Case law
Opinions from 1658 to today.
10,000+ results
4.18s
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.
Cited 0 timesUnknown92 F.4th 615 · Court of Appeals for the Sixth Circuit · Feb 8, 2024
The court’s analysis of the state defendants’ qualified-immunity defense, however, failed to assess whether those constitutional rights were clearly established at the time of the violations. … clearly established law).
Cited 16 timesPublished28 F.3d 991 · Court of Appeals for the Ninth Circuit · Jul 6, 1994
Indian affairs, clearly intended to authorize such suits. … district, established by ... the United States"); Pennsylvania v.
Cited 0 timesPublished575 S.W.3d 111 · Supreme Court of Arkansas · Jun 6, 2019
Public officials are entitled to qualified immunity from damages under Section 1983 unless they transgress "clearly established statutory or constitutional rights of which a reasonable person would have known." … Banks is entitled to qualified immunity unless (1) the facts alleged, construed in a light most favorable to Jones, establish a violation of a constitutional or statutory right, and (2) the right was clearly established at
Cited 25 timesPublished319 Mont. 269 · Montana Supreme Court · Jan 28, 2004
Did the District Court err in granting Defendant Capp qualified immunity on the basis that it was not clearly established at the time of Losleben’s discharge from employment that the Fourteenth Amendment’s Equal Protection … , Capp was entitled to qualified immunity
Cited 12 timesPublishedThe Estate of Gary Brannon v. Franklin
District Court, M.D. Alabama · Sep 6, 2024
Qualified immunity immunizes Sheriff Franklin from liability if the Second Amended Complaint fails to state a violation of a “clearly established statutory or constitutional right[] of which a reasonable person would have … “It is therefore appropriate for a district court to grant the defense of qualified immunity at the motion to dismiss stage if the complaint ‘fails to allege the violation of a clearly established constitutional right.’
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 1, 2025
of showing that the 27 rights allegedly violated were ‘clearly established.’” … constitutes an Eighth Amendment violation, defendant is entitled 12 to qualified immunity. 13 Qualified immunity protects “all but the plainly 14 incompetent or those who knowingly
Cited 0 timesUnknownDistrict Court, N.D. California · Mar 23, 2021
was “clearly established” at the time of the alleged misconduct. … 27 Fever spores—was not clearly established at the time”); Horton v.
Cited 0 timesUnknownRAYNER 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.
Cited 0 timesUnknownDistrict 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.
Cited 0 timesUnknownCason Cunningham v. Norm Kramer
Court of Appeals for the Ninth Circuit · Jun 13, 2019
Baldwin, 109 F.3d 557, 560-61 (9th Cir. 1997) (dismissal on the basis of qualified immunity). We affirm. … See Ashcroft v. al- Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v.
Cited 0 timesUnpublishedKennedy 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.
Cited 61 timesPublishedWillie Dean, Jr. v. Johnnie Jones
984 F.3d 295 · Court of Appeals for the Fourth Circuit · Jan 4, 2021
And even if there had been an Eighth Amendment violation, according to the officers, they were entitled to qualified immunity because that violation was not “clearly established” in 2015. … were lawful in light of clearly established law.’”
Cited 108 timesPublishedCity of Fayetteville v. Romine
373 Ark. 318 · Supreme Court of Arkansas · May 1, 2008
violation, demonstrated the constitutional right is clearly established, and raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … his conduct violated that clearly established right.
Cited 33 timesPublishedDistrict Court, N.D. Texas · Jan 4, 2022
Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”
Cited 0 timesUnknown592 F.3d 820 · Court of Appeals for the Eighth Circuit · Jan 4, 2010
Only rulings in Supreme Court decisions issued before the state court acts are considered clearly established federal law, id. at 412 , 120 S.Ct. 1495 , for a state court does not act contrary to or unreasonably apply clearly … Losh disagrees, arguing that Jimenez merely applied an "old rule," which was clearly established federal law at the time her case was decided.
Cited 9 timesPublishedRobert Harper v. County of Delaware
Court of Appeals for the Third Circuit · Aug 12, 2019
And for qualified immunity purposes, 3 The individual defendants argued below that they were entitled to qualified immunity. … The Municipal Defendants Our conclusion that the right Harper claims was not clearly established does not resolve his claims against the municipal defendants, which cannot assert a qualified immunity defense to
Cited 0 timesUnpublishedMaurice Moore v. Dr. John Duffy
255 F.3d 543 · Court of Appeals for the Eighth Circuit · Jul 6, 2001
Duffy’s conduct was not objectively reasonable under clearly established law. Dr. Duffy contends on appeal that he is entitled to qualified immunity. … 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 known
Cited 45 timesPublishedDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknown280 Mont. 378 · Montana Supreme Court · Dec 30, 1996
s qualified immunity claim. … Because we hold that Boreen’s property interest in her employment was not clearly established in April of 1990, we need not reach the second prong of the Harlow test for granting qualified immunity.
Cited 8 timesPublished
Ask Donna