Case law

Fasciana v. Electronic Data Systems Corp.

829 A.2d 160 · Court of Chancery of Delaware · Feb 27, 2003

As to these allegations, Fasciana is clearly being held to account for representations he made to third parties - Kidder and GECC - as an agent of EDS. … Notwithstanding the use of the term "escrow agent" it is clearly established that "[a]n escrow holder is not as such an agent of either party to the transaction until the event occurs which terminates the escrow relation.

Matson v. Hrabe

612 F. App'x 926 · Court of Appeals for the Tenth Circuit · May 22, 2015

Hrabe was entitled to qualified immunity because Mr. Matson failed to show a violation of a constitutional right that was clearly established at the time of action. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (discussing two-prong qualified-immunity test).

Parks v. Taylor

District Court, W.D. Oklahoma · Mar 23, 2022

Qualified immunity protects public officials from suit “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … For these reasons, and because “the right to be free from unduly tight handcuffing [is] ‘clearly established,’” Mr. Yerby is not entitled to qualified immunity at this stage.

Miller v. Power

District Court, D. Utah · May 7, 2025

Clearly Established Law As to the second prong of qualified immunity, it is Plaintiff’s burden to show that his rights in the circumstances were clearly established at the time of … established’ constitutional rights ‘of which a reasonable person would have known.’”165 This standard uses identical language as the standard for qualified immunity—“[t]o be considered clearly established, ‘[t]he contours

Baker v. Chaplin

517 N.W.2d 911 · Supreme Court of Minnesota · Jun 30, 1994

Id. at 396 , 109 S.Ct. at 1872 . 5 Many courts have found the law prohibiting excessive force to be clearly established *915 for qualified immunity purposes. See, e.g., Street v. … as asserted by the defendant, the defendant's actions violated clearly established law and are therefore not within the scope of the qualified immunity.

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.” .

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.

Board of Regents of State v. Snyder

826 So. 2d 382 · District Court of Appeal of Florida · Jul 19, 2002

Qualified immunity protects government actors performing discretionary functions from liability and suit for civil damages *390 unless their conduct violates clearly established federal statutory or constitutional rights. … Thus, qualified immunity in this case hinges upon whether Mr. Snyder's First Amendment right was clearly established.

Gary Orlowski v. Milwaukee County, Wisconsin

872 F.3d 417 · Court of Appeals for the Seventh Circuit · Sep 18, 2017

Defendants Not Entitled to Qualified Immunity The first question we must address is whether Alexander and Manns (“Defendants”) are entitled to qualified immun- ity. … Manns that could impact qualified immunity analysis.

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.

Public Citizen, Inc. v. Department of Justice and National Archives and Records Administration

111 F.3d 168 · Court of Appeals for the D.C. Circuit · Apr 22, 1997

The Presidential Records Act establishes an elaborate structure for the management of Presidential records. The United States retains ownership, possession and control. 44 U.S.C. § 2202 (1994). … The former President clearly qualifies as an expert on the implications of disclosure of Presidential records from his administration.

Blevins v. Hudson

489 S.W.3d 165 · Supreme Court of Arkansas · Apr 7, 2016

Qualified immunity shields government officials from liability for civil damages when they are performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … Thus, courts evaluating a claim of qualified immunity must determine whether the-plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of

W. Va. State Police, Corporal R.D. Eshbaugh v. Victoria Hughes, Administratrix

238 W. Va. 406 · West Virginia Supreme Court · Jan 26, 2017

involved conduct did not violate clearly established laws of which a reasonable official would have known.”). 7 Maston v. … The record clearly establishes that the November Troopers searched the quarry, and in that search found and recovered some of Mr. Hughes’s remains.

Puglia v. Nienhuis

District Court, M.D. Florida · Mar 31, 2023

Qualified immunity protects government officials performing discretionary functions from being sued in their individual capacities unless their conduct violates a clearly established … immunity defense, the plaintiff bears the burden of proving the existence of a clearly established right.

Jensen, Madison Jody the Estate of v. Duchesne County

District Court, D. Utah · Sep 15, 2022

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 person would have known.’” … Gomez, 745 F.3d 405, 411 (10th Cir. 2014) (“The plaintiff “bear[s] the ultimate burden of persuasion at trial to overcome qualified immunity by showing a violation of clearly established federal law.”).

Warr v. Liberatore

District Court, W.D. New York · Aug 29, 2019

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or … was ‘clearly established’ at the time of defendant’s alleged misconduct.”

RAYNER v. THE COUNTY OF CHESTER

District Court, E.D. Pennsylvania · May 6, 2025

Sept. 1, 2020) (“Because a Fourteenth Amendment procedural due process right against malicious prosecution was not clearly established in 2008—and is still not clearly established for that matter—the Court grants qualified … “If a court concludes that an officer's conduct did violate a clearly established constitutional right, then it must deny him the protection afforded by qualified immunity.” Curley, 298 F.3d at 277.

Boudjerada v. City of Eugene

District Court, D. Oregon · Mar 26, 2024

Relatedly, Defendants point out that the F&R does not include a discussion of qualified immunity as to Medary and Skinner for Plaintiffs’ Third Claim, despite qualified immunity having been raised in Defendants’ … established.

Guy v. Wyo. Dep't of Corr.

444 P.3d 652 · Wyoming Supreme Court · Jul 9, 2019

Thus, we will address the Defendants' argument that they are entitled to qualified immunity. *659 [¶19] "Qualified immunity protects government officials from civil liability if their conduct does not violate clearly established … To overcome qualified immunity, the alleged right at issue must be "clearly established," such that it is "beyond debate." See, e.g. , Dist. of Columbia v.

Kennedy v. Dexter Consolidated Schools

129 N.M. 436 · New Mexico Supreme Court · Aug 14, 2000

immunity for the strip-to-undergarments search of Randy Ford because while that search violated his rights, those rights were not “clearly established” in 1992; (2) two Defendants deserved qualified immunity because their … QUALIFIED IMMUNITY {10} All Defendants assert that qualified immunity insulates them from liability.