Case law

Turner v. Thomas

313 F. Supp. 3d 704 · District Court, W.D. Virginia · May 29, 2018

Because I find this duty is not "clearly established," his claims are barred by qualified immunity. … Qualified Immunity The individual Defendants argue they are entitled to qualified immunity, a doctrine that protects government officials from damages lawsuits when their actions did not violate clearly established law.

Abell v. Dewey

870 P.2d 363 · Wyoming Supreme Court · Mar 15, 1994

The Court erroneously applied the law of qualified immunity, i.e. the law was not clearly established in 1990 that a state probationary employee had a property interest in continued employment, and Ap-pellee Dewey is therefore … Once a government *368 official asserts qualified immunity, the plaintiff in an action under 42 U.S.C.S. § 1983 bears the initial burden of convincing the court that the constitutional right was clearly established.

McClellan v. Chippewa, County of

District Court, W.D. Michigan · Oct 7, 2022

Sept. 8, 2022) (“A single district court opinion is not enough to pronounce a right is clearly established for purposes of qualified immunity.”) (citing Hall v. Sweet, 666 F. … Greene, 563 U.S. 692, 709 n.7 (2011) (“Many Courts of Appeals . . . decline to consider district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity.”).

Doe v. Ohio State University

219 F. Supp. 3d 645 · District Court, S.D. Ohio · Nov 7, 2016

The Court “review[s] an assertion of qualified immunity to determine only whether the complaint ‘adequately alleges the commission of acts that violated clearly established law.’ ” Back v. … Majarian is entitled to qualified immunity because Doe has stated no specific allegations that Majarian violated clearly established law by failing to disclose key impeachment evidence.

Neimes v. Kien Chung Ta

985 S.W.2d 132 · Texas Court of Appeals, 4th District (San Antonio) · Jan 11, 1999

Woo’s affirmative defense of qualified immunity because the constitutional rights that Ta and Fisher have asserted are not clearly established. … Under the doctrine of qualified immunity, as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would be aware, government officials performing discretionary

Bates v. Rowe

District Court, N.D. Texas · Jun 27, 2023

After the issue of qualified immunity is ' Defendants have each appeared in this case and asserted the affirmative defense of qualified immunity. (See Dkt. Nos. 32, 33, 34.) … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Mendoza v. City of West Covina

206 Cal. App. 4th 702 · California Court of Appeal · May 8, 2012

The qualified immunity rule shields public officers from section 1983 actions unless the officer has violated a clearly established constitutional right. … The Saucier court established a two-step procedure for determining whether a defendant’s conduct was entitled to qualified immunity.

Finch v. Wemlinger

361 N.W.2d 865 · Supreme Court of Minnesota · Feb 8, 1985

Because the right was not “clearly established” on that date; and since the federal doctrine of qualified immunity was applicable, see Finch v. Wemlinger, 310 N.W.2d 66, 70 (1981); under Harlow v. … Examination of these cases demonstrates clearly that Harlow fundamentally changed the prior law by abolishing the subjective element of the qualified immunity test. See also, Davis v.

Leibel v. City of Buckeye

382 F. Supp. 3d 909 · District Court, D. Arizona · Apr 9, 2019

As Officer Grossman correctly states, denial of qualified immunity is only appropriate where an official's conduct violates "clearly established constitutional rights of which a reasonable officer would be aware 'in light … In retrospect, it would have been preferable to provide a comparable level of analysis concerning the clearly-established prong of the qualified-immunity test (which the Court has attempted to supply below).

Parent Father Doe and Parent Mother Doe, Individually on their own behalf and as Parents and Next Friend for Minor Doe v. Western Dubuque Community School District, Jessica Pape, Dan Butler, and Scott Firzlaff, in their Official Capacities

Supreme Court of Iowa · May 9, 2025

Third, the plaintiff must plead “that the law was clearly established at the time of the alleged violation.” Id. … Do the people have a clearly established right, privilege, or immunity to be free from being rear-ended? T-boned? Side-swiped?

Pinkins v. City of Racine

District Court, E.D. Wisconsin · Mar 30, 2022

The use of such force establishes a constitutional violation, and if the right violated was clearly established at the time of the officer’s actions, then qualified immunity does not attach. … If one view of the disputed facts could lead a jury to conclude that an officer violated a clearly established constitutional right, the officer may not seek qualified immunity based on an alternative, more advantageous

Huffmier v. Hamilton

30 Kan. App. 2d 1163 · Court of Appeals of Kansas · Oct 25, 2002

established law.” … Second, was the constitutional right clearly established? See McCormick, 272 Kan. at 642 .

Priest v. Grazier

Court of Appeals for the Fifth Circuit · Jun 25, 2021

“Qualified immunity protects government officials from civil liability in their individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights.” … unlawfulness of the conduct was ‘clearly established at the time.’”

Powell v. Cooper

241 Wis. 2d 153 · Wisconsin Supreme Court · Feb 16, 2001

Cooper and Stoudt were not entitled to qualified immunity because Powell's due process claims were grounded on clearly established property and liberty interests. Id. at 19. ¶ 12. … When qualified immunity is raised as an affirmative defense, the plaintiff has the burden of demonstrating by closely analogous case law that the defendant violated a clearly established constitutional right.

Harrison v. Kernan

District Court, N.D. California · Sep 21, 2021

Ct. 26 831 (Jan. 23, 2017) (qualified immunity looks at whether the right was clearly established when the defendant acted). … See e.g., S.B., 864 F.3d at 1015 (qualified 7 immunity looks at whether the right was clearly established when the defendant acted).

Vania Minor, Individually and as Mother, Natural Guardian and Next Best Friend of D.A. v. State of Iowa, Becky Grabe, Individually and Cleo Hester, Individually

819 N.W.2d 383 · Supreme Court of Iowa · Jun 15, 2012

Accordingly, Grabe is entitled to qualified immunity as a matter of law for these alleged actions. 2. Whether Hester violated the clearly established constitutional rights of Minor or D.A. … Hester argues, however, that he is entitled to qualified immunity because Minor and D.A. failed to raise a genuine issue of material fact as to whether he violated D.A.’s clearly established constitutional right under

Nathan Freidhoff, Individually, Michelle Freidhoff and Todd Freidhoff, Individually and as Parents and Next Friends of Nathan Freidhoff v. Johnston Community School District, Mitch Eagles and Brett Becker

Court of Appeals of Iowa · May 13, 2026

established at the time of the alleged violation.” … established at the time of the alleged violation.”

Dickson v. City of Clovis

148 N.M. 831 · New Mexico Court of Appeals · Apr 1, 2010

It granted Defendant Parkin qualified immunity, determining that “there was no apparent violation of a clearly established constitutional right” because it was reasonable for Defendant Parkin to have been uncertain as to … , granted Defendant Parkin qualified immunity, which entitled him to summary judgment as a matter of law.

Hale v. Walterbach

District Court, N.D. Texas · Sep 24, 2024

To defeat qualified immunity, a plaintiff 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 … “If the defendant’s actions violated a clearly established constitutional right” courts examine “whether qualified immunity is still appropriate because the defendant’s actions were objectively reasonable in light

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.