Case law

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

Moresi v. State, Dept. of Wildlife & Fisheries

567 So. 2d 1081 · Supreme Court of Louisiana · Sep 6, 1990

Further, the defendants have clearly carried their burden of pleading qualified immunity. … If the defendant shows that the state constitutional right alleged to have been violated was not clearly established, the defendant is entitled to qualified immunity.

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.

United States v. Bennett

868 F.3d 1 · Court of Appeals for the First Circuit · Jul 5, 2017

On that basis, we held that the defendant's conviction could not qualify as a conviction for a crime that had as an element the "use . . . of physical force" because the "government ha[d] not established the offense of harmful … If anything, then, the force clause in § 16 would seem to be less clearly encompassing of reckless conduct than the residual clause in § 16.

Andrew B. Bloom v. Melissa Peacock

498 F. App'x 867 · Court of Appeals for the Eleventh Circuit · Nov 19, 2012

Further, a defense of qualified immunity may be addressed in a motion to dismiss, which will be granted if the “complaint fails to allege the violation of a clearly established constitutional right.” St. George v. … To determine if an officer is entitled to qualified immunity, courts must determine (i) whether the plaintiff’s allegations establish a constitutional violation, and (ii) whether the constitutional violation was clearly

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

Carol Vincent v. City of Sulphur

805 F.3d 543 · Court of Appeals for the Fifth Circuit · Oct 28, 2015

To defeat qualified immunity, the plaintiff must show that the official’s conduct was objectively unreasonable in light of a clearly established rule of law. See id. at 323. … In summary, as we have explained, the alleged constitutional right was not clearly established, so the officers are entitled to qualified immunity.

Abouzari v. Foster

14 Brief Times Rptr. 984 · Colorado Court of Appeals · Jul 19, 1990

The plaintiff bears the burden of demonstrating that the applicable law was clearly established at the time in question, and the failure to establish a clearly existing constitutional standard derived from authority in a … a jury question on the issue of qualified immunity.

Payne v. Breuer

891 S.W.2d 200 · Tennessee Supreme Court · Dec 19, 1994

In the case under submission, Breuer chose the latter and attempted to establish the affirmative defense of qualified immunity. … Thus, we hold that Breuer’s actions were not objectively reasonable under clearly established law. Therefore, Breuer is not entitled to qualified immunity.

Costanich v. DEPT. OF SOCIAL AND HEALTH SERVICES

627 F.3d 1101 · Court of Appeals for the Ninth Circuit · Dec 3, 2010

clearly established. 1. … immunity, this right had not previ- ously been clearly established in the civil context.13 [12] A right is “clearly established” when “the contours of the right were already delineated with sufficient clarity to make

Eric Earnest, Jr. v. Genesee Cnty., Mich.

Court of Appeals for the Sixth Circuit · Jan 28, 2021

constitutional right; and (2) the right was clearly established.” … clearly established).

Mattson v. Streibel

District Court, D. Idaho · Dec 20, 2023

violated clearly established law at the time of the incident. … Qualified immunity shields government officials from liability unless a plaintiff proves: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time

Cecilia Perry v. Jermanda Adams

993 F.3d 584 · Court of Appeals for the Eighth Circuit · Apr 5, 2021

Because Adams’s conduct did not violate the detainee’s clearly established rights, she is entitled to qualified immunity. Accordingly, we reverse. … Because Adams is a public official asserting a defense of qualified immunity, she is immune from suit under § 1983 unless her actions violated constitutional or statutory rights that were clearly established at the time of

Autry v. Western Kentucky University

219 S.W.3d 713 · Kentucky Supreme Court · Apr 19, 2007

However, even if an act is discretionary, there is no immunity if it violates constitutional, statutory, or other clearly established rights, or if it is done willfully or maliciously with intent to harm, or if it is committed … Viewed in this light, WKU clearly is entitled to governmental immunity.

Hsien I. Peng v. Mei Chin Penghu Jonathan Hu S. Gage, Los Angeles County Deputy, Badge No. 406857, Sued Individually

335 F.3d 970 · Court of Appeals for the Ninth Circuit · Jul 10, 2003

The first order granted Deputy Gage qualified immunity from suit. … Qualified Immunity Next, we address whether Gage was properly'granted qualified immunity.

Cunningham ex rel Gaines v. Baltimore Cnty.

Court of Appeals of Maryland · Jun 25, 2024

Because the law was not clearly established at the time, qualified immunity is proper. … Alternatively, the Defendants argued that Corporal Ruby was entitled to qualified immunity because he did not violate clearly established law.

Jose Peroza-Benitez v. Darren Smith

994 F.3d 157 · Court of Appeals for the Third Circuit · Apr 8, 2021

Haser and Officer White were entitled to qualified immunity because Peroza-Benitez’s constitutional rights at issue were not “clearly established” at the time of the incident. … At summary judgment, the burden is on the officer to establish an entitlement to qualified immunity. Halsey, 750 F.3d at 288.

Al-Kidd v. Ashcroft

Court of Appeals for the Ninth Circuit · Sep 4, 2009

ASHCROFT lates the Constitution, we should still grant him qualified immunity because that constitutional right was not “clearly established” in March 2003, when al-Kidd was arrested. We disagree. … Ohio, was certainly clearly established.

Umar v. Scott

991 S.W.2d 512 · Court of Appeals of Texas · Jun 10, 1999

Qualified Immunity The doctrine of qualified immunity shields individual government officials performing discretionary functions from liability for civil damages, so long as their conduct does not violate clearly established … Furthermore, we hold that Appellees’ actions in complying with the policy were objectively reasonable, and Appellees’ have established, as a matter of law, their entitlement to qualified immunity.

McBeth v. Himes

598 F.3d 708 · Court of Appeals for the Tenth Circuit · Mar 8, 2010

violated clearly established law.” … Himes contends, however, that even if he possessed a retaliatory motive when he spoke to DHS, he is nevertheless entitled to qualified immunity because he did not violate any clearly established constitutional right of