Case law

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.

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

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

Forsyth v. Kleindienst

551 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.

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).

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.

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.

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.”

Breault 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.

Maness v. Daily

307 P.3d 894 · Alaska Supreme Court · Aug 16, 2013

Fitzgerald.17 Under this standard, qualified immunity shields public officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … established.”27 In short, because Maness cannot show pursuant to his theory of liability that the troopers violated any of his clearly established rights, the troopers are protected by qualified immunity from Maness’s excessive

Jonathan v. Nally

178 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.

Messerschmidt v. Millender

565 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.”

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.

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

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

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.

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.’”

Marson v. Thomason

438 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.

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”).

Scott v. Godwin

147 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.