Case law

Smith v. BRT

363 Ark. 126 · Supreme Court of Arkansas · Jun 30, 2005

Under that analysis, 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, … qualified immunity under Ark.

Emmanuel Mervilus v. Union County

Court of Appeals for the Third Circuit · Jul 13, 2023

Kaminskas Does Not Have Qualified Immunity. After holding Mervilus’s claim against Kaminskas failed, the District Court did not address qualified immunity. … Whetzel, 256 F.3d 120, 126 n.1 (3d Cir. 2001) (reaching qualified immunity on appeal from a decision that did not reach the issue); Est. of Smith v.

Lucero v. Mathews

901 P.2d 1115 · Wyoming Supreme Court · Aug 28, 1995

Clearly Established Law Qualified immunity generally shields government officials performing discretionary functions from liability for civil damages when their conduct “ ‘does not violate clearly established statutory or … “In order to find qualified immunity, the objective legal reasonableness of a government official’s conduct is assessed in the light of the clearly established statutory or constitutional rights at the time of the action.

In Re Iacono

120 B.R. 691 · United States Bankruptcy Court, E.D. New York · Nov 2, 1990

IRAs were originally established to ease the tax burden of employees that were not covered by a qualified pension plan as well as to encourage savings for retirement. … 10), retirement or other plan established by a corporation, which is qualified under section 401 of the U.S.

City of Hialeah v. Fernandez

661 So. 2d 335 · District Court of Appeal of Florida · Sep 27, 1995

[FN3] Once the qualified immunity defense is raised, plaintiffs bear the burden of showing that the federal "rights" allegedly violated were "clearly established." … [The officer] is entitled to qualified immunity because it was not clearly established that the amount of force used outside the restaurant was unlawful. Post, 7 F.3d at 1559-60 (citations omitted).

Jared Armstrong v. Gerard Asselin

734 F.3d 984 · Court of Appeals for the Ninth Circuit · Nov 1, 2013

Defendants moved for summary judgment based on qualified immunity. … as a whole,” was obscene, and therefore the officers were not entitled to qualified immunity.

Amore v. Novarro

624 F.3d 522 · Court of Appeals for the Second Circuit · Oct 12, 2010

(3) was clearly 8 established at the time that he was arrested." … Kurtzman, 411 U.S. 192, 207-08 (1973) that petitioners are entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional

McKie v. Van Buren, County of

District Court, W.D. Michigan · Sep 27, 2019

Plaintiff argues that the Magistrate Judge properly held that the individual Defendants are not entitled to qualified immunity where any reasonable officer in the same position would have taken reasonable measures for … Fitzgerald, 457 U.S. 800, 818-19(1982) (“If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.”).

Vickey Horton Tapley v. Darrell Collins

211 F.3d 1210 · Court of Appeals for the Eleventh Circuit · May 5, 2000

Under this common-law defense, public officials sued in their individual capacities are entitled to qualified immunity when their actions do not violate “clearly established statutory or constitutional rights.” … established and deny them qualified immunity when they violate statutory rights that similarly are not clearly established.”

Rzeszewski

District Court, M.D. Pennsylvania · Mar 30, 2026

Garcia, and because no clearly established rights are at issue, Officer Rzeszewski is entitled to qualified immunity. Doc. 26 at 21—28. In opposition, Dr. … Garcia had a clearly established right to be free from arrest and prosecution absent probable cause, qualified immunity does not protect Officer Rzeszewski. Doc. 33 at 16-17.

Nikos Kidis v. Jean Reid

Court of Appeals for the Sixth Circuit · Sep 25, 2020

Fitzgerald, 457 U.S. 800, 818 (1982) (holding that government officials are generally entitled to immunity from civil damages as long as they did not “violate clearly established statutory or constitutional rights”); see … ] from raising the qualified immunity defense on appeal from a final judgment.”).

KARA B. v. Dane County

205 Wis. 2d 140 · Wisconsin Supreme Court · Nov 25, 1996

Qualified immunity does not protect public officials who have allegedly violated someone's clearly established constitutional right. Anderson v. … established law' in the qualified immunity determination.

Penate v. Kaczmarek

District Court, D. Massachusetts · Dec 7, 2018

A defendant is entitled to the protection of qualified immunity when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Hughes, 138 S.Ct. 1148, 1152 (2018) (holding that qualified immunity protected a police officer in a Fourth Amendment context because the officer’s conduct did not violate clearly established law) (quotations omitted).

Vojvodich v. Lopez

48 F.3d 879 · Court of Appeals for the Fifth Circuit · Mar 30, 1995

State officials are protected by qualified immunity for alleged constitutional torts if their conduct does not violate clearly established law effective at the time of the alleged tort.24 … The second step in the qualified immunity analysis is determining whether the constitutional rights allegedly violated were clearly established at the time the events occurred.

Davis v. State

902 N.W.2d 165 · Nebraska Supreme Court · Oct 6, 2017

To show a clearly established federal right, the U.S. … clearly established at the time of the challenged conduct.140 A court can address the two compo- nents of the qualified immunity analysis in either order.141 139 See Harlow v.

Virden v. Roper

302 Ark. 125 · Supreme Court of Arkansas · Apr 23, 1990

The appealability of a denial of summary judgment based on qualified immunity from suit is clearly established. Robinson v. Beaumont, supra; Mitchell v. Forsyth, 472 U.S. 511 (1985); and see Cohen v. … They maintain in the alternative if a violation of a constitutional right occurred, it is not a “clearly established” right and, hence, appellants are entitled to qualified immunity under Mitchell, supra.

Petsche v. Hruby

District Court, N.D. Ohio · Mar 26, 2025

The Individual Defendants assert qualified immunity on the § 1983 claims and statutory immunity under Chapter 2744 on the state law claim. … was clearly established at the time of the defendant’s alleged misconduct.”).

Guerrero Ex Rel. Guerrero v. Alaska Housing Finance Corp.

123 P.3d 966 · Alaska Supreme Court · Nov 4, 2005

They therefore qualify as immune under Alaska’s planning-operational test of discretionary function immunity. 76 We have reached the same conclusion regarding the construction of pedestrian overpasses 77 and other highway … would bar the claim unless the project at issue — here, the A/C traffic couplet — was governed by clearly established standards that mandated their installation.

Mumm v. Mornson

708 N.W.2d 475 · Supreme Court of Minnesota · Jan 10, 2006

rights was not clearly established. … To avoid application of qualified immunity, the law regarding Mornson’s right to be free from the unreasonable use of force must have been clearly established at the time of the pursuit.

Wilmot v. Tracey

938 F. Supp. 2d 116 · District Court, D. Massachusetts · Mar 28, 2013

“The doctrine of qualified 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 … “[T]he second, ‘clearly established’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado, 568 F.3d at 269 .