity analysis (recall that we're assuming arguendo that the use of the pepper spray was unreasonable and Justiniano had a clearly established right to be

    Cited 58 timesPublished
  • Renfroe v. Parker

    District Court, S.D. Mississippi · Oct 28, 2020

    Ct. 1148, 1153 (2018) (reversing denial of qualified immunity)), amended in part, No. 3:18-CV-609-DPJ-LRA, 2019 WL 3806641 (S.D. Miss. Aug. 13, 2019), aff’d, 974 F.3d 594 (5th Cir. 2020). … Ct. at 1153 (reversing denial of qualified immunity where facts did not fit clearly established law). The 2020 autopsy report and expert report do not “clearly” change that result either.

    Cited 0 timesUnknown
  • Fisher v. Smith

    District Court, W.D. Texas · Jan 27, 2023

    Therefore, Fisher failed to establish a constitutional violation, and Dr. Smith is entitled to qualified immunity. … See Escobar, 895 F.3d at 393; Romero, 888 F.3d at 176 (holding that to avoid qualified immunity, plaintiff must show violation of constitutional right and right was clearly established at time of

    Cited 0 timesUnknown
  • Cassidy Jared Loch v. City of Litchfield

    689 F.3d 961 · Court of Appeals for the Eighth Circuit · Aug 27, 2012

    Qualified immunity shields a government official from liability and the burdens of litigation unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known … An official is entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to the plaintiff, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established

    Cited 104 timesPublished
  • Woods v. Adamski

    District Court, N.D. Illinois · Nov 24, 2020

    Qualified immunity “protects government officials from liability for civil damages if their actions did not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ … immunity”); Clash, 77 F.3d at 1048 (denying summary judgment on qualified immunity claim because the Court lacked the “given facts” that either do or do not show a violation of “clearly established law”); Pabon v.

    Cited 0 timesUnknown
  • Starkey Ex Rel. AB v. BOULDER COUNTY SOC. SERV.

    569 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jun 29, 2009

    Even if they had violated one of the Starkeys’ constitutional rights (in which case BCDSS might be liable), they would be protected by qualified immunity if the constitutional right had not been clearly established at the … Qualified immunity, however, is available only in suits against officials sued in their personal capacities, not in suits against governmental entities or officials sued in their official capacities. See Beedle v.

    Cited 78 timesPublished
  • Pensacola Christian College v. Bruhn

    80 So. 3d 1046 · District Court of Appeal of Florida · Dec 30, 2011

    Toyota Distribs., LLC., 60 So.3d 1155, 1157-58 (Fla. 1st DCA 2011) (“A special employer qualifies as such where ‘(1) there was a contract for hire, either express or implied, between the special employer and the employee; … Hecht Invs., Ltd., 924 So.2d 944, 945-46 (Fla. 3d DCA 2006) (holding that W-2 tax forms alone did not establish an employment relationship). Rather, as this court stated in Hoar Construction v.

    Cited 0 timesPublished
  • People of Michigan v. Robert Tuttle

    498 Mich. 192 · Michigan Supreme Court · Jul 27, 2015

    not be set aside unless clearly erroneous. … required to establish immunity.

    Cited 105 timesPublished
  • Nina Yoder v. University of Louisville

    526 F. App'x 537 · Court of Appeals for the Sixth Circuit · May 15, 2013

    The qualified-immunity doctrine shields government officials performing discretionary functions from civil liability unless their conduct violates clearly established rights. Barker v. … clearly established.

    Cited 32 timesUnpublished
  • Webb v. English

    District Court, M.D. Florida · Sep 23, 2021

    First, decisions at the district court level, like the one in Baker, are insufficient to clearly establish the law for purposes of a qualified immunity analysis. … Even so, in the context of qualified immunity, posed-but-undecided questions of constitutionality do not clearly establish a right.

    Cited 0 timesUnknown
  • Adedeji v. Hoder

    935 F. Supp. 2d 557 · District Court, E.D. New York · Mar 27, 2013

    Qualified immunity protects government officials from . civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … (2) “whether the right at -issue was ‘clearly established’ at the time of defendant’s alleged ¿misconduct.” .

    Cited 21 timesPublished

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.