Case law

Thomas v. County of Putnam

262 F. Supp. 2d 241 · District Court, S.D. New York · May 7, 2003

Qualified Immunity Even assuming probable cause was not established, Deputies Langley and Nalbone have a valid defense of qualified immunity. … Absolute Immunity Prosecutors facing individual capacity liability can claim absolute or qualified immunity.

Williams v. Mississippi Department of Public Safety

District Court, S.D. Mississippi · Jul 7, 2025

Reaching only the first element, the Court finds Williams has not sufficiently rebutted qualified immunity “by establishing that [Tindell’s] allegedly wrongful conduct violated clearly established law.” , 117 F.3d … Reaching only the first element, the Court finds Williams has not sufficiently rebutted qualified immunity “by establishing that [Tindell’s] allegedly wrongful conduct violated clearly established law.” , 117 F.3d at 872

Durstein v. Alexander

District Court, S.D. West Virginia · Dec 13, 2019

Qualified Immunity Although qualified immunity is expansive, a government official “who performs an act clearly established to be beyond the scope of his discretionary authority” is not entitled … Qualified Immunity In contrast to Count One, Count Three involves a public employer’s well-established authority to limit employees’ speech, so qualified immunity applies.

Heleba v. Allbee

160 Vt. 283 · Supreme Court of Vermont · Jan 17, 1992

We conclude, however, that defendants are entitled to qualified immunity. A. … Thus, the test is an objective one, requiring a determination of the objective reasonableness of an official’s conduct, as measured by reference to clearly established law. Harlow, 457 U.S. at 818 .

McCormick v. Board of Shawnee County Comm'rs

272 Kan. 627 · Supreme Court of Kansas · Dec 7, 2001

Waiver of qualified immunity. … fact, which if proven, would demonstrate a violation of clearly established law.

Keith Hardesty v. Waterworks District 4 of Ward

621 F. App'x 771 · Court of Appeals for the Fifth Circuit · Jul 14, 2015

“[A] defendant cannot be said to have violated a clearly established right unless the right’s misconduct through the lens of the “objective reasonableness”/”clearly established law” prong of the qualified immunity analysis … the Board Defendants qualified immunity.

Ministerio Roca Solida v. Sharon McKelvey

Court of Appeals for the Ninth Circuit · May 4, 2016

Additionally, the Court finds that qualified immunity does not apply.” … Ct. 2074, 2080 (2011) (“Qualified immunity shields federal and state officials from money damages . . . .”).

Jack Harris, II v. City of Roseburg, Municipal Corporation, John Miller and Les Bergman

664 F.2d 1121 · Court of Appeals for the Ninth Circuit · Dec 28, 1981

Strickland, 420 U.S. 308, 321-22 , 95 S.Ct. 992, 1000-1001 , 43 L.Ed.2d 214 (1975), the Court held that the qualified immunity granted to public officials requires elements of both “objective” and “subjective” good faith. … Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have

Reuter v. City of New Hope

449 N.W.2d 745 · Court of Appeals of Minnesota · Jan 2, 1990

Although the right to be free from unreasonable seizures is a clearly established right, the Supreme Court of the United States has said that a general constitutional violation alone does not dissolve the qualified immunity … The Reuters have presented no violation of a clearly established law. The Reuters assert that the case of Dick v.

Frank Steffensen v. Casey Mayhew

452 F. App'x 793 · Court of Appeals for the Ninth Circuit · Oct 7, 2011

The district court properly granted summary judgment to Mayhew on the basis of qualified immunity because Mayhew’s authorization of a probationary search of a vehicle was not a clear violation of Steffensen’s Fourth Amendment … Callahan, 555 U.S. 223, 243-44 (2009) (qualified immunity shields “an officer from personal liability when an officer reasonably believes that his or her conduct complies with the law,” and “where clearly established law

Gutshall v. New Prime, Inc.

196 F.R.D. 43 · District Court, W.D. Virginia · Jul 19, 2000

The work product doctrine is not a "privilege,” but a sort of "qualified immunity” from discovery, originally established in Hickman v.

Addington v. Wells

Court of Appeals for the Fifth Circuit · Apr 6, 2023

On the second prong of the qualified immunity analysis (i.e., whether the right in question was clearly established), the court denied Wells qualified immunity by “conclud[ing] that an inmate’s right to adequate medical … “But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.” Id.

Garcia v. Casey

District Court, N.D. Alabama · Aug 1, 2019

Qualified Immunity Qualified immunity protects government officials performing discretionary functions from individual capacity suits unless the official violates “clearly established statutory … So, the burden then shifts to Plaintiffs to establish that qualified immunity is not appropriate in this case.

Smith v. Harris

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 … he sat restrained in handcuffs— was not clearly established at the time of the incident.

Schmitt v. LANGENOUR

162 Wash. App. 397 · Court of Appeals of Washington · Jun 28, 2011

Qualified Immunity ¶14 Schmitt contends that Forbes was not entitled to qualified immunity on his § 1983 claims of false arrest, false imprisonment, and malicious prosecution because she *405 violated a clearly established … Under the doctrine of qualified immunity, “[glovemment officials performing discretionary functions” are immune from § 1983 suits “if their conduct is objectively reasonable when measured against clearly established law.”

Constantine v. Rectors and Visitors of George Mason University

411 F.3d 474 · Court of Appeals for the Fourth Circuit · Jun 13, 2005

In the qualified-immunity context, the Supreme Court has stressed "the importance of resolving immunity questions at the earliest possible stage in litigation." Saucier v. … GMU waived whatever Eleventh Amendment immunity it had when it accepted federal funds under a statute that clearly and unambiguously conditioned receipt of such funds on a waiver of immunity.

Rich v. State of New York

District Court, S.D. New York · Mar 31, 2022

immunities established at common law. … Under the doctrine of qualified immunity, an official is immune from liability “only when in light of clearly established law and the information the official possesses, it was objectively reasonable for him to think that

Young v. Gila Reg'l Med. Ctr.

495 P.3d 620 · New Mexico Court of Appeals · Jun 4, 2020

(2) the right was clearly established at the time of the [alleged] conduct.” … Clearly Established {19} Having found that Plaintiff has established a constitutional violation, we turn next to the question of whether the law prohibiting the search was clearly established at the time it was conducted

Joshua, Jimmie v. Wachholz, Isaac

District Court, W.D. Wisconsin · Apr 21, 2023

All defendants now seek summary judgment on the merits of these claims, or alternatively, on their entitlement to qualified immunity. (Dkt. #25.) … Biggs, 43 F.4th 732, 736 (7th Cir. 2022) (dismissing interlocutory appeal of denial of qualified immunity because factual disputes precluded district court from determining whether defendant violated clearly established

Neil Nyber v. City of Battle Creek

Michigan Court of Appeals · Feb 11, 2026

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. … The clearly established prong of the qualified immunity inquiry sets a high standard, and the United States Supreme Court has “aggressively enforced qualified immunity.” Morden, 275 Mich App 340-341.