Case law
Opinions from 1658 to today.
10,000+ results
6.24s
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
Cited 12 timesPublishedCason 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 timesUnpublished444 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.
Cited 5 timesPublishedDistrict Court, S.D. Ohio · Nov 30, 2020
“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232. … The right to be free from arrest without probable cause was clearly established in 2016 for purposes of a qualified immunity analysis. See, e.g., Radvansky v.
Cited 0 timesUnknown179 F.3d 996 · Court of Appeals for the Sixth Circuit · Jun 9, 1999
Overview 10 The defense of qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates "clearly established statutory … established prior to 1996 in order to preclude a finding of qualified immunity.
Cited 24 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 timesPublishedDistrict Court, M.D. Tennessee · Apr 16, 2025
the unlawfulness of their conduct was ‘clearly established at the time.’” … Evans, 90 F.4th 541, 548 (6th Cir. 2024) (the defendant is entitled to qualified immunity because the plaintiff’s cursory briefing makes no attempt to meet his burden of showing that the defendant violated his clearly
Cited 0 timesUnknownDistrict Court, D. New Jersey · Aug 7, 2024
But even if this were addressed, it is not clear that the Plaintiff could get over the qualified immunity hurdle here. … (1) violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”)
Cited 0 timesUnknownDistrict 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 timesUnknownBRYHEIM JAMAR BASKIN VS. RAFAEL MARTINEZ (L-0901-14, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 14, 2018
"The doctrine of qualified immunity operates to shield 'government officials performing discretionary functions generally . . . from liability for civil damages insofar as their conduct does not violate clearly established … Ct. 1765, 1776 (2015) ("Qualified immunity is no immunity at all if 'clearly established' law can simply be defined as the right to be free from unreasonable searches and seizures.").
Cited 0 timesUnpublished92 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 timesPublishedKennedy 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 timesPublished592 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 timesPublishedDistrict 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 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 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 timesPublished350 Ark. 114 · Supreme Court of Arkansas · Sep 26, 2002
Qualified Immunity 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 … Thus, an official is immune from suit if his actions did not violate clearly established principles of law of which a reasonable person would have knowledge. Virden v.
Cited 22 timesPublishedRAYNER 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. Minnesota · Dec 14, 2018
See Pearson, 555 U.S. at 237 (encouraging courts to decide qualified immunity defenses on the “clearly established “prong” when “it is plain that a constitutional right is not clearly established but far from obvious whether … judgment in a qualified immunity case.”
Cited 0 timesUnknownSallenger, Mary v. Oakes, Brian
Court of Appeals for the Seventh Circuit · Jan 10, 2007
If the right was clearly estab- lished, the government actor is not entitled to qualified immunity. … If the right was not clearly established, the officers are still entitled to qualified immunity.
Cited 0 timesPublished
Ask Donna