Case law

Merrilee 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

Geronimo 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.

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

Lambert 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

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.

Long v. Boucher

District Court, D. Utah · Nov 24, 2020

To overcome this defense, a plaintiff must establish that the officer asserting qualified immunity “violated a federal statutory or constitutional right” and that “the unlawfulness of [her] conduct was clearly established … The court must accordingly turn to whether Detective Boucher is entitled to qualified immunity on the ground that her actions were objectively reasonable in light of the legal rules that were clearly established at the

Lucas 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

Wright v. City Of Philadelphia

409 F.3d 595 · Court of Appeals for the Third Circuit · Jun 6, 2005

facts showed a violation of `clearly established' law." … violated was clearly established.

Wyoming State Hospital and State of Wyoming v. Mary Romine and Donald Romine, as Guardians and Conservators for and On Behalf of Justina Case, Their Ward

2021 WY 47 · Wyoming Supreme Court · Mar 25, 2021

law was clearly established and whether the defendant’s conduct was proscribed by such clearly established law without reviewing the merits of the case. … The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not “clearly established,” Harlow v.

Morelli v. Webster

552 F.3d 12 · Court of Appeals for the First Circuit · Jan 7, 2009

Qualified Immunity. This case differs from a garden-variety summary judgment case because it involves the doctrine of qualified immunity. … Given this well-settled jurisprudence, there is no legitimate doubt that the right asserted here was clearly established.

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.

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

Jennifer L.M. LeMay v. Michael B. Mays

18 F.4th 283 · Court of Appeals for the Eighth Circuit · Nov 15, 2021

Clearly Established We then turn to the second prong of the qualified immunity analysis⸺whether the right was clearly established at the time of the challenged conduct. See Dillard, 961 F.3d at 1052. … and entitling him to qualified immunity.

Birdo v. Gomez

214 F. Supp. 3d 709 · District Court, N.D. Illinois · Oct 17, 2016

qualified immunity. … The doctrine of qualified immunity “protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Barnes v. Fedele

337 F. Supp. 3d 227 · District Court, W.D. New York · Oct 2, 2018

DISCUSSION Qualified immunity shields a government official from liability for civil damages "if his conduct did not violate plaintiff's *231 clearly established rights or if it would have been objectively reasonable for … The qualified immunity defense in this case largely turns on two considerations: whether the statutory or constitutional right in question was clearly established at the time of the alleged violation, and, if so, whether

Benner v. Saint Paul Public Schools, I.S.D. 625

District Court, D. Minnesota · May 6, 2019

Gruenewald’s Qualified Immunity Defense With respect to Principal Gruenewald – the “individual defendant” – Defendants argue that, because there is no “clearly established legal right to be free … speech in these circumstances was clearly established”).

Julie Ballou v. James McElvain

29 F.4th 413 · Court of Appeals for the Ninth Circuit · Sep 28, 2021

As Ballou’s disparate treatment claim alleged that McElvain violated her clearly established rights under the Equal Protection Clause, McElvain was not entitled to qualified immunity on that claim. … As Ballou’s disparate treatment claim alleged that McElvain violated her clearly established rights under the Equal Protection Clause, McElvain is not entitled to qualified immunity on that claim.

Richard Wesley v. Alison Campbell

864 F.3d 433 · Court of Appeals for the Sixth Circuit · Jul 20, 2017

“Qualified immunity protects public officials from liability for civil damages if their conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’” … To determine whether Rigney is entitled to qualified immunity, we must determine whether the facts within the trial record make out a violation of a constitutional right, and whether that right was clearly established “such

Chauncey Ziglar v. Diann Skiles and West Virginia Division of Corrections and Rehabilitation

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Therefore, to defeat a claim of qualified immunity, a plaintiff must show that the public official’s duties violated clearly established, and reasonably known legal authority prescribing a duty to act or that the public official … Ziglar has failed to make the required showing of a “clearly established, and reasonably known legal authority prescribing a duty to act” or that the actions or inactions of Ms.

Rowan County v. Sloas

201 S.W.3d 469 · Kentucky Supreme Court · Sep 26, 2006

official immunity; and, for the Jailer and Henderson in their individual capacities, on grounds of qualified official immunity. … THE YANERO TEST FOR QUALIFIED OFFICIAL IMMUNITY Under Yanero , public officers and employees are entitled to “qualified official immunity” for negligent conduct when the negligent act or omissions were (1) discretionary acts