Case law

Ochser v. Funk

225 Ariz. 484 · Court of Appeals of Arizona · Sep 28, 2010

Qualified immunity protects government officials from civil liability if a reasonable government official could have believed his actions to be lawful, in the light of clearly established law and the information he possessed … Officials are entitled to the protections of qualified immunity, unless “the law clearly proscribed the actions” that were taken. Mitchell v.

Rubeor v. Town of Wright

191 F. Supp. 3d 198 · District Court, N.D. New York · Jun 8, 2016

Was the Right Clearly Established The second step in qualified immunity analysis is to determine whether the constitutional or statutory right was clearly established at the time that it was violated. … Therefore, the constitutional right in question was not clearly established, and individual Defendants are entitled to qualified immunity.

Wilson v. Osborn

District Court, N.D. Ohio · Dec 9, 2022

Qualified Immunity Osborn argues that she is entitled to summary judgment with respect to both of Wilson’s claims on the basis of qualified immunity.13 The qualified immunity … “[A]n arresting [officer] is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information possessed

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.

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.

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.

Carrillo v. Rostro

114 N.M. 607 · New Mexico Supreme Court · Aug 28, 1992

Applying this proposition to a request for qualified immunity, we examine whether the opposing party has presented evidence to support a violation of clearly established law, so as to require a trial on the merits. … Finding that plaintiff had this clearly established right, however, does not quite dispose of the qualified-immunity issue in this case, because in order to determine whether defendants unconstitutionally infringed her right

Ortega v. Reyna

114 Nev. 55 · Nevada Supreme Court · Jan 22, 1998

Under the qualified immunity doctrine, “government officials performing discretionary functions . . . are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … The pertinent inquiry in determining whether an officer is entitled to qualified immunity for a Fourth Amendment violation is whether a reasonable officer could have believed his conduct lawful under the clearly established

Rick Plemmons v. J.T. Roberts, Pulaski County Sheriff the County of Pulaski, Missouri Ronald Jones Michael Gibbens

439 F.3d 818 · Court of Appeals for the Eighth Circuit · Mar 3, 2006

The doctrine of qualified immunity protects governmental officials from civil liability when “ ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … was one of clearly established law.

Jorge Rico v. Clark Ducart

980 F.3d 1292 · Court of Appeals for the Ninth Circuit · Nov 20, 2020

the Guard One system. 7 The district court denied qualified immunity to the remaining nine defendants, finding that Rico had a clearly established right to be free from sleep deprivation caused by excessive noise. … a clearly established right.

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.

Irish v. State of ME

849 F.3d 521 · Court of Appeals for the First Circuit · Mar 1, 2017

come away understanding that it [wa]s not a clearly established violation of Ms. … Lewis, 648 F.3d 24, 32 (1st Cir. 2011) (qualified immunity protects officers from liability "insofar as their conduct does not violate clearly established . . . constitutional rights of which a reasonable

Cody Marble v. Heather Smith

687 F. App'x 587 · Court of Appeals for the Ninth Circuit · Apr 18, 2017

Qualified immunity should not be available to Defendant Heather Smith for violating Marble’s clearly established due process right to question the witness upon which the allegation of a parole violation was based. … His clearly established right to a hearing was effectively vitiated. Applying the doctrine of qualified immunity in this situation serves no legitimate purpose.

Greg Moore v. Sean Garnand

83 F.4th 743 · Court of Appeals for the Ninth Circuit · Sep 29, 2023

Because Plaintiffs fail to show that Defendants’ conduct violated clearly established law, Defendants are entitled to qualified immunity on the First Amendment claims. … “[I]n the absence of binding precedent, we look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes . . . .” Id.

SWEENEY v. MULL

District Court, S.D. Indiana · Jan 11, 2022

Fletcher, 522 U.S. 118, 129–31 (1997) (prosecutor entitled to absolute immunity for preparing and filing documents, but not for personally swearing to the truth of facts establishing probable cause, which was the function … Litscher, 267 F.3d 648, 651–52 (7th Cir. 2001) (dismissal at pleading stage on qualified immunity grounds is often inappropriate because qualified immunity "usually depends" on the facts of the case).

Rockford Life Insurance v. Illinois Department of Revenue

482 U.S. 182 · Supreme Court of the United States · Jun 8, 1987

Davis is clearly lacking, and its absence is critical in view of the purposes behind the intergovernmental tax immunity doctrine. … H — < 1 — i A court must proceed carefully when asked to recognize an exemption from state taxation that Congress has not clearly established.

Gawloski v. Dallman

803 F. Supp. 103 · District Court, S.D. Ohio · Mar 16, 1992

QUALIFIED IMMUNITY Prison officials performing discretionary duties are entitled to qualified immunity if their actions do not violate clearly established constitutional law of which a reasonable prison official would have … Once a defendant raises a qualified immunity argument in a motion for summary judgement, a plaintiff must satisfy a two prong test: “First, the allegations must state a claim of violation of clearly established law.

Back v. Schrader

Court of Appeals for the Sixth Circuit · Aug 11, 2008

But the court denied the defendants’ request for qualified immunity on Back’s political-affiliation claims, holding that Back had adequately alleged a clearly established constitutional violation. … P. 12(b)(6), so we review an assertion of qualified immunity to determine only whether the complaint “adequately alleges the commission of acts that violated clearly established law,” Mitchell v.

Fred Watson v. Eddie Boyd, III

2 F.4th 1106 · Court of Appeals for the Eighth Circuit · Jun 30, 2021

or statutory right; and (2) the right was clearly established at the time of the deprivation.’” … Accordingly, because of the district court’s incomplete analysis on both the constitutional violation and clearly established prongs, we can neither affirm nor reverse the denial of qualified immunity.

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.