Case law

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.”

Williams v. Kentucky

24 F.3d 1526 · Court of Appeals for the Sixth Circuit · May 26, 1994

qualified immunity issues. … Defendants are not entitled to qualified immunity on Williams’ First Amendment claim. It was clearly established that the speech Williams cites as the reason for her demotion addressed matters of public concern.

Rouse v. Florio

District Court, D. Maryland · Sep 30, 2019

The doctrine of 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 … established at the time for qualified immunity purposes).

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.

Williams v. City & County of Denver

99 F.3d 1009 · Court of Appeals for the Tenth Circuit · Nov 6, 1996

The employee is entitled to qualified immunity either if the law was not clearly established or if his conduct did not violate the law. … To summarize, we affirm the grant of qualified immunity to defendants individually on the ground that the law was not clearly established.

Bordelon v. Franklin Township, Unpublished Decision (12-13-2001)

Ohio Court of Appeals · Dec 13, 2001

of clearly established law and the information that he possessed. … defendant's conduct did indeed violate clearly established rights).

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).

JACOBS v. CUMBERLAND COUNTY

District Court, D. New Jersey · Jun 4, 2019

Callahan, 555 U.S. 223, 231 (2009) (“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 … Insomuch as the CO Defendants would like to invoke the doctrine of qualified immunity because their purported after-the-fact conspiratorial actions did not violate a then-clearly established constitutional right, that attempt

Melvin Alan Wood v. Michael Kesler, individually and in his capacity as an Alabama State Trooper, Brian Jones

323 F.3d 872 · Court of Appeals for the Eleventh Circuit · Mar 4, 2003

General Principles “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201.

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).

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.

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.

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.

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.

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.”).

Heather Hinterberger v. Iroquios School District

548 F. App'x 50 · Court of Appeals for the Third Circuit · Dec 5, 2013

“District court opinions may be relevant to the determination of when a right was clearly established for qualified immunity analysis.” Doe v. Delie, 257 F.3d 309, 321 (3d Cir. 2001). … As Hinterberger’s alleged right was not clearly established at the time of her injury, Loftus is entitled to qualified immunity from suit. III.

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.