Case law
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EIVICH v. EAST GREENWICH TOWNSHIP
District Court, D. New Jersey · Aug 12, 2025
Beyond reciting the standard for qualified immunity and reiterating their argument as to why the excessive force should be dismissed, defendants do not expressly argue how or why Robostello is entitled to qualified immunity … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional
Cited 0 timesUnknown241 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.
Cited 3 timesPublished551 F. Supp. 1247 · District Court, E.D. Pennsylvania · Nov 12, 1982
If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … Under the Harlow standard, a government official is immune from suit if the law was not clearly established at the time of the official’s allegedly wrongful conduct.
Cited 16 timesPublishedDistrict 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).
Cited 0 timesUnknownCourt of Appeals of Iowa · May 13, 2026
established at the time of the alleged violation.” … established at the time of the alleged violation.”
Cited 0 timesPublishedBreault v. CHAIRMAN OF BD, FIRE COMMR. OF SPRINGFIELD
401 Mass. 26 · Massachusetts Supreme Judicial Court · Oct 13, 1987
Creighton, 483 U.S. 635, 641 (1987) (principle of qualified immunity allows defendant to seek summary judgment on ground that, on "clearly established principles [of law]," he could have reasonably believed his acts to be … established rule of immunity.
Cited 35 timesPublished178 Vt. 222 · Supreme Court of Vermont · Jul 22, 2005
The officers moved to dismiss the complaint on the basis of qualified immunity, asserting that they had not violated any clearly established federal law or state rights. … Furthermore, once the issue was raised, Sprague had the burden to rebut the qualified immunity defense “by establishing that the official’s allegedly wrongful conduct violated clearly established law.
Cited 20 timesPublished565 U.S. 535 · Supreme Court of the United States · Feb 22, 2012
“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … the legal rules that were ‘clearly established’ at the time it was taken.”
Cited 800 timesPublished148 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.
Cited 18 timesPublished819 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
Cited 41 timesPublished262 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.
Cited 15 timesPublishedMerrilee Berge, V. Kitsap County
Court of Appeals of Washington · Jul 11, 2023
RECREATIONAL IMMUNITY 1. … See also Lockner, 190 Wn.2d at 532 (“To qualify for immunity under RCW 4.24.210, the landowner must establish that the land at issue was (1) open 5 No. 56865-9-II to
Cited 0 timesUnpublishedGeronimo Lozano v. State of New Jersey
9 F.4th 239 · Court of Appeals for the Third Circuit · Aug 16, 2021
A police officer is entitled to qualified immunity under § 1983 unless the plaintiff shows that the officer violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Rather, we may only “review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right.” Id.
Cited 54 timesPublishedCourt 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.’”
Cited 0 timesUnpublished438 S.W.3d 292 · Kentucky Supreme Court · Apr 17, 2014
His general duty to look out for the safety of the students is clearly discretionary in nature, and he is just as clearly entitled to qualified immunity. … Consequently, he does not have qualified immunity, and can be sued individually.
Cited 92 timesPublished147 S.W.3d 609 · Texas Court of Appeals, 13th District · Aug 31, 2004
Government officials performing *616 discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would … In conducting a qualified immunity analysis, the reviewing court first determines whether the plaintiff has alleged a violation of a clearly established constitutional right. See Siegert v.
Cited 40 timesPublishedJoshua, 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
Cited 0 timesUnknownLambert v. RIVERBOAT GAMING ENFORC. DIV.
706 So. 2d 172 · Louisiana Court of Appeal · Dec 29, 1997
In support of their application, defendants contend that the trial court erred: (1) in ruling that defendants had established the qualified immunity defense, yet failing to grant their exception of no cause of action and … Accordingly, in Kyle , this court examined the pleadings to determine whether the plaintiff had set forth material facts therein which, if taken as true, showed that defendants had violated a clearly established right of
Cited 33 timesPublished652 A.2d 110 · Supreme Judicial Court of Maine · Jan 12, 1995
Qualified Immunity A plaintiff may maintain a section 1983 5 claim against governmental employees only if they are not entitled to qualified immunity. … The two-part test for denial of qualified immunity is (1) whether the plaintiffs constitutional rights were violated, and (2) whether those rights were so clearly established that the defendants would have known that their
Cited 14 timesPublishedLucas v. Otsego County Sheriff Richard J. Devlin Jr.
139 A.D.3d 1196 · Appellate Division of the Supreme Court of the State of New York · May 12, 2016
Supreme Court determined that, among other things, defendants were shielded from liability by the doctrine of qualified immunity and granted their motion. Plaintiff now appeals. We affirm. … Defendants nevertheless have qualified immunity for their conduct if they did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known" (Mullenix v Luna, US
Cited 3 timesPublished
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