Case law
Opinions from 1658 to today.
10,000+ results
1.92s
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.
Cited 371 timesPublishedWilliams 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.
Vacated by Williams v. Denver, 140 F.3d 855 (1997)Cited 23 timesPublishedDistrict 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).
Cited 0 timesUnknown205 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.
Cited 9 timesPublished63 Wash. App. 389 · Court of Appeals of Washington · Nov 18, 1991
Kitsap Cy., supra (police officers entitled to qualified immunity where nature and scope of plaintiffs' right to gather shellfish not clearly established); cf. Harper v. … To overcome a qualified immunity defense, a plaintiff must do more than identify a clearly established legal test and then allege that the defendant has violated it.
Disapproved in part by Staats v. Brown, 139 Wash. 2d 757 (2000)Cited 14 timesPublishedDistrict Court, E.D. Michigan · Dec 29, 2025
Qualified Immunity Defendants also assert that the claims against Sheriff King must be dismissed under qualified immunity. … Nor is Sheriff King entitled to qualified immunity under the Elrod/Branti defense.
Cited 0 timesUnknown18 Brief Times Rptr. 1019 · Supreme Court of Colorado · Jun 13, 1994
In evaluating a police officer’s claim of qualified immunity, a reviewing court must determine whether the right allegedly violated was “clearly established,” i.e., whether the contours of the right were sufficiently clear … Accordingly, we hold that Trooper Moody is entitled to qualified immunity.
Cited 53 timesPublishedBordelon 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).
Cited 0 timesUnpublishedCourt of Appeals for the Tenth Circuit · Jul 12, 2018
Clearly Established Law An official is entitled to qualified immunity so long as his or her actions don’t “violate clearly established statutory or constitutional rights of which a reasonable person would have known … (holding that defendant was entitled to qualified immunity because plaintiff “failed to satisfy her burden on the clearly-established-law prong of the qualified-immunity standard”).
Cited 0 timesUnpublishedDistrict 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
Cited 0 timesUnknown720 F. Supp. 2d 1088 · District Court, W.D. Missouri · Jun 24, 2010
However, subsequent United States Supreme Court cases reveal that limited discovery on the qualified immunity issue is allowed, so long as the plaintiffs allegations state a violation of clearly established law. … In Mitchell, the Court opined, Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery
Cited 1 timesPublished902 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.
Cited 56 timesPublishedEmmanuel 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.
Cited 0 timesPublishedPueblo of Pojoaque v. New Mexico
214 F. Supp. 3d 1028 · District Court, D. New Mexico · Sep 30, 2016
Qualified Immunity Motion Reply at 9. With respect to the clearly established prong, the Individual Defendants argue that the Plaintiffs still fail to establish a violation of a clearly established right. … Clearly Established Rights in the Qualified Immunity Analysis.
Cited 18 timesPublishedJohn Dobosz v. Joseph A. Walsh
892 F.2d 1135 · Court of Appeals for the Second Circuit · Dec 28, 1989
We believe that with regard to the due process claim relating to the suspension, Walsh did not violate any clearly established law. … Walsh is not entitled to qualified immunity with respect to this claim.
Cited 50 timesPublished752 F.3d 1109 · Court of Appeals for the Eighth Circuit · May 20, 2014
law relating to qualified immunity.’ ” Lockridge v. … ; and (2) the right was clearly established at the time of the deprivation.”
Cited 231 timesPublishedVickey 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.”
Cited 0 timesPublished901 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.
Cited 16 timesPublished120 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.
Cited 24 timesPublishedJared 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.
Cited 18 timesPublished
Ask Donna