Case law
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Mary E. Walters v. Paul Freeman
572 F. App'x 723 · Court of Appeals for the Eleventh Circuit · Jul 16, 2014
Towards that end, qualified immunity protects government officials engaged in discretionary functions and sued in their individual capacities unless they “violate[] clearly established federal statutory or constitutional … Because the facts, viewed in the light most favorable to Walters, demonstrate that Freeman violated her clearly established constitutional rights, the district court properly denied qualified immunity to Freeman.
Cited 4 timesUnpublishedGrix v. Florida Fish & Wildlife Conservation Commission
821 So. 2d 315 · District Court of Appeal of Florida · May 22, 2002
The court also found that qualified immunity shielded the officer from. liability under section 1983 because he did not violate a clearly established law concerning proper.net measurements when stopping and detaining appellant … Therefore, Millender did not “clearly establish” the method of measuring such nets.
Cited 1 timesPublished74 Md. App. 331 · Court of Special Appeals of Maryland · Jun 24, 1988
[emphasis added, bracketed material in original] As was clearly stated by the Court in Moore v. … The emphasized portion of that statement is simply another way of saying that, in a case involving complex medical procedures or the exercise of professional skill and judgment, a jury is not qualified to determine whether
Cited 16 timesPublishedDistrict 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).
Cited 0 timesUnknown493 Mich. 135 · Michigan Supreme Court · Feb 8, 2013
’s immunity provision clearly contemplates that a registered qualifying patient’s medical use of marijuana only occur for the purpose of alleviating his own debilitating medical condition or symptoms associated with his debilitating … under § 4 of the MMMA inapplicable. *155 The text of § 4(d) establishes that the MMMA intends to allow “a qualifying patient or primary caregiver” to be immune from arrest, prosecution, or penalty only if conduct related
Cited 52 timesPublished900 F. Supp. 2d 499 · District Court, M.D. Pennsylvania · Oct 16, 2012
Defendant Dillon is entitled to Qualified Immunity because it is not clearly established that failing to hold a pre-ejection hearing [for Adamo] is a deprivation of Due Process. 15. … Defendant Dillon is entitled to Qualified Immunity because it is not clearly established that failing to hold a pre-ejection hearing [for Gill] is a deprivation of due process. 23.
Cited 6 timesPublished472 N.W.2d 100 · Supreme Court of Minnesota · Jun 21, 1991
In section 1983 actions government officials are entitled to immunity from liability for damages unless the official’s conduct *108 violated “clearly established statutory or constitutional rights of which a reasonable person … Nevertheless, federal decisions interpreting qualified immunity under section 1983, though certainly not conclusive, are instructive when we examine an official immunity issue because section 1983 qualified immunity and common
Cited 141 timesPublished477 N.W.2d 176 · North Dakota Supreme Court · Nov 12, 1991
action is a violation) violates a clearly established right. … When a court is faced with a motion for summary judgment based on qualified immunity, the court must first determine whether or not the alleged conduct of the defendant was violative of "clearly established" law.
Cited 11 timesPublished256 Ariz. 77 · Court of Appeals of Arizona · Aug 1, 2023
¶37 Both federal and state qualified immunity require an analysis of whether Cardenas violated established law or unreasonably disregarded the unlawful nature of his conduct. … Those same conclusions—that Cardenas acted as a reasonable officer would and did not violate clearly established law—preclude the opposite finding in state court (i.e., a finding that Cardenas violated established law and
Cited 13 timesPublishedDistrict Court, W.D. Virginia · Sep 13, 2021
The doctrine of qualified immunity shields government officials from civil damages liability “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a … To determine whether the law was clearly established for qualified immunity purposes, a court “‘ordinarily need not look beyond the decisions of the Supreme Court, [the] court of appeals, and the highest court of the state
Cited 0 timesUnknown963 F.3d 259 · Court of Appeals for the Second Circuit · Jun 29, 2020
Accordingly, the District Court denied Defendants qualified immunity for conduct alleged to have occurred after Helling, decided on June 18, 1993, finding the right to be clearly established as of that date. … In denying defendants qualified immunity on this claim, we first noted that a prisoner’s right to a meaningful opportunity for physical exercise had been clearly established since 1985. Id. at *6 (citing Anderson v.
Cited 151 timesPublishedGARCIA v. Northside Independent School District
District Court, W.D. Texas · Jun 23, 2025
Unreasonable Seizure2 1 The Court’s analysis of the “clearly established” prong of the qualified immunity analysis is not limited to the cas- es cited by Plaintiff. See Elder v. … Marcantel, 567 F.3d (5th Cir. 2009) as clearly establishing that an officer should receive no qualified immunity if he “quickly escalate[s]” an encounter with a non-threatening, passively-resisting driver who posed little
Cited 0 timesUnknownSossamon v. Lone Star St Texas
Court of Appeals for the Fifth Circuit · Mar 17, 2009
As for the individual-capacity claims for damages under the First Amendment, we note that the defendants who Sossamon sued enjoy qualified immunity as government actors.76 Whether Sossamon could establish a violation of the … Pelletier, 516 U.S. 299, 205-06 (1996) (“[T]he qualified immunity defense shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional
Cited 0 timesPublished864 F.3d 1205 · Court of Appeals for the Tenth Circuit · Jul 25, 2017
Even with this assumption, the two officials would enjoy qualified immunity unless the denial of outdoor exercise for two years and one month had violated a clearly established constitutional right. … established and the defendants are entitled to qualified immunity. d.
Cited 105 timesPublished446 Mass. 525 · Massachusetts Supreme Judicial Court · Apr 13, 2006
was clearly established at the time of the alleged constitutional violation. … Indeed, an “unresolved” constitutional right, like the one presented in this case, cannot be “clearly established,” as required under the second prong of the qualified immunity test. See, e.g., Wilson v.
Cited 103 timesPublishedSaenz v. G4S Secure Solutions (USA), Inc.
224 F. Supp. 3d 477 · District Court, W.D. Texas · Dec 20, 2016
“Therefore, a plaintiff seeking to overcome qualified immunity must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct … General Qualified Immunity Analysis Turning to whether Plaintiff has overcome Defendant Romero’s claim of qualified immunity, the Court must determine *483 whether (1) Plaintiff has alleged a violation of a clearly established
Cited 2 timesPublishedDistrict Court, D. New Jersey · Nov 26, 2024
Step One of the Qualified Immunity Doctrine and Deliberate Indifference to Serious Medical Needs The two-prong test for qualified immunity considers whether the facts … Qualified immunity protects a government official from civil liability and suit “insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known
Cited 0 timesUnknownDistrict Court, N.D. Illinois · May 3, 2022
As to the second part of the qualified immunity analysis, the right Brown is accused of violating was clearly established long before the September 2017 fight that gave rise to this case. … violated a clearly established right.”).
Cited 0 timesUnknown126 N.C. App. 712 · Court of Appeals of North Carolina · Jul 15, 1997
Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … However, qualified immunity could operate to shield Swain and McCracken from plaintiff’s damages suit “if ‘a reasonable officer could have believed’ ” plaintiff’s arrest “ ‘to be lawful, in light of clearly established law
Cited 13 timesPublishedTygrett v. City and County of Denver a/k/a Denver Water
District Court, D. Colorado · Feb 26, 2020
Qualified Immunity The doctrine of qualified immunity protects from litigation a public official whose possible violation of a plaintiff’s civil rights was not clearly … that any constitutional violation was grounded in then- extant clearly established law.”
Cited 0 timesUnknown
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