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.

Brodie Faughn and Billy Colvin v. Alfred Kennedy and Wayne Kennedy

2019 Ark. App. 570 · Court of Appeals of Arkansas · Dec 4, 2019

Qualified immunity protects an officer from liability in an excessive-force case unless the officer’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … The second step of the qualified-immunity inquiry—whether the constitutional or statutory right was clearly established at the time of the defendant’s alleged misconduct— requires the victim to point to a previously decided

Starko, Inc. v. Gallegos

140 N.M. 136 · New Mexico Court of Appeals · Apr 26, 2006

Qualified immunity should be recognized where, under the particular facts, it was objectively reasonable for the government official to believe that his or her acts did not violate a clearly established right. Yount v. … Holloway, 510 U.S. 510, 515 , 114 S.Ct. 1019 , 127 L.Ed.2d 344 (1994) (describing Davis as answering the “discrete question: Is qualified immunity defeated where a defendant violates any clearly established duty, including

Hydrick v. Hunter

Court of Appeals for the Ninth Circuit · Aug 30, 2007

To defeat qualified immunity, “the right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established.” Wilson v. … Thus, there are two bodies of law from which we might draw “clearly established” law for qualified immunity pur- poses: first, where the SVPs claim a violation of a right that is clearly established even in the prison context

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.

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 .

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 . . . .”).

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

Carnell v. Grimm

74 F.3d 977 · Court of Appeals for the Ninth Circuit · Jan 30, 1996

When a law enforcement officer asserts qualified immunity from liability, “the district court must determine whether, in light of clearly established principles governing the conduct in question, the officer objectively could … The second step of analysis for a qualified immunity determination is whether under the clearly established law a reasonable officer could have believed that his conduct was lawful. Act Up!/Portland, 988 F.2d at 871 .

Dimitris Desyllas v. Daniel Bernstine Roderic Diman John Fowler Rick Roe

351 F.3d 934 · Court of Appeals for the Ninth Circuit · Dec 9, 2003

rights were clearly established. … Accordingly, we need not consider the second part of the qualified immunity analysis — whether the constitutional rights were clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Michael Hampton v. State of California

Court of Appeals for the Ninth Circuit · Oct 3, 2023

Plaintiff’s due process right to familial association with her husband is therefore not “clearly established,” id. at 887 (quotation marks omitted), and Defendants are entitled to qualified immunity on the familial-association … qualified immunity”). ** The Honorable Richard D.

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.

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.

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.

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.”

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

McGarry v. Bd. of Cnty. Commissioners for the Cnty. of Lincoln

294 F. Supp. 3d 1170 · District Court, D. New Mexico · Feb 28, 2018

The Court concludes that: (i) Wood used excessive force, but he is entitled to qualified immunity, because the right was not clearly established; (ii) the Officers are entitled to qualified immunity on the malicious prosecution … Although the Tenth Circuit has recognized a sliding scale for qualified immunity's clearly established inquiry, see Casey v.

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.

Barnes v. Harling

368 F. Supp. 3d 573 · District Court, W.D. New York · Mar 18, 2019

"Qualified immunity insulates public officials from claims for damages where their conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable person would have known.' " Defore … Accordingly, the Court finds the relevant law as to the SHU lighting conditions was not clearly established at the time of Plaintiff's incarceration at the Monroe County Jail, and Defendants are entitled to qualified immunity